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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                        )
                              )    File No. EB-01-DT-523
Thomas A. Brothers                 )    NAL/Acct. No. 
200232360004
Berkley, Michigan                  )    FRN: 0006-1077-26


                MEMORANDUM OPINION AND ORDER

     Adopted:  December 20, 2002                  Released:  
December 24, 2002

By the Chief, Enforcement Bureau:

                               
     1.   In this Memorandum  Opinion and Order (``Order''), 
we grant, to  the extent noted, Thomas  A. Brothers's (``Mr. 
Brothers'')  petition for  reconsideration  of a  Forfeiture 
Order1 we  issued imposing  a $10,000  forfeiture assessment 
against him  for willfully and repeatedly  violating Section 
301  of   the  Communications   Act  of  1934,   as  amended 
(``Act'').2   The noted  violations  involve Mr.  Brothers's 
operation of  an FM station  on 88.3 MHz without  a license.  
As explained  below, we cancel the  $10,000 forfeiture based 
on Mr. Brothers's demonstrated inability to pay.
   
     2.   On January 14, 2002,  the District Director of the 
Enforcement  Bureau's  Detroit,  Michigan  Office  issued  a 
Notice of Apparent Liability for Forfeiture (``NAL'') to Mr. 
Brothers for willfully and  repeatedly violating Section 301 
of the  Act by operating  an FM station without  a license.3  
On June 6, 2002, we  issued a Forfeiture Order affirming the 
$10,000 forfeiture  proposed by  the NAL.   We noted  in the 
Forfeiture Order that Mr. Brothers  had not filed a response 
to the NAL,  and affirmed the Forfeiture Order  based on the 
information before us.  On July  3, 2002, Mr. Brothers filed 
what he  styled as a ``response''  to the NAL, which  we are 
treating as a petition for reconsideration of our Forfeiture 
Order  pursuant  to  Sections   1.80(i)  and  1.106  of  the 
Commission's Rules (``Rules''). 4  

     3.    In his petition for reconsideration, Mr. Brothers 
does not  dispute that he willfully  and repeatedly violated 
Section 301 of the Act.  However, he asks that we cancel the 
$10,000  forfeiture  because  of, among  other  things,  his 
inability  to pay.    The  financial  documentation that  he 
provides demonstrates his  inability to pay and  leads us to 
conclude  that   cancellation  of  the   $10,000  forfeiture 
assessment is warranted in this case.   
 
     5.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections  405,  503(b)(2)(D),  and  504(b) of  the  Act  and 
Sections  1.80(i) and  1.106 of  the Rules,5  Mr. Brothers's 
petition for reconsideration IS  GRANTED TO THE EXTENT NOTED 
HEREIN.
           
     6.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall be sent by first class mail and certified mail, return 
receipt  requested, to  Thomas  A.  Brothers, 6808  Norborne 
Avenue, Dearborn Heights, Michigan 48127. 



                         FEDERAL COMMUNICATIONS COMMISSION

                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 Thomas A. Brothers., 17 FCC Rcd 10,550 (Enf. Bur. 2002).

2 47 U.S.C. § 301.

3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232360004 (Enf. Bur., Detroit Office rel. Jan. 14, 2002), 
erratum,  NAL/Acct.  No.  200232360004 (Enf.  Bur.,  Detroit 
Office rel. Jan. 28, 2002).
  
4 See 47 C.F.R. §§ 1.80(i), 1.106.
5 47 U.S.C. §§ 405, 503(b)(2)(D), 504(b); 47 C.F.R. §§ 
1.80(i), 1.106.