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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                               
                                                            
                            )                               
                                                            
     In the Matter of       )   File Number: EB-09-MA-0089  
                                                            
     Christopher M. Myers   )   NAL/Acct. No: 201032600003  
                                                            
     Lauderhill, Florida    )   FRN: 0020022315             
                                                            
                            )                               
                                                            
                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 8, 2010 Released: July 12, 2010

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Christopher M. Myers ("Mr. Myers") apparently willfully and
       repeatedly violated Section 301 of the Communications Act of 1934, as
       amended ("Act"), by operating an unlicensed radio transmitter on the
       frequency 95.9 MHz in Lauderhill, Florida. We conclude, pursuant to
       Section 503(b) of the Act, that Mr. Myers is apparently liable for a
       forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On August 14, 2008, the Enforcement Bureau's Miami Office ("Miami
       Office") issued a Notice of Unlicensed Operation ("NOUO") to Mr. Myers
       for operating an FM broadcast station on the frequency 91.7 MHz from
       his residence in a condominium building in Lauderhill, Florida without
       a license. The NOUO warned him that unlicensed operation of a radio
       station violated the Act and the Commission's Rules, and that
       continued operation could subject Mr. Myers to further enforcement
       action. The Miami Office received the return receipt for the NOUO,
       which was signed by Mr. Myers.

    3. On July 21, 2009, in response to a complaint that Mr. Myers was
       operating an unlicensed station at his residence in Lauderhill,
       Florida, agents from the Miami Office used direction-finding
       techniques to locate the source of broadcast transmissions on the
       frequency 95.9 MHz to a residential condominium building in
       Lauderhill, Florida - the same building from which Mr. Myers
       previously operated an unlicensed radio station on 91.7 MHz. The
       agents took field strength measurements and determined that the
       signals being broadcast exceeded the limits allowed for operation
       under Part 15 of the Commission's Rules ("Rules"), and therefore
       required a license. A review of the  Commission's records revealed
       that Mr. Myers did not have a license for the operation of a radio
       station on the frequency 95.9 MHz in Lauderhill, Florida.

    4. After receiving another complaint about an unlicensed station on
       frequency 95.9 MHz in Lauderhill, Florida, agents from the Miami
       Office used direction-finding techniques on February 4, 2010 and again
       on March 7, 2010 to locate the source of broadcast transmissions on
       95.9 MHz. The agents found the source of the broadcast transmissions
       in the same condominium building in Lauderhill, Florida, previously
       identified in August 2008 and July 2009. The agents took field
       strength measurements and determined that the signals being broadcast
       on each of these dates exceeded the limits allowed for operation under
       Part 15 of the Rules and therefore required a license.  A review of
       the Commission's records again revealed that Mr. Myers did not have a
       license for the operation of a radio station on the frequency 95.9 MHz
       in Lauderhill, Florida.

    5. Moreover, on March 7, 2010, the agents from the Miami Office inspected
       the unlicensed station, which was located in a condominium unit owned
       by Mr. Myers. The agents observed a coaxial cable that connected a
       roof-mounted antenna on the condominium building to an FM radio
       transmitter operating on the frequency 95.9 MHz located inside Mr.
       Myers's condominium unit. The agents also observed that Mr. Myers was
       the only person present inside his unit at the time of the
       Commission's inspection.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    7. Section 301 of the Act states that no person shall use or operate any
       apparatus for the transmission of energy or communications or signals
       by radio within the United States except under and in accordance with
       the Act and with a license granted under the provisions of the Act. In
       the NOUO issued on August 14, 2008, the Commission first warned Mr.
       Myers that his operation of an unlicensed radio station violated the
       Act and continued operation could subject him to further enforcement
       action, including substantial monetary fines. Mr. Myers acknowledged
       receipt of the NOUO, but on three subsequent dates - July 21, 2009,
       February 4, 2010, and March 7, 2010 - agents from the Miami Office
       determined that an unlicensed radio station was operating on the
       frequency 95.9 MHz from Mr. Myers's residence in Lauderhill, Florida.
       Also, during an inspection on March 7, 2010, agents observed a coaxial
       cable that connected a roof-mounted antenna on the condominium
       building to an FM radio transmitter operating on the frequency 95.9
       MHz located inside a condominium unit owned by Mr. Myers. Mr. Myers
       was the only person present inside the unit at the time of inspection.
       In addition, a review of the Commission's records revealed that Mr.
       Myers did not have a license to operate a radio station on the
       frequency 95.9 MHz in Lauderhill, Florida. Based on the facts and
       circumstances described above, we find that the apparent violation was
       willful. Moreover, because agents observed Mr. Myers's unlicensed
       operation on three separate occasions (all of which occurred after Mr.
       Myers received the NOUO), we find that the apparent violation was
       repeated.

    8. Based on the evidence before us, we find that Mr. Myers apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment on the frequency 95.9 MHz in Lauderhill,
       Florida on July 21, 2009, February 4, 2010, and March 7, 2010, without
       a Commission authorization.

    9. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operation without an
       instrument of authorization is $10,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in Section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Mr. Myers is apparently liable for a forfeiture in the amount of
       $10,000.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314, and 1.80 of the Commission's Rules, Christopher M. Myers is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Section 301
       of the Act.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Christopher M. Myers
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Mr. Myers shall also send electronic notification
       to  SCR-Response@fcc.gov  on the date said payment is made.

   13. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       South Central Region, Miami Office, PO Box 520617, Miami, FL 33152,
       and must include the NAL/Acct. No. referenced in the caption. The
       statement should also be emailed to SCR-Response@fcc.gov.

   14. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Christopher M. Myers at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   Section 15.239 of the Rules provides that non-licensed broadcasting in the
   88-108 MHz band is permitted only if the field strength of the
   transmission does not exceed 250 mV/m at three meters. 47 C.F.R. S:
   15.239. The measurements made on July 21, 2009, indicated that the signal
   was 3,784 times greater than the maximum permissible level for a
   non-licensed Part 15 transmitter.

   The measurements made on February 4, 2010 and March 7, 2010 indicated that
   the signals were, respectively, 348 and 2,756 times greater than the
   maximum permissible level for a non-licensed Part 15 transmitter.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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', when used with reference to the
   commission or omission of any act, 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.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7 FCC
   Rcd 3454 (1992).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 U.S.C. S: 301.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-1274

                                       4

   Federal Communications Commission DA 10-1274