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Federal Communications Commission DA 16-1202
Before the
Federal Communications Commission
Washington, DC 20554 
In the Matter of
Michael Dudley
Guntersville, Alabama
  )
  )
  )
  )
  )
                
  File No.: EB-FIELDSCR-16-00021618
1
  NAL/Acct. No.:  201732480002
  FRN:  0025972464
             
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  October 19, 2016 Released:  October 20, 2016
By the Regional Director, Region Two, Enforcement Bureau:
I. INTRODUCTION
1. We propose a penalty of $15,000 against Michael Dudley (Mr. Dudley) for apparently 
operating an unlicensed radio station in Guntersville, AL.  The Commission previously warned Mr. 
Dudley that operation of this unlicensed station was illegal and that continued operation could result in 
further enforcement action. Mr. Dudley’s deliberate disregard of the Commission's warning warrants a 
significant penalty. Commission action in this area is essential because unlicensed radio stations create a 
danger of interference to licensed communications and undermine the Commission's authority over FM 
broadcast radio operations.
II. BACKGROUND
2. On April 28, 2016, the Commission received a complaint about an unauthorized radio 
station operating on 103.9 MHz in Guntersville, Alabama.  On May 3, 2016, an agent from the Atlanta 
Office used mobile direction-finding techniques to locate the source of radio frequency transmissions on 
103.9 MHz to an FM transmitting antenna located at a residential property in Guntersville, AL.  The agent 
took field strength measurements of the station’s signal and determined that the transmissions on 103.9 
MHz exceeded the limits for operation under Part 15 of the Commission’s Rules (Rules), and therefore 
required a license.
2
The agent consulted the Commission’s records and confirmed that no authorization 
had been issued for the operation of an FM broadcast station at or near the residence in Guntersville, AL.  
When the agent found that the homeowner, Mr. Dudley, was not present at the residence, the agent 
contacted Mr. Dudley by phone.  The agent verbally warned Mr. Dudley that it is illegal to operate a radio 
station without a valid FCC license.   Mr. Dudley said he was out of town but would turn off the 
transmitter when he returned the next day.  During that call, Mr. Dudley also volunteered to surrender his 
transmitter to the Commission. On the same day, the agent left a Notice of Unauthorized Operation 
(NOUO) at Mr. Dudley’s residence that directed him to cease operating the unlicensed radio station on 
103.9 MHz and warned that continued unlicensed operation could result in additional enforcement 
                                                     
1
The investigation began under EB-FIELDSCR-16-00021617 and was subsequently assigned File No. EB-
FIELDSCR-16-00021618.  Any future correspondence with the Commission concerning this matter should reflect 
the new case number.  
2
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 
?V/m at three meters.  47 C.F.R. § 15.239.
Federal Communications Commission DA 16-1202
2
action.
3
Mr. Dudley subsequently voluntarily surrendered transmitting equipment by mailing it to the 
Commission’s Regional Office in Atlanta.
4
  On May 10, 2016, the Regional Director of the Commission’s 
Atlanta Regional Office sent Mr. Dudley a NOUO.
5
3. On July 14, 2016, the Commission received a complaint alleging that another unlicensed 
radio station was illegally operating in the vicinity of Mr. Dudley’s residence, on 107.9 MHz.  The agent 
called Mr. Dudley to discuss the operation, and found that Mr. Dudley refused to turn the station off. He 
claimed that people in his area wanted him on the air.  He also maintained that, since he could not apply 
for a radio license because no Commission application window was open, his “hands were tied,” and that 
he would continue to operate.  
4. On July 18, 2016, Commission agents used direction finding techniques to locate the 
source of radio frequency transmissions on 107.9 MHz to an FM transmitting antenna located at the same 
residence in Guntersville, AL that was observed on May 3.  The agents took field strength measurements 
of the station’s signal and determined that the transmissions on 107.9 MHz exceeded the limits for 
operation under Part 15 of the Rules, and therefore required a license. One of the agents consulted the 
Commission’s records and confirmed that no authorization had been issued for the operation of an FM 
broadcast station at or near the residence in Guntersville, AL.  The station stopped operating as soon as 
the field strength measurements were taken.  No one responded when the agents knocked on the door, so 
one of the agents left a handwritten NOUO under the door that directed Mr. Dudley to cease operating the 
unlicensed radio station on 107.9 MHz and warned that continued unlicensed operation could result in 
additional enforcement action.
6
Mr. Dudley contacted the agent later the same day and admitted he was 
operating the station without a license.
III. DISCUSSION
5. We find that Mr. Dudley apparently willfully and repeatedly violated Section 301 of the 
Communications Act of 1934, as amended (Act).
7
  Section 301 of the Act states that no person shall use 
or operate an apparatus for the transmission of energy or communications or signals by radio within the 
United States without a license granted by the Commission.  On May 3, 2016, an agent determined that 
Mr. Dudley operated an unlicensed radio station on 103.9 MHz.  The agent warned Mr. Dudley verbally 
and in writing that such unlicensed operation violated the Act.  Mr. Dudley expressly acknowledged that 
operation of his unlicensed station was illegal by signing the Dudley Voluntary Relinquishment Form and 
surrendering the illegal radio equipment to the Commission.
8
  On July 18, 2016, an agent from the Atlanta
Office determined that Mr. Dudley operated an unlicensed radio station on 107.9 MHz.  Mr. Dudley was 
warned again in writing that such unlicensed operations violated the Act.  Nonetheless, Mr. Dudley 
continued to operate an unlicensed radio station.  As a result, we find Mr. Dudley apparently willfully and 
repeatedly violated Section 301 of the Act by operating an unlicensed radio station.  
6. Section 503(b) of the Act authorizes the Commission to impose a forfeiture against any 
entity that “willfully or repeatedly fail[s] to comply with any of the provisions of [the Act] or of any rule, 
                                                     
