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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Everald Oliver Brown ) File No. EB-02-TP-575

   Orlando, Florida ) NAL/Acct. No. 200332700018

   ) FRN: 0007-9511-06

                          MEMORANDUM OPINION AND ORDER

   Adopted: January 24, 2007  Released: January 26, 2007

   By the Assistant Chief, Enforcement Bureau:

   I. INTRODUCTION

   1. In this Memorandum  Opinion and Order ("Order"), we grant in part and
   deny in part

   a petition for reconsideration ("petition") filed by Mr. Everald Oliver
   Brown ("Mr. Brown") on

   December 6, 2004. Mr. Brown seeks reconsideration of a Memorandum Opinion
   and Order (MO&O)  in which the Enforcement Bureau ("Bureau") denied Mr.
   Brown's previous petition for reconsideration of a Bureau Forfeiture
   Order, which found Mr. Brown liable for a monetary forfeiture in the
   amount of ten thousand dollars ($10,000) for willful violation of Section
   301 of the Communications Act of 1934, as amended ("Act"). The noted
   violation involves Mr. Brown's operation of an unlicensed FM broadcast
   station on the frequency 95.9 MHz in the Orlando, Florida area. For the
   reasons discussed below, we reduce the forfeiture amount to six hundred
   dollars ($600).

   II.  BACKGROUND

   2. On March 31, 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. Brown for
   the apparent willful violation of Section 301 of the Act based on
   observations by the Tampa Office that Mr. Brown was operating an
   unlicensed FM broadcast station as referenced above. Mr. Brown did not
   file a response to the NAL, and on July 22, 2003, the Bureau released a
   Forfeiture Order finding Mr. Brown liable for a $10,000 monetary
   forfeiture for willful violation of Section 301 of the Act. Mr. Brown
   filed a petition for reconsideration of the Forfeiture Order stating that
   he failed to respond to the NAL because he believed it was a warning
   notice. In addition, he asserted that he had no prior knowledge of the
   Commission's rules and regulations and was unaware that his broadcast
   operations were illegal. Further, Mr. Brown contended that he "neither
   owned [n]or normally operated" the station. Finally, Mr. Brown indicated
   that he would provide documentation which would demonstrate his inability
   to pay the forfeiture amount.

   3. The Bureau reviewed Mr. Brown's petition for reconsideration and found
   his arguments to be without merit. The Bureau also declined to cancel or
   reduce the forfeiture amount because

   Mr. Brown failed to provide financial documentation to support his claim
   of inability to pay. On November 5, 2004, the Bureau issued a Memorandum
   Opinion and Order  denying Mr. Brown's petition for reconsideration and
   affirming the Forfeiture Order.

   4. In his current petition, Mr. Brown does not dispute our finding that he
   committed the violation referenced above. He does contend, however, that
   his actions were not willful and that once warned of the violation, he
   ceased broadcast operations of the station. In addition, Mr. Brown
   maintains that he "will not ever violate [the] FCC's rules and regulations
   again." He requests cancellation of the forfeiture and has provided
   documentation to support his claim of financial hardship.

   III. DISCUSSION

   5. The willfulness of Mr. Brown's actions was previously discussed in the
   Bureau's MO&O. He has raised no new arguments for us to address herein. We
   also find no reason to cancel the forfeiture based on Mr. Brown's decision
   to discontinue the station's operation. We have, however, examined the
   financial documentation submitted with Mr. Brown's petition and will
   reconsider the forfeiture amount pursuant to the statutory factors
   prescribed by Section 503(b) of the Act , Section 1.80(b)(4) of the Rules,
   and The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines. In analyzing a
   financial hardship claim, the Commission generally has looked to gross
   revenues as a reasonable and appropriate yardstick in determining whether
   a licensee is able to pay the assessed forfeiture. While we find that Mr.
   Brown willfully violated Section 301 of the Act, based upon his inability
   to pay, we conclude that pursuant to Section 503(b) of the Act and the
   Forfeiture Policy Statement  that reduction of the $10,000 forfeiture to
   $600 is warranted.

   IV. ORDERING CLAUSES

   6. Accordingly, IT IS ORDERED that, pursuant to Sections 405 of the Act
   and Sections 1.80(i) and 1.106 of the Rules, the December 6, 2004 petition
   for reconsideration filed by Mr. Everald Oliver Brown IS GRANTED TO THE
   EXTENT INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS.

   7.  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. Payment of the forfeiture must be made by check or
   similar instrument, payable to the order of the Federal Communications
   Commission.  The payment must include the NAL/Acct. No. and FRN No.
   referenced above.  Payment by check or money order may be mailed to
   Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
   15251-8340.  Payment by overnight mail may be sent to Mellon
   Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.
   Payment by wire transfer may be made to ABA Number 043000261, receiving
   bank Mellon Bank, and account number 911-6106. Requests for full payment
   under an installment plan should be sent to: Associate Managing Director -
   Financial Operations, 445 12^th Street, SW, Room 1-A625, Washington, D.C.
   20554.

   8. IT IS FURTHERED ORDERED that a copy of this Order shall be sent by
   first class and certified mail, return receipt requested, to the address
   of record for Mr. Everald Oliver Brown.

                       FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Assistant Bureau Chief

   Enforcement Bureau

   Everald Oliver Brown, 19 FCC Rcd 21983 (Enf. Bur. 2004)("MO&O").

   Everald Oliver Brown, 18 FCC Rcd 15188 (Enf. Bur. 2003)("Forfeiture
   Order").

   47 U.S.C. S 301.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332700018
   (Enf. Bur., Tampa Office, released March 31, 2003).

   Everald Oliver Brown, 19 FCC Rcd at 21984 (the term willful, in the
   context of violations for which forfeitures are assessed is the conscious
   and deliberate commission or omission of such act, irrespective of any
   intent to violate any provision of the Act or any rule or regulation of
   the Commission).

   AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21875 (2002); Seawest
   Yacht Brokers, 9 FCC Rcd 6099 (1994) (corrective action taken to comply
   with the rules is expected, and does not mitigate any prior forfeitures or
   violations); Odino Joseph, 18 FCC Rcd 16522, 16524 (Enf. Bur. 2003)
   (remedial action taken to terminate unauthorized broadcast operations is
   not a mitigating factor).

   47 U.S.C. S 503(b).

   47 C.F.R. S 1.80(b)(4).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).

   See Local Long Distance, Inc., 16 FCC Rcd at 10025 (forfeiture not deemed
   excessive where it represented approximately 7.9 percent of the violator's
   gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640, 8641
   (Enf. Bur. 2002) (forfeiture not deemed excessive where it represented
   approximately 7.6 percent of the violator's gross revenues); Alpha
   Ambulance,  Inc., FCC 04-19, 2, n.15 (February 5, 2004), citing PJB
   Communications, 7 FCC Rcd at 2089 (forfeiture not deemed excessive where
   it represented approximately 2.02 percent of the violator's gross
   revenues).

   47 U.S.C. S 405.

   47 C.F.R. 1.80(i) and 1.106.

   47 U.S.C. S 504(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission  DA 07-192

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   Federal Communications Commission DA 07-192