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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                
                                                                 
                                )                                
     In the Matter of               File No.: EB-11-MA-0009      
                                )                                
     Neal Davis                     NAL/Acct. No.: 201232600001  
                                )                                
     Fort Lauderdale, Florida       FRN: 0021223367              
                                )                                
                                                                 
                                )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted: September 28, 2012 Released: September 28, 2012

   By the Chief, Enforcement Bureau:

    1. In this Memorandum Opinion and Order, issued pursuant to Section 405
       of the Communications Act of 1934, as amended (Act), and Section 1.106
       of the Commission's rules (Rules), we deny the petition for
       reconsideration (Petition)  filed by Neal Davis. Mr. Davis seeks
       reconsideration of the Forfeiture Order issued by the Enforcement
       Bureau's South Central Region in this proceeding. The Forfeiture Order
       imposed a monetary forfeiture in the amount of ten thousand dollars
       ($10,000) against Mr. Davis for willfully and repeatedly violating
       Section 301 of the Act, by operating an unlicensed radio broadcast
       station on the frequency 96.1 MHz in Fort Lauderdale, Florida.

    2. In his Petition, Mr. Davis does not deny that he operated an
       unlicensed radio station in Fort Lauderdale and, therefore, violated
       Section 301. Rather, Mr. Davis urges cancellation of the forfeiture
       based on an inability to pay claim. Specifically, Mr. Davis asserts
       that he is currently unemployed and has no income.

    3. With respect to a claim of financial hardship, the Commission will not
       consider reducing or canceling a forfeiture in response to inability
       to pay, unless the individual or entity making the request submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting principles (GAAP); or (3) some other reliable and objective
       documentation that accurately reflects the individual's or entity'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. Further, in general, an
       individual's or entity's gross revenues are the best indicator of its
       ability to pay a forfeiture. Mr. Davis, however, has not provided any
       financial or other documentation to support or corroborate his
       asserted financial status. In the absence of any supporting financial
       or other reliable documentation, we simply have no basis by which to
       evaluate Mr. Davis's inability to pay claim and are constrained by the
       limited record before us. We therefore deny the Petition and affirm
       the Forfeiture Order.

    4. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Act, and
       Section 1.106 of the Rules, that the petition for reconsideration
       filed by Neal Davis IS DENIED.

    5. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Neal Davis IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
       ($10,000) for violations of Section 301 of the Act.

    6. 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 Memorandum Opinion and 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.  Neal Davis 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. 

    7. 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. 

    8. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
       sent by both First Class Mail and Certified Mail, Return Receipt
       Requested, to Neal Davis at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   See Letter from Neal Davis to Federal Communications Commissioner (Dec.
   15, 2011) (on file in EB-11-MA-0009) (Petition)

   See Neal Davis, Forfeiture Order, 26 FCC Rcd 16424 (Enf. Bur. 2011)
   (Forfeiture Order), aff'g, Notice of Apparent Liability, 26 FCC Rcd 14375
   (Enf. Bur. 2011) (NAL). After the NAL was issued, Mr. Davis did not pay
   the forfeiture or file a response. Thereafter, the Bureau issued the
   Forfeiture Order.

   47 U.S.C. S: 301.

   See Petition, supra note 3.

   Id. at 1. In addition, Mr. Davis claims to be "homeless." Id. We cannot
   confirm the veracity of his claim or otherwise discern his exact personal
   circumstances (e.g., if he is asserting that he is "homeless" because he
   does not own his own home, but instead is renting an apartment unit or
   living with a family member or a friend), especially in view of official
   records reflecting a residential address for him. Further, we note that
   service of the NAL and Forfeiture Order were sent to Mr. Davis's
   residential address of record by both first class mail and certified mail,
   return receipt requested, and Mr. Davis does not dispute that proper
   service was completed.

   NAL, 26 FCC Rcd at 14378, para. 11. See Greenwood Acres Baptist Church,
   Memorandum Opinion and Order, 22 FCC Rcd 1442, 1448, para. 20 (specifying
   same).

   Id.

   See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
   FCC Rcd 2088, 2089 (Enf. Bur. 1992); Local Long Distance, Inc., Order of
   Forfeiture, 15 FCC Rcd 24385 (Enf. Bur. 2000); Hoosier Broadcasting
   Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (Enf. Bur.
   2002). See also 47 C.F.R. 1.80(f)(3).

   After Mr. Davis filed his Petition, the Bureau's Miami Office sent two
   letters to Mr. Davis, requesting documentation of his gross revenues. See
   Letter from Stephanie Dabkowski, Resident Agent, Miami Office, to Neal
   Davis (May 3, 2012) (on file in EB-11-MA-0009); Letter from Stephanie
   Dabkowski, Resident Agent, Miami Office, to Neal Davis (June 13, 2012) (on
   file in EB-11-MA-0009). To date, Mr. Davis has not responded.

   See, e.g., Bureau D'Electronique Appliquee, Inc., Forfeiture Order, 20 FCC
   Rcd 17893 (Enf. Bur. 2005) (denying inability to pay claim because company
   failed to provide supporting financial documentation).

   See 47 U.S.C. S: 405.

   See 47 C.F.R. S: 1.106.

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

   47 U.S.C. S: 301.

   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 12-1534

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   Federal Communications Commission DA 12-1534