3
Michael Dudley, Notice of Unlicensed Operation (EB May 3, 2016)(on file in EBATS File No. EB-FIELDSCR-
16-00021618).
4
See Voluntarily Relinquished Illegal Radio Equipment, dated May 11, 2016, signed by Michael Dudley (on file in 
EBATS File No. EB-FIELDSCR-16-00021618) (Dudley Voluntary Relinquishment Form).   
5
Michael Dudley, Notice of Unlicensed Operation (EB May 10, 2016)(on file in EBATS File No. EB-FIELDSCR-
16-00021618).
6
Michael Dudley, Notice of Unlicensed Operation (EB July 18, 2016)(on file in EBATS File No. EB-FIELDSCR-
16-00021618).
7
47 U.S.C. § 301.
8
Dudley Voluntary Relinquishment Form.   
Federal Communications Commission DA 16-1202
3
regulation, or order issued by the Commission.”
9  
Here, Section 503(b)(2)(D) of the Act authorizes us to 
assess a forfeiture against Mr. Dudley of up to $18,936 for each day of a continuing violation, up to a 
statutory maximum of $142,021 for a single act or failure to act.
10
In exercising our forfeiture authority, we 
must consider 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.”
11
In addition, the Commission has established forfeiture guidelines; they establish base 
penalties for certain violations and identify criteria that we consider when determining the appropriate 
penalty in any given case.
12
Under these guidelines, we may adjust a forfeiture upward for violations that 
are egregious, intentional, or repeated, or that cause substantial harm or generate substantial economic gain 
for the violator.
13
7. Section 1.80(b) of the Rules sets a base forfeiture of $10,000 for operating without an 
instrument of authorization.
14
  We have discretion, however, to depart from these guidelines, taking into 
account the particular facts of each individual case.
15
  The Commission warned Mr. Dudley verbally and 
in writing that operation of an unlicensed station is illegal.  Mr. Dudley clearly demonstrated that he
understood those warnings when he voluntarily surrendered the equipment for destruction, by signing the 
Dudley Voluntary Relinquishment Form stating that the equipment was illegal.
16
  Since then, Mr. Dudley 
resumed illegal operation, and was again warned verbally and in writing that continued unlicensed 
operations could result in additional enforcement action.
17
  The fact that Mr. Dudley continued to operate 
an unlicensed station after being put on notice that his actions contravened the Act, the Rules, and related 
                                                     
