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

In the matter of                 )
Gabriel Dorcely                  )    File Number EB-02-TP-393
833 Midland Court                )
Orange Park, Florida 32065       )    NAL/Acct. No. 200332700009
                                )    FRN 0004931531

                        FORFEITURE ORDER

   Adopted:  May 6, 2004                           Released:   
May 10, 2004

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order'')  we  issue   a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) to Mr.  Gabriel Dorcely (``Mr.  Dorcely'') for  willful 
violation of Section 301  of the Communications  Act of 1934,  as 
amended (``Act'').1  The noted  violation involves Mr.  Dorcely's 
operation of a radio station without Commission authorization.

     2.   On December 2,  2002, the  Commission's Tampa,  Florida 
Field Office  (``Tampa  Office'')  issued a  Notice  of  Apparent 
Liability  for  Forfeiture  (``NAL'')   to  Mr.  Dorcely  for   a 
forfeiture in the amount of ten thousand dollars ($10,000).2  Mr. 
Dorcely responded on January 14, 2003, to the NAL.

                         II.  BACKGROUND

     3.   On August 6, 2002, in connection with an  investigation 
of unlicensed  FM broadcast  stations in  Jacksonville,  Florida, 
agents from the Commission's Tampa, Florida Field Office (``Tampa 
Office'')  observed  unidentified  FM  radio  broadcasts  on  the 
frequency  103.9   MHz.   Using   electronic  direction   finding 
techniques,  the  agents  positively  identified  the  source  of 
transmissions to be an antenna mounted  on the roof of an  office 
building located at 112 W. Adams Street in Jacksonville, Florida.  
The agents' investigation  determined that an  antenna cable  ran 
from the roof top antenna into  Suite 1702 of the building.   The 
agents determined through  field strength  measurements that  the 
station's  field  strength  was  3,334  times  greater  than  the 
permissible level for unlicensed low power FM operation.3   Thus, 
this station required a  license to operate.  Commission  records 
showed no  authorization  for  this  operation  in  Jacksonville, 

     4.   Also on  August 6,  2002,  the agents  interviewed  the 
building's lessor, who stated that the lessee of  Suite 1702  was 
Gabriel Dorcely.  The agents then went to Suite 1702 and with Mr. 
Dorcely's permission  and in  his presence,  inspected the  radio 
studio and found an FM  broadcast transmitter in operation.   Mr. 
Dorcely admitted he  was the person  operating the station.   The 
agents also found various  associated audio and studio  equipment 
which Mr. Dorcely admitted owning and operating.  On the same day 
as the  investigation, one  of  the agents  issued a  Warning  of 
Unlicensed Radio Operation to Mr.  Dorcely ordering him to  cease 
operation immediately.  

     5.   Thereafter, on August 15, 2002, Mr. Dorcely phoned  the 
Tampa Field  Office  and spoke  with  the agent  who  issued  the 
Warning  Letter.   Mr.  Dorcely  stated  that  he  had  filed  an 
application for a low power FM (LPFM) broadcast station and  that 
the Commission had  assigned a  FRN number to  him.  Mr.  Dorcely 
stated that  he  assumed the  FCC  would send  him  something  in 
response to his application and claimed that he was just  testing 
the station.  In  an e-mail  to one  of the  agents, Mr.  Dorcely 
``acknowledged the need to have  a proper license.'' Since  there 
currently was no  filing window for  applying for LPFM  stations, 
Mr. Dorcely indicated he would wait until there was one.   

     6.   On December 2, 2002, the Tampa Office issued a NAL  for 
a $10,000 forfeiture to Mr. Gabriel Dorcely for operating a radio 
station without Commission authorization in willful violation  of 
Section 301 of the Act.  In  his January 14, 2003, response,  Mr. 
Dorcely requests  the Commission  take  into account  the  equity 
factors in his  operation such as  the circumstances, the  nature 
and history of prior offenses, his degree of culpability as  well 
as  his  inability  to   pay.   He  submitted  no   documentation 
substantiating an inability to pay.

