####  Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-TP-576      |
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| Omar A. Ebanks                    | ) | NAL/Acct. No.200332700016     |
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| 1289 S. Kirkman Blvd., #2166      | * | FRN 0008028698                |
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| Orlando, Florida 32811            | * |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** February 11, 2003

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    Omar A. Ebanks ("Mr. Ebanks") apparently liable for a forfeiture in
    the amount of ten thousand dollars (\$10,000) for willful violation
    of Section 301 of the Communications Act of 1934, as amended
    ("Act").[^1] Specifically, we find Mr. Ebanks apparently liable for
    operating a radio station on the frequency of 93.9 MHz without
    Commission authorization.

**II. BACKGROUND**

2.  On October 30, 2002, two agents from the Commission's Tampa Field
    Office drove an FCC direction finding vehicle to the Orlando,
    Florida area and observed an FM radio station operating on 93.9 MHz.
    Using direction finding equipment and techniques, the agents
    determined that the station was broadcasting from a commercial
    office building at 227 N. Magnolia Avenue, Orlando, Florida. The
    agents took field strength measurements of the station's signal and
    determined that the station required a license to operate.[^2]

3.  On October 31, 2002, the Tampa Field Office agents spoke by
    telephone with Jay Wolk, the property manager for the building at
    227 N. Magnolia Avenue. When asked about the radio station, Mr. Wolk
    indicated the station was in Suite 103 of the building. Later on the
    same date, the agents again observed the FM radio station operating
    on 93.9 MHz. The agents used direction finding equipment and
    techniques and determined that the station again was broadcasting
    from 227 N. Magnolia Avenue, Orlando, Florida. Shortly thereafter,
    the agents inspected the station broadcasting on 93.9 MHz in
    Suite 103. The agents found an FM radio transmitter in operation.
    The agents identified one of two persons present inside the suite as
    Mr. Omar A. Ebanks. Mr. Ebanks stated that he had been listening to
    the broadcast on 93.9 MHz, and the station had broadcast an open
    invitation to come to the station and play music on the radio. Mr.
    Ebanks stated he responded to the invitation because he wanted to
    experience working at a radio station.

**III.** **DISCUSSION**

4.  Section 301 of the Act provides that no person shall use or operate
    any apparatus for the transmission of energy of communications or
    signals by radio within the United States except under and in
    accordance with the Act and with a license. On October 31, 2002, Mr.
    Ebanks operated radio transmitting equipment on the frequency 93.9
    MHz without the required Commission authorization.

5.  Based on the evidence before us, we find Mr. Ebanks willfully[^3]
    violated Section 301 of the Act by operating radio transmission
    apparatus without a license.

6.  Pursuant to Section 1.80(b)(4) of the Rules,[^4] the base forfeiture
    amount for operation without an instrument of authorization for the
    service is \$10,000. In assessing the monetary forfeiture amount, we
    must also take into account the statutory factors set forth in
    Section 503(b)(2)(D) of the Act which include 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.[^5] Considering the entire record and applying the
    factors listed above, this case warrants a \$10,000 forfeiture.

**IV. ORDERING CLAUSES**

7.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^6] and Sections 0.111, 0.311 and 1.80 of the Rules,[^7]
    Omar A. Ebanks is hereby NOTIFIED of this APPARENT LIABILITY FOR A
    FORFEITURE in the amount of ten thousand dollars (\$10,000) for
    willful violation of Section 301 of the Act by operating radio
    transmitting equipment on the frequency 93.9 MHz without benefit of
    the required Commission authorization.

8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NAL, Omar A. Ebanks
    SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

9.  Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. and FRN
    referenced above. Requests for payment of the full amount of this
    NAL under an installment plan should be sent to: Chief, Revenue and
    Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^8]

10. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

11. 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.

12. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Technical &
    Public Safety Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Omar A.
    Ebanks, 1289 S. Kirkman Blvd., #2166, Orlando, Florida, 32811-2527.
    An additional copy of this NAL shall be sent by regular mail and
    Certified Mail Return Receipt Requested to Omar A. Ebanks, 2409
    North Hastings Street, Orlando, Florida 32808-4320.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

Tampa Field Office, Enforcement Bureau

Attachment

[^1]: 47 U.S.C. § 301.

[^2]: Section 15.239 of the Commission's Rules, 47 C.F.R. § 15.239,
    provides that non-licensed broadcasting in the 88-108 MHz band is
    permitted only if the field strength of the transmissions does not
    exceed 250 µV/m at three meters. Measurements showed that the field
    strength of the station's signal exceeded the permissible level for
    a non-licensed low-power radio transmitter by 6,105 times.

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 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 . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^8]: *See* 47 C.F.R. § 1.1914.