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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                                
                                                             
                            )                                
     In the Matter of           File No: EB-10-TP-0077       
                            )                                
     Fritzner Lindor            NAL/Acct. No.: 201132700007  
                            )                                
     Orange Park, Florida       FRN: 0020856266              
                            )                                
                                                             
                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 16, 2011 Released: May 16, 2011

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Fritzner Lindor ("Mr. Lindor"), 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 94.7 MHz in Orange Park, Florida. We conclude that Mr.
       Lindor is apparently liable for a forfeiture in the amount of fifteen
       thousand dollars ($15,000).

   II. BACKGROUND

    2. On June 8 and 9, 2010, agents from the Enforcement Bureau's Tampa
       Office ("Tampa Office"), in response to a complaint, used
       direction-finding techniques to locate the source of radio frequency
       transmissions on the frequency 94.7 MHz to Mr. Lindor's residence in
       Orange Park, Florida. On both days the agents determined that the
       signals being broadcast exceeded the limits for operation under Part
       15 of the Commission's rules ("Rules") and therefore required a
       license. A review of Commission records shows that Mr. Lindor does not
       hold any authorization to broadcast on any frequency in Orange Park,
       Florida.

    3. On June 10, 2010, agents from the Tampa Office inspected the
       unauthorized broadcast station in Mr. Lindor's residence while it was
       on the air. During the inspection, Mr. Lindor admitted to purchasing
       the station's transmitter and operating the station without a license.
       Mr. Lindor also stated that he had been involved in broadcasting for
       about 19 years and knew that his actions violated the Act.

   III. DISCUSSION

    4. 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) 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.

    5. Section 301 of the Act requires 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. On June 8, 9, and 10,
       2010, agents from the Tampa Office determined that an unlicensed radio
       station was operating on the frequency 94.7 MHz from Mr. Lindor's
       residence in Orange Park, Florida. A review of the Commission's
       records revealed that Mr. Lindor did not have a license to operate a
       radio station on this frequency at this location. During the
       Commission's inspection, Mr. Lindor also admitted to operating an
       unlicensed radio station with knowledge that such operation violated
       the Act and the Rules. Because Mr. Lindor consciously operated a
       station, we find the apparent violation willful. Because the operation
       occurred on more than one day, we find that the apparent violation was
       repeated. Based on the evidence before us, we find that on June 8, 9,
       and 10, 2010, Mr. Lindor apparently willfully and repeatedly violated
       section 301 of the Act by operating radio transmission equipment
       without the required Commission authorization.

    6. 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, any history
       of prior offenses, ability to pay, and other such matters as justice
       may require. In this regard, we take into account the fact that Mr.
       Lindor knew that his actions violated the Act, yet he still engaged in
       the conduct, thereby demonstrating a deliberate disregard for the
       Commission's requirements. Based of the evidence before us, we find
       that an upward adjustment of $5,000 is warranted. Applying the
       Forfeiture Policy Statement, section 1.80 of the Rules, and the
       statutory factors to the instant case, we conclude that Mr. Lindor is
       apparently liable for a $15,000 forfeiture.

   IV. ORDERING CLAUSES

    7. 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 of the Commission's rules, Fritzner Lindor is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of fifteen thousand dollars ($15,000) for violations of section
       301 of the Act.

    8. 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, Fritzner Lindor SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. 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
       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.   For questions about payment, contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Fritzner Lindor shall also send an email
       notification to  SCR-Response@fcc.gov  on the date said payment is
       made.

   10. 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, if
       any, shall be mailed to Federal Communications Commission, Enforcement
       Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd.,
       Suite 425, Tampa, Florida 33607, and must include the NAL/Acct. No.
       referenced in the caption. The written statement shall also be emailed
       to SCR-Response@fcc.gov.

   11. 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.

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

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director,

   Tampa Office

   Southeast Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   On June 8 and 10, 2010, the agents from the Tampa Office observed an
   antenna mounted to a tree in Mr. Lindor's yard and traced a coaxial cable
   from the antenna into his residence.

   Part 15 of the Rules sets out the conditions and technical requirements
   under which certain radio transmission devices may be used without a
   license. In relevant part, 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.

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

   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, e.g., 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).

   See Robert Brown, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd
   13740 (Enf. Bur. 2010); Loyd Morris, Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 13736 (Enf. Bur. 2010).

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-861

                                       2

   Federal Communications Commission DA 11 -861