                      III.      DISCUSSION

     7.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section  503(b) of the Act,4 and  The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd  17087  (1997), recon.  denied,  15 FCC  Rcd  303  (1999) 
``Policy Statement'').   In  examining  Mr.  Dorcely's  response, 
Section 503(b) of the Act requires that the Commission take  into 
account the  nature, circumstances,  extent  and gravity  of  the 
violation and,  with  respect  to the  violator,  the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such matters as justice may require.5 

     8.   Section  301  of  the  Act  prohibits  radio  operation 
``except under and in accordance with this Act and with a license 
in that  behalf  granted under  the  provisions of  this  Act.''6  
Section 15.239 of the Commission Rules permits certain unlicensed 
low powered radio operation, but Mr. Dorcely's operation  greatly 
exceeds the permissible power levels.  Accordingly, a license was 
needed for  the  station's  operation.  Based  on  Mr.  Dorcely's 
admissions and the agents' observations during the inspection, we 
conclude that Mr. Dorcely willfully  violated Section 301 of  the 

     9.   Mr. Dorcely claims a history of overall compliance with 
the Commission's Rules.  However, in  light of the fact that  Mr. 
Dorcely is not a  Commission licensee, we do  not believe he  has 
any history with the Commission  upon which a history of  overall 
compliance cancellation can be based.8 

     10.  Mr. Dorcely's request for  reduction of the  forfeiture 
was not accompanied by his tax returns from 1999 through 2001, or 
any other documentation as set forth in paragraph 10 of the  NAL.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  Accordingly, there is no basis to cancel the assessed 
forfeiture amount due to inability to pay.

     11.  Finally, Mr.  Dorcely requested  that we  consider  the 
circumstances, degree  of  culpability  and  the  nature  of  the 
violation.  After careful and  complete review of those  factors, 
the dispositive  fact  is  that the  record  evidence  shows  Mr. 
Dorcely knew  that a  license was  required for  an LPFM  station 
prior to the date FCC  agents first observed him transmitting  on 
103.9 FM without a license.  He knew he had not received one.  He 
chose to operate without a license.  We reject his argument  that 
he was simply testing the  equipment.  Accordingly, based on  the 
above cited circumstances, we reject his request for mitigation.

                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the  Rules,9  Mr.  Gabriel  Dorcely  IS  LIABLE  FOR  A  MONETARY 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willful violation of  Section 301 of the Act.

     13.  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.10  
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 reference NAL/Acct.  No. 
200332700009 and FRN 0004931531.  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.

     14.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by first class mail and certified mail return receipt  to 
Mr. Gabriel Dorcely, 752 Blanding  blvd., #116, Orange Park,  Fl. 


                         David H. Solomon
Chief, Enforcement Bureau


1 47 U.S.C.  301.
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332700009 (Enf.  Bur.,  Tampa  Office,  released  December  2, 
3 Under Section  15.239 of  the Commission's Rules,  47 C.F.R.   
15.239, the use of an intentional radiator in the 88-108 MHz band 
is permitted only if the field strength of the transmissions does 
not exceed 250 microvolts/meter at three meters. 
4 47 U.S.C.  503(b).
5 47 U.S.C.  503(B)(2)(D).
6 47 U.S.C.  301.
7 Section  312(f)(1) of  the Act,  47 U.S.C.   312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful,' 
... means the conscious and deliberate commission or omission  of 
such act, irrespective of any intent to violate any provision  of 
this Act or any rule  or regulation of the Commission  authorized 
by this Act....''   See Southern California  Broadcasting Co.,  6 
FCC Rcd 4387 (1991).
8 See Odino Joseph, 18 FCC Rcd 16522, 16524 (Enf. Bur. 2003).
9 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
10 47 U.S.C.  504(a).