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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


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     In the Matter of               File No.: EB-10-MA-0048      
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     Whisler Fleurinor              NAL/Acct. No.: 201132600002  
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     Fort Lauderdale, Florida       FRN: 0020655106              
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                                FORFEITURE ORDER

   Adopted: October 20, 2011 Released: October 20, 2011

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of five hundred dollars ($500) to Whisler Fleurinor (Mr.
       Fleurinor) for willful and repeated violation of section 301 of the
       Communications Act of 1934, as amended (Act). The noted violations
       involved Mr. Fleurinor's operation of an unlicensed radio transmitter
       on the frequency 99.5 MHz from his commercial property in Fort
       Lauderdale, Florida.

   II. BACKGROUND

    2. On March 4, 2011, the Enforcement Bureau's Miami Office (Miami Office)
       issued a Notice of Apparent Liability for Forfeiture  (NAL)  to Mr.
       Fleurinor for his operation of an unlicensed radio transmitter without
       the requisite Commission authorization. As discussed in detail in the
       NAL, agents from the Miami Office determined that Mr. Fleurinor
       operated an unlicensed radio station on the frequency 99.5 MHz from
       his commercial property on three separate occasions. In view of the
       record evidence and the fact that he operated an unlicensed station
       after the receipt of two Notices of Unlicensed Operation, the NAL
       proposed a forfeiture against Mr. Fleurinor for violation of section
       301 of the Act. Mr. Fleurinor submitted a response to the NAL
       requesting cancellation of the proposed forfeiture, asserting the
       forfeiture "would create an impossible burden for Mr. Fleurinor to
       bear or satisfy."

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with section 503(b) of the Act, section 1.80 of the Commission's rules
       ("Rules"), and the Forfeiture Policy Statement. In examining Mr.
       Fleurinor'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. As discussed below, we have
       considered Mr. Fleurinor's response in light of these statutory
       factors, and we reduce the forfeiture to $500 based solely on his
       documented inability to pay.

    4. As set forth in the NAL, agents from the Miami Office determined that
       Mr. Fleurinor operated an unlicensed station on the frequency 99.5 MHz
       on March 16, August 24, and August 31, 2010. In his response to the
       NAL, Mr. Fleurinor does not deny any of these facts. Accordingly, we
       find that Mr. Fleurinor willfully and repeatedly violated section 301
       of the Act by operating an unlicensed radio transmitter.

    5. With regard to an individual or entity's inability to pay claim, the
       Commission has determined that, in general, gross revenues are the
       best indicator of an ability to pay a forfeiture. Based on the
       financial documents and other materials provided by Mr. Fleurinor, we
       find insufficient basis to grant his request for cancellation of the
       forfeiture. In this regard, the information provided by Mr. Fleurinor
       does not support cancellation of the forfeiture amount, because the
       forfeiture amount does not exceed Mr. Fleurinor's average gross
       revenues for the years covered by the financial documents. We do,
       however, find sufficient basis to reduce the forfeiture to $500 based
       on the financial documentation Mr. Fleurinor submitted.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Whisler
       Fleurinor IS LIABLE FOR A MONETARY FORFEITURE in the amount of five
       hundred dollars ($500) for violations of section 301 of the Act.

    7. Payment of the forfeiture shall be made in the manner provided for in
       section 1.80 of the Rules within thirty (30) calendar 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
       enforcement 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/Account Number and FRN 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.   Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov  with any questions
       regarding payment procedures. Mr. Fleurinor shall also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.

    8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail Return Receipt Requested to Whisler
       Fleurinor at his address of record and to his attorney, Lewis H.
       Goldman, P.C., 45 Dudley Court, Bethesda, MD 20814.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   Whisler Fleurinor, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
   2478 (Enf. Bur. 2011).

   Id. A comprehensive recitation of the facts and history of this case can
   be found in the NAL and is incorporated herein by reference.

   Id. at 2480.

   Letter from Lewis H. Goldman, P.C., attorney for Mr. Fleurinor, to Diane
   Law-Hsu, Regional Counsel, South Central Region, Enforcement Bureau, dated
   August 2, 2011 at 1.

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

   47 C.F.R. S: 1.80.

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

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

   NAL at 2478-2479.

   See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   See Lancaster Educational Broadcasting Foundation, Forfeiture Order, 24
   FCC Rcd 9013, 9015 (Enf. Bur. Investigations & Hearings Div. 2009)
   (denying request for cancellation of proposed forfeiture based on
   inability to pay claim because licensee's gross revenues exceeded proposed
   forfeiture amount).

   This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 11. If Mr.
   Fleurinor believes that paying this amount still presents financial
   difficulties, we note that he could always pursue an installment payment
   plan to lessen the immediate impact of the forfeiture.

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4).

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

   Federal Communications Commission DA 11-1743

   3

   Federal Communications Commission DA 11-1743