Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-02-TP-575
Everald Oliver Brown ) NAL/Acct. No.
200332700018
2409 North Hastings Street ) FRN 0007-9511-06
Orlando, Florida 32808-4320 )
FORFEITURE ORDER
Adopted: July 18, 2003 Released: July
22, 2003
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 Everald Oliver Brown (``Mr.
Brown''), for willful violation of Section 301 of the
Communications Act of 1934, as amended (``Act'').1
The noted violation involves Mr. Brown's operation of
a radio station on the frequency of 95.9 MHz without
Commission authorization.
2. On March 31, 2003, the Commission's Tampa, Florida
Field Office (``Tampa Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of $10,000 to
Mr. Brown.2 Mr. Brown has not filed a response to the NAL.
Based on the information before us, we affirm the 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 Mr. Brown IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $10,000 for willfully
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 Rules 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.5
Payment shall 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. 200332700018, and FRN 0007-9511-06. 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. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Everald Oliver Brown., 2409 North Hastings
Street, Orlando, Florida 32808-4320.
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.
200332700018 (Enf. Bur., Tampa Office, released March 31, 2003).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.