9
47 U.S.C. § 503(b).  
10
  See 47 U.S.C. § 503(b)(2)(D); 47 CFR §§ 1.80(b)(7), (9).  These amounts reflect inflation adjustments to the 
forfeitures specified in Section 503(b)(2)(D) ($10,000 per violation or per day of a continuing violation and $75,000 
per any single act or failure to act).  The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-
410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, Sec. 31001, 
110 Stat. 1321 (DCIA), as further amended by the Federal Reports Elimination Act of 1998, Pub. L. No. 105-362, 
Sec. 1301, 112 Stat. 3280, and as further amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015, Sec. 701, Pub. L. No. 114-74, 129 Stat. 599 (codified as amended 28 U.S.C. § 2461 
note) (the 2015 Inflation Adjustment Act), requires the Commission to adjust its penalties for inflation and publish 
interim final rules with the initial penalty adjustment amounts by July 1, 2016 and new penalty levels must take 
effect no later than August 1, 2016.  See 28 U.S.C. § 2461 note.  The Commission published those interim final rules 
on June 30, 2016.  See Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary 
Penalties to Reflect Inflation, Order, 31 FCC Rcd 6793 (EB 2016); see also Adjustment of Civil Monetary Penalties 
to Reflect Inflation, 81 Fed. Reg. 42554 (June 30, 2016) (setting August 1, 2016, as the effective date for the 
increases).  The adjustments to the civil monetary penalties adopted by the Bureau pursuant to 2015 Inflation 
Adjustment Act will apply only to such penalties assessed after the effective date of the amendments to Section 
1.80(b).  See 28 U.S.C. § 2461 note (6).   
11
47 U.S.C. § 503(b)(2)(E).
12
47 CFR § 1.80(b)(8), Note to paragraph (b)(8). 
13
Id.
14
47 CFR § 1.80(b).
15
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, 17098-99, para. 22 (1997) (noting that “[a]lthough we 
have adopted the base forfeiture amounts as guidelines to provide a measure of predictability to the forfeiture 
process, we retain our discretion to depart from the guidelines and issue forfeitures on a case-by-case basis, under 
our general forfeiture authority contained in Section 503 of the Act”) (Forfeiture Policy Statement), recons. denied, 
Memorandum Opinion and Order, 15 FCC Rcd 303 (1999).
16
Dudley Voluntary Relinquishment Form.   
17
Michael Dudley, Notice of Unlicensed Operation (EB July 18, 2016)(on file in EBATS File No. EB-FIELDSCR-
16-00021618).
Federal Communications Commission DA 16-1202
4
Commission orders demonstrates a deliberate disregard for the Commission’s authority and requirements.  
Thus, we find that an upward adjustment in the forfeiture amount of $5,000 is warranted.
18
  After applying 
the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors, we propose a total 
forfeiture of $15,000, for which Mr. Dudley is apparently liable.  
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
19
and 
Sections 1.80 of the Rules,
20
Michael Dudley is hereby NOTIFIED of this APPARENT LIABILITY 
FOR A FORFEITURE in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for willful and 
repeated violations of Section 301 of the Act.
21
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
22
within thirty 
(30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture, Michael Dudley 
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture consistent with paragraph 12 below.
10. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account Number and FRN referenced above.  Michael Dudley 
shall send electronic notification of payment to Janet Moran at Janet.Moran@fcc.gov on the date said 
payment is made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) 
must be submitted.
23
  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 that should be followed based on the form of payment selected:
• 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.
                                                     
18
See Robert Brown, Memorandum Opinion and Order, 27 FCC Rcd 6975 (EB 2012), aff’g, Forfeiture Order, 26 
FCC Rcd 6854 (EB 2011) (upwardly adjusted proposed forfeiture by $5,000 because violator operated an unlicensed 
radio station after receiving a written warning that such action violated the Act and Rules); Lloyd Morris,
Memorandum Opinion and Order, 27 FCC Rcd 6979 (EB 2012), aff’g, Forfeiture Order, 26 FCC Rcd 6856 (EB 
2011) (same).  
19
47 U.S.C. § 503(b).
20
47 CFR § 1.80.
21
47 U.S.C. § 301.
22
47 CFR § 1.80.
23
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 16-1202
5
11. Any request for making full payment over time under an installment plan should be sent 
to:  Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th 
Street, SW, Room 1-A625, Washington, DC 20554.
24
  Questions regarding payment procedures should be 
directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
12. 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 1.16 and 1.80(f)(3) of the Rules.
25
  The written statement must be mailed to the Office of the 
Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554, ATTN:  
Enforcement Bureau – Office of the Field Director, and must include the NAL/Account Number 
referenced in the caption.  The statement must also be e-mailed to SCR-Response@fcc.gov.  
13. 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; 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.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by first class mail and certified mail, return receipt requested, to Michael Dudley 
at his address of record.  
FEDERAL COMMUNICATIONS COMMISSION
Ronald Ramage
Regional Director
Region Two
Enforcement Bureau
                                                     
24
See 47 CFR § 1.1914.
25
47 CFR §§ 1.16, 1.80(f)(3).