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 )
)
William Davon Upson ) File No.: EB-00-TP-648
8331 Lake Park Estates Blvd. ) NAL/Acct. No. 200432700001
Orlando, Florida ) FRN 0009617572
)
FORFEITURE ORDER
Adopted: April 13, 2004 Released: April 15, 2004
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 William Davon Upson
(``Mr. Upson'') for willful violation of Section 301
of the Communications Act of 1934, as amended
(``Act'').1 The noted violation involves Mr. Upson
operating a radio station on the frequency of 91.7 MHz
without Commission authorization.
2. On October 9, 2003, the District Director of 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. Upson.2 Mr. Upson 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 William Davon Upson
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. 200432700001 and FRN 0009617572. 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
7. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by first class mail and certified mail return
receipt requested, to William Davon Upson, 8331 Lake Park Estates
Blvd., Orlando, Florida 32818-4804.
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.
200432700001 (Enf. Bur., Tampa Office, released October 9, 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.