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Federal Communications Commission DA 16-392
1
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Andrew O. Turner
Miami Gardens, FL
)
)
)
)
)
File No.:  EB-FIELDSCR-15-00018593
NAL/Acct. No.:  201632600001
FRN:  0025070996
FORFEITURE ORDER
Adopted: April 12, 2016 Released: April 12, 2016
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. We impose a penalty of $15,000 against Andrew O. Turner for operating an unlicensed 
FM radio station on 95.9 MHz in Broward County, FL. Mr. Turner does not deny that he operated an 
unlicensed station, but argues that he did not intend to cause harm or undermine the Commission’s 
authority, and that he does not have the funds to pay the forfeiture. After reviewing Mr. Turner’s response 
to the NAL, we find no reason to cancel, withdraw or reduce the proposed penalty, and we therefore 
assess the $15,000 forfeiture the Bureau previously proposed.
II. BACKGROUND
2. In response to a complaint, on January 26, March 7, August 17, and September 9, 2015, 
agents from the Enforcement Bureau’s Miami Office (Miami Office) and Tampa Office (Tampa Office) 
identified and located the source of unlicensed transmissions on the frequency 95.9 MHz originating from 
residences in Broward County, FL. Agents determined that Mr. Turner operated the unlicensed stations.
1
  
Mr. Turner was warned of the unlicensed operations by the Commission in writing on March 7 and 
August 17, 2015.
2
3. On November 20, 2015, the Enforcement Bureau’s Miami Office issued a Notice of 
Apparent Liability for Forfeiture (NAL) proposing a $15,000 forfeiture against Mr. Turner for his
apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended 
(Act)
3
by operating an FM broadcast transmitter without Commission authorization.  
4. On December 16, 2015, Mr. Turner filed a response to the NAL.
4
  Mr. Turner requests 
cancellation of the proposed forfeiture. While Mr. Turner does not deny operating the unlicensed station, 
he states that he “had no intentions of creating or causing danger intentional or unintentional,” nor did he 
                                                     
1
The NAL includes a more complete discussion of the facts and history of this case and is incorporated herein by 
reference.  Andrew O. Turner, Miami Gardens, FL, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 13403 
(Enf. Bur., South Central Region, 2015) (NAL).
2
See Andrew O. Turner, Notice of Unlicensed Operation (Enf. Bur. Mar. 7, 2015) (on file in EB-FIELDSCR-15-
00018593); Andrew Turner/WBIG Station, Notice of Unlicensed Operation (Enf. Bur. Aug. 17, 2015) (on file in EB-
FIELDSCR-15-00018593).
3
47 U.S.C. § 301. 
4
Andrew O. Turner, Response to Notice of Apparent Liability (Dec. 16, 2015) (on file in EB-FIELDSCR-15-
00018593) (NAL Response).    
Federal Communications Commission DA 16-392
2
“deliberately intend to undermine the commissions’ authority.”
5
Mr. Turner maintains that his broadcasts 
benefit his community, and asks the Commission to cancel the forfeiture in light of those community 
benefits.
6
  He also argues that his ministry is nonprofit and he has insufficient funds to pay the forfeiture.
7
III. DISCUSSION
5. The Bureau proposed a forfeiture in this case in accordance with Section 503(b) of the 
Communications Act of 1934, as amended (Act),
8
Section 1.80 of the Commission’s rules (Rules),
9
and 
the Commission’s Forfeiture Policy Statement.
10
  When we assess forfeitures, Section 503(b)(2)(E) 
requires that we 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.”
11
  As discussed below, we have fully considered Mr. Turner’s 
response to the NAL, but we find none of them persuasive.  We therefore affirm the $15,000 forfeiture 
proposed in the NAL.
A. The Commission of an Act, Irrespective of Any Intent to Violate the Law, Qualifies as 
Willful Under Section 312 of the Act
6. Mr. Turner does not contest the facts recited in the NAL.  Instead, he requests cancellation 
of the proposed forfeiture because he did not intend to cause or create danger nor did he intend to violate 
the Act.
12
  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.
13
  Section 312(f)(1) of the Act defines “willful” as the “conscious and 
deliberate commission or omission of [any] act, irrespective of any intent to violate” the law.
14
  The 
legislative history to Section 312(f)(1) of the Act makes clear that this definition of willful applies to both 
Sections 312 and 503(b) of the Act,
15
and the Commission has so interpreted the term in the Section 503(b) 
context.
16
  Mr. Turner does not deny that he operated the station. Therefore, we find that his operation of 
                                                     
