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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                               )                                
                                                                
                               )                                
     In the Matter of              File No.: EB-11-TP-0132      
                               )                                
     Albert R. Knighten, Jr.       NAL/Acct. No.: 201232700004  
                               )                                
     Fort Myers, Florida           FRN: 0021817952              
                               )                                
                                                                
                               )                                


                                FORFEITURE ORDER

   Adopted: August 21, 2012 Released: August 21, 2012

   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 one thousand two hundred dollars ($1,200) to Albert R.
       Knighten, Jr. for willfully and repeatedly violating Section 301 of
       the Communications Act of 1934, as amended (Act). The noted violations
       involved Mr. Knighten's operation of an unlicensed radio transmitter
       on the frequency 107.5 MHz from his residence in Fort Myers, Florida.

   II. BACKGROUND

    2. On June 5, 2012, the Enforcement Bureau's Tampa Office (Tampa Office)
       issued a Notice of Apparent Liability for Forfeiture  (NAL)  to Mr.
       Knighten for operation of an unlicensed radio station. In response to
       the NAL, Mr. Knighten admitted to, and apologized for, the violation,
       but nonetheless urged cancellation or reduction of the proposed
       $15,000 forfeiture, asserting that his "financial situation cannot
       sustain the amount of [the] fine levied."

   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.
       Knighten's response, Section 503(b)(2)(E) 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. Knighten's response in light of these statutory
       factors, and find that a reduction of the forfeiture is warranted
       based solely on his inability to pay claim.

    4. We affirm the NAL's finding that Mr. Knighten violated 301 of the Act.
       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. As
       reflected in the NAL, in 2011, Mr. Knighten purchased, installed, and
       operated an unlicensed radio station on the frequency 107.5 MHz from
       his residence in Fort Myers, Florida. Because Mr. Knighten does not
       dispute the factual findings in the NAL, we conclude that Mr. Knighten
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment without the required Commission
       authorization.

    5. In response to the NAL, Mr. Knighten nonetheless requests cancellation
       or reduction of the $15,000 forfeiture based on his inability to pay.
       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 provided by Mr. Knighten, we find sufficient basis
       to reduce the forfeiture to $1,200. However, we caution Mr. Knighten
       that a party's inability to pay is only one factor in our forfeiture
       calculation analysis, and is not dispositive. We have previously
       rejected inability to pay claims in cases of repeated or otherwise
       egregious violations. Therefore, future violations of this kind may
       result in significantly higher forfeitures that may not be reduced due
       to Mr. Knighten's financial circumstances.

   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, Albert R.
       Knighten, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one
       thousand two hundred dollars ($1,200) 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 after the
       release date of this Forfeiture Order.  If the forfeiture is not paid
       within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.  Albert R. Knighten, Jr. shall send
       electronic notification of payment to SCR-Response@fcc.gov on the date
       said payment is made. The payment must be made by check or similar
       instrument, wire transfer, or credit card, and must include the
       NAL/Account number and FRN referenced above. Regardless of the form of
       payment, a completed FCC Form 159 (Remittance Advice) must be
       submitted. When completing the FCC Form 159, enter the Account Number
       in block number 23A (call sign/other ID) and enter the letters "FORF"
       in block number 24A (payment type code).   Below are additional
       instructions you should follow based on the form of payment you
       select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   8. Any request for full payment under an installment plan should be sent
   to:  Chief Financial Officer-Financial Operations, Federal Communications
   Commission, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
   20554.  If you have questions regarding payment procedures, please contact
   the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

   9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class and Certified Mail, Return Receipt Requested, to Albert R.
   Knighten, Jr. to his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   Albert R. Knighten, Jr., Notice of Apparent Liability for Forfeiture, 27
   FCC Rcd 6073 (Enf. Bur. 2012). A comprehensive recitation of the facts and
   history of this case can be found in the NAL and is incorporated herein by
   reference.

   Letter from Albert R. Knighten to Ralph Barlow, District Director, Tampa
   Office, South Central Region, Enforcement Bureau, at 1 (filed July 12,
   2012, in EB-TP-0132).

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

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

   See NAL, supra note 2.

   47 U.S.C. S: 301.

   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).

   This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 10.

   See 47 U.S.C. S: 503(b)(2)(E) (requiring Commission to 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 such other matters as justice may require).

   Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur., Western
   Region 2011) (holding that violator's repeated acts of malicious and
   intentional interference outweigh evidence concerning his ability to pay)
   (petition for reconsideration pending); Hodson Broadcasting Corp.,
   Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009) (holding that
   permittee's continued operation at variance with its construction permit
   constituted an intentional and continuous violation, which outweighed
   permittee's evidence concerning its ability to pay the proposed
   forfeitures).

   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 C.F.R. S: 1.80.

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

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   Federal Communications Commission DA 12-1366

   3

   Federal Communications Commission DA 12-1366