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Federal Communications Commission
Washington, D.C. 20554
In the matter of )
)
Thomas A. Brothers ) File Number EB-01-DT-523
Berkley, Michigan ) NAL/Acct. No. 200232360004
) FRN: 0006-1077-26
FORFEITURE ORDER
Adopted: June 3, 2002 Released: June 6,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a monetary
forfeiture in the amount of ten thousand dollars ($10,000) to
Thomas A. Brothers (``Brothers'') for willfully and repeatedly
violating Section 301 of the Communications Act of 1934, as
amended (``Act'').1 The noted violation involves Brothers's
operation of an FM station on 88.3MHz without a Commission
license.
2. By actions dated January 14, 2002, and January 28, 2002, the
District Director of the Commission's Detroit, Michigan Office
issued a Notice of Apparent Liability for Forfeiture to
Brothers for a forfeiture in the amount of ten thousand
dollars ($10,000) for the noted violation.2 Brothers has not
filed a response. Based on the information before us, we
affirm the assessment of this forfeiture.
3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b)
of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the
Commission's Rules (``Rules''),4 Thomas A. Brothers IS LIABLE
FOR A MONETARY FORFEITURE in the amount of ten thousand
dollars ($10,000) for willfully and repeatedly violating
Section 301 of the Act.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 within 30 days of
the release of this Order. If the forfeiture is not paid
within the period specified, the case may be referred to the
Department of Justice for collection pursuant to Section
504(a) of the Act.6 Payment may be made by mailing a check or
similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
payment should note NAL/Acct. No. 20023260004 and FRN: 0006-
1077-26. Requests for full payment under an installment plan
should be sent to: Chief, Revenue and Receivables Operations
Group, 445 12th Street, S.W., Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED that a copy of this Order shall be
sent by First Class and Certified Mail Return Receipt
Requested to Thomas A. Brothers, 3845 Ellwood, Berkley,
Michigan, 48072-3123.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232360004 (Enf. Bur., Detroit Office, released January 14,
2002); Erratum, NAL/Acct. No. 200232360004 (Enf. Bur., Detroit
Office, released January 28, 2002) (correcting the mistaken
proposed forfeiture amount from $11,000 to $10,000, i.e, the
correct base forfeiture amount for operation of an unlicensed
transmitter).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.