5
Id. at 1.
6
Id.  
7
Id.
8
47 U.S.C. § 503(b).
9
47 C.F.R. § 1.80.
10
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), recons. denied, 
Memorandum Opinion and Order, 15 FCC Rcd 303 (1999). 
11
47 U.S.C. § 503(b)(2)(E).
12
NAL Response at 1. 
13
47 U.S.C. § 503(b).
14
47 U.S.C. § 312(f)(1).
15
H.R. Rep. No. 97-765, 97
th
Cong. 2d Sess. 51 (1982) (“This provision [inserted in section 312] defines the terms 
‘willful’ and ‘repeated’ for purposes of section 312, and for any other relevant section of the act (e.g., section 503)    
. . . .   As defined[,] . . . ‘willful’ means that the licensee knew that he was doing the act in question, regardless of 
whether there was an intent to violate the law.  ‘Repeated’ means more than once, or where the act is continuous, for 
more than one day.  Whether an act is considered to be ‘continuous’ would depend upon the circumstances in each 
case.  The definitions are intended primarily to clarify the language in sections 312 and 503, and are consistent with 
the Commission’s application of those terms . . . . ”).
16
See, e.g., S. Cal. Broad. Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991).
Federal Communications Commission DA 16-392
3
the station was willful, according to the Act.  Even if we were to accept that the operation on the unlicensed 
station was not “willful,” it was nevertheless repeated.
17
B. Mr. Turner’s Community Service Does Not Warrant Forfeiture Cancellation or 
Reduction
7. Mr. Turner discusses a number of benefits he claims his broadcasts provide for the 
community, and asks us to consider those benefits while determining whether cancellation of the forfeiture 
proposed in the NAL is warranted.
18
  We have taken those benefits into account, and we conclude that they 
do not provide justification for any cancellation or reduction of the proposed forfeiture amount.  Assuming 
for the sake of argument that Mr. Turner’s broadcasts provide the services he claims, it is well established 
that such community service does not excuse violations of the Communications Act or the Commission’s 
rules, and does not provide a mitigating factor with respect to such violations.
19
  Moreover, Mr. Turner 
could have performed his public service under Section 15.239 of the Commission’s Rules, which authorizes 
low power unlicensed transmissions, but he chose not to do so.
20
  Accordingly, we find that Mr. Turner’s 
service to his community does not warrant cancellation or reduction of the proposed forfeiture amount.  
C. Mr. Turner Did Not Demonstrate an Inability to Pay Warranting Forfeiture 
Cancellation or Reduction
8. We decline to cancel or reduce the forfeiture amount based on Mr. Turner’s alleged 
inability to pay. The NAL specifically stated that a cancellation or reduction of the proposed forfeiture 
based on inability to pay will not be considered unless the petitioner provides (1) federal tax returns for 
the most recent three-year period; (2) financial statements prepared according to generally accepted 
accounting principles; or (3) some other reliable and objective documentation that accurately reflects the 
petitioner’s current financial status.
21
Mr. Turner did not submit any documentation in support of his 
request for a reduction based on inability to pay. We therefore have no basis for assessing Mr. Turner’s 
inability to pay claim. We find that a forfeiture in the amount of $15,000 is warranted.
22
9. Weighing the relevant statutory factors and our own forfeiture guidelines, we conclude, 
based upon the evidence before us, that the proposed forfeiture of $15,000 properly reflects the 
seriousness, duration, and scope of Mr. Turner’s violations.
                                                     
17
See S. Cal Broad. Co., 6 FCC Rcd at 4388, para. 5;  see also Infinity Broadcasting Corporation of Florida, Order 
on Review, 24 FCC Rcd 4270, 4279, para. 25 (2009).
18
NAL Response at 1.     
19
MRJ, Inc., WWYO Pineville, West Virginia, Memorandum Opinion and Order, 19 FCC Rcd 8528, 8530, para. 10 
(Enf. Bur., 2004) (“The fact that MRJ may perform useful service in the community does not mitigate its 
violations”), cited in Michael S. Selvanto, Forfeiture Order, 19 FCC Rcd 15337, 15339, para. 10 (Enf. Bur., 2004) 
(Selvanto Forfeiture Order).  See also Radio Beaumont, Inc., Memorandum Opinion and Order, 50 FCC 2d 904, 
904, paras. 3-4 (1975) (broadcasters are expected to serve their communities as well as comply with the 
Commission’s rules), cited in Texas Soaring Association, Inc. Midlothian, Texas, Forfeiture Order, 28 FCC Rcd 
10740, 10742 n.22 (Enf. Bur., Spectrum Enf. Div., 2013).
20
47 C.F.R. § 15.239; Selvano Forfeiture Order, 19 FCC Rcd at 15339, para. 10.
21
NAL, 30 FCC Rcd at 13407-08, para. 16.
22
See, e.g., San Jose Navigation, Inc., Forfeiture Order, 22 FCC Rcd 1040, 1043, para. 11 (2007) (in assessing an 
inability to pay claim, the Commission requires the claimant to provide reliable and objective documentation that 
reflects its current overall financial status).
Federal Communications Commission DA 16-392
4
10. Based on the record before us and in light of the applicable statutory factors, we conclude
that Mr. Turner willfully and repeatedly violated Section 301 of the Act by operating an unlicensed radio 
station.
23
We decline to cancel or reduce the $15,000 forfeiture proposed in the NAL.  
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
24
and Section 
1.80 of the Commission’s Rules,
25
Andrew O. Turner IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willfully and repeatedly violating 
Section 301 of the Act.
26
12. Payment of the forfeiture should be made in the manner provided for in Section 1.80 of 
the Commission’s Rules within thirty (30) calendar days after the release of this Forfeiture Order.
27
  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.
28
  
13. 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.  Andrew O. Turner
shall send electronic notification of payment to Steven Spaeth at steven.spaeth@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.
29
  When completing the 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 completed Form 159) must be 
mailed to the 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.
14.       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 
                                                     
23
47 U.S.C. § 301.
24
47 U.S.C. § 503(b).
25
47 C.F.R. § 1.80.
26
47 U.S.C. § 301.
27
47 C.F.R. § 1.80(h).    
28
47 U.S.C. § 504(a).
29
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 16-392
5
Street, SW, Room 1-A625, Washington, D.C. 20554.
30
  Questions regarding payment procedures should 
be directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
15.        IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first 
class mail and certified mail, return receipt requested, to Andrew O. Turner at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ronald Ramage
Regional Director
South Central Region
Enforcement Bureau   
                                                     
30
See 47 C.F.R. § 1.1914.