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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )   File No: EB-10-MA-0122      
     Judith V. Smith, formerly known as                                      
     Judith McFarlane                        )   NAL/Acct. No: 201132600006  
                                                                             
     Miami, Florida                          )   FRN: 0020863734             
                                                                             
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

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

   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 Judith V. Smith, formerly known as Judith V. McFarlane ("Ms.
       Smith"), apparently willfully violated sections 301 and 303(n) of the
       Communications Act of 1934, as amended ("Act"), by operating an
       unlicensed radio transmitter and by refusing to allow inspection of
       the radio installation located in her residence in Miami, Florida. We
       conclude that Ms. Smith is apparently liable for a forfeiture in the
       amount of twenty-two  thousand dollars ($22,000).

   II. BACKGROUND

    2. On June 27, 2010, agents from the Enforcement Bureau's Miami Office
       ("Miami Office") used direction-finding techniques to locate the
       source of radio frequency transmissions on the frequency 95.9 MHz to a
       radio station operating from Ms. Smith's residence in Miami, FL. The
       agents monitored the transmissions on 95.9 MHz and heard the station
       identify itself as "Gospel Reggae FM." According to publicly available
       Florida corporation records, Ms. Smith is the owner of a business
       called "Gospel Reggae FM.com" that has a mailing address matching Ms.
       Smith's residence in Miami, FL. The agents determined that the signals
       from Ms. Smith's residence exceeded the limits for operation under
       Part 15 of the Commission's rules and therefore required a license. A
       review of the Commission's records showed no authorization issued to
       Ms. Smith, or to anyone for operation of an FM broadcast station on
       this frequency, at or near this address.

    3. Also, on June 27, 2010, the agents knocked on the door of the
       residence and requested to inspect the radio station located on the
       premises. The individual who answered the door acknowledged that she
       was the owner and occupant of the residence and identified herself as
       Judith McFarlane. However, Ms Smith refused the agents' request to
       inspect. She then closed the door and left for several minutes, during
       which time the agents observed that the radio station on 95.9 MHz
       ceased operation.

   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) 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.

    5. 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. On
       June 27, 2010, Ms. Smith operated an unlicensed radio station on the
       frequency 95.9 MHz from her residence in Miami, FL. A review of the
       Commission's records revealed that Ms. Smith did not have a license to
       operate a radio station at this location. Because Ms. Smith knowingly
       operated the station, we find the apparent violation willful. Based on
       the evidence before us, we find that on June 27, 2010, Ms. Smith
       apparently willfully violated section 301 of the Act by operating
       radio transmission equipment without the required Commission
       authorization.

    6. Section 303(n) of the Act states that the Commission has authority to
       inspect radio installations associated with stations required to be
       licensed or authorized by the Act. On June 27, 2010, Ms. Smith refused
       an official request by Commission agents to inspect the radio
       installation located in her residence. Because Ms. Smith explicitly
       refused a reasonable and duly made request by Commission agents, we
       find the apparent violation willful. Based on the evidence before us,
       we find that on June 27, 2010, Ms. Smith apparently willfully violated
       section 303(n) of the Act by refusing an official and duly made
       request by Commission agents to inspect the radio installation located
       inside her residence while the station was in operation.

    7. 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, and for refusing to allow
       inspection is $7,000. 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.
       Consequently, the $10,000 base forfeiture amount is subject to
       adjustment. Commission records show that the Miami Office previously
       issued a Notice of Unlicensed Operation ("NOUO") to Ms. Smith, then
       using the name Judith McFarlane, for operation of an unlicensed
       station on the same frequency at the same location. The fact that Ms.
       Smith continued to operate after being put on notice that her
       unlicensed operation contravened the Act, the Commission's rules, and
       related Commission orders demonstrates a deliberate disregard for the
       Commission's requirements. Based on the evidence before us, we find
       that an upward adjustment is warranted and so increase the forfeiture
       amount for the violation of section 301 of the Act from $10,000 to
       $15,000. Applying the Forfeiture Policy Statement, section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Ms. Smith is apparently liable for a forfeiture in the amount of
       $22,000.

   IV. ORDERING CLAUSES

    8. 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, Judith V. Smith is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twenty-two thousand dollars ($22,000) for violation of
       sections 301 and 303(n) of the Act.

    9. 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, Judith V. Smith SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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. Also, Judith V. Smith shall send an email
       notification to  SCR-Response@fcc.gov  on the date said payment is
       made.

   11. 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 Commission's rules. The written
       statement, if any, 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 written statement shall also be emailed
       to SCR-Response@fcc.gov.

   12. 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.

   13. 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 Judith V. Smith at her address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   Judith V. Smith is Judith V. McFarlane's married name.

   47 U.S.C. S:S: 301, 303(n).

   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.

   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.

   47 U.S.C. S: 303(n).

   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).

   JudithV. Smith, Notice of Unlicensed Operation (Enf. Bur., Miami Office,
   rel. Dec. 19, 2008).

   See Nounoune Lubin, Notice of Apparent Liability for Forfeiture, 25 FCC
   Rcd 12654 (Enf. Bur. 2010) (upwardly adjusting the base amount by $10,000
   because violator operated an unlicensed radio station on multiple days
   with full knowledge that such action violated the rules).

   47 U.S.C. S:S: 301, 303(n), 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 -871

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   Federal Communications Commission DA 11 -871