**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-02-TP-114        |
|                                  |   |                                 |
| Richard Muñoz                    | ) | NAL/Acct.No.200232700011        |
|                                  |   |                                 |
| 2132 Shadowlawn Drive            | ) | FRN 0007-0496-61                |
|                                  |   |                                 |
| Naples, Florida 34112            | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

###  Released: June 5, 2002

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture, we find that
    Richard Muñoz willfully and repeatedly violated Section 301 of the
    Communications Act of 1934, as amended ("Act").[^1] On April 20 and
    May 14, 2002, Richard Muñoz operated a radio station on 105.1 MHz
    without Commission authorization. We conclude that Richard Muñoz is
    apparently liable for forfeiture in the amount of ten thousand
    dollars (\$10,000).

**II.** **BACKGROUND**

2.  On April 20, 2002, agents from the Commission's Tampa Field Office
    investigated a complaint of an alleged unlicensed radio station
    operating on the frequency 105.1 MHz in the Naples, Florida area.
    The agents detected an FM radio station operating on 105.1 MHz.
    Using direction finding techniques, the agents traced the signal on
    105.1 MHz to a church located at 2132 Shadowlawn Drive, Naples,
    Florida. Based on field strength measurements taken by the agents of
    the station's signal, this station required a license to operate.
    Immediately thereafter, the agents inspected the radio station
    inside the church and found studio and transmitting equipment in
    operation. The agents interviewed several witnesses who provided
    information that Mr. Muñoz operated the radio station. The agents
    were provided a business card with Mr. Muñoz' name and the name of
    his ministry, "Ministerio Mision Posible." A brochure found in the
    church promoted a radio program called "Mision Posible 105.1 FM."
    The agents interviewed Mr. Muñoz who admitted responsibility for the
    station's operation and to owning the radio station equipment. The
    agents hand delivered to Mr. Muñoz a warning letter for unlicensed
    radio operation that advised that unlicensed operation violated
    Section 301 of the Act, listed the penalties for violation, and
    directed Mr. Muñoz to terminate the unlicensed operation. Mr. Muñoz
    then directed another person to deactivate the transmitter.

3.  On April 30, 2002, the Tampa Field Office received a complaint from
    a Naples, Florida area broadcast station. The complaint stated that
    an unlicensed radio station operated on 105.1 MHz from the "Tree of
    Life Church" at 2132 Shadowlawn Drive, Naples, Florida, and that the
    unlicensed station interfered with the reception of authorized FM
    broadcasts.

4.  On May 14, 2002, agents from the Tampa Field Office again detected
    an FM radio signal on the frequency 105.1 MHz in Naples, Florida,
    and traced the signal to the church at 2132 Shadowlawn Drive,
    Naples, Florida. This is the same location as the unlicensed station
    operating on 105.1 MHz on April 20, 2002. Based on field strength
    measurements taken by the agents of the station's signal, this
    station required a license to operate.

5.  On May 24, 2002, the Tampa Field Office received a letter from
    Andrew DeLong, Head Pastor of the Tree of Life Church at 2132
    Shadowlawn Drive, Naples, Florida. In the letter, Mr. DeLong
    identified Richard Muñoz as the Pastor of the \"Mision Posible"
    ministry and operator of the radio station, and stated that Mr.
    Muñoz leased space for the radio station from the church.

**III**. **DISCUSSION**

6.  Section 301 of the Act sets forth generally 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 April 20
    and May 14, 2002, Richard Muñoz operated radio transmission
    equipment on the frequency 105.1 MHz without benefit of a license
    required for such operation.

7.  Based on the evidence before us, we find that, on April 20 and May
    14, 2002, Richard Muñoz willfully[^2] and repeatedly[^3] violated
    Section 301 of the Act by operating radio transmission apparatus
    without a license.

8.  Pursuant to Section 1.80(b)(4) of the Commission's Rules, the base
    forfeiture amount for the violation(s) cited in this notice is
    \$10,000.[^4] Section 503(b)(2)(D) of the Act requires us 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
    other such matters as justice may require."[^5] Mr. Muñoz'
    unlicensed operation continued after verbal and written warnings to
    terminate such operation. Considering the entire record and applying
    the statutory factors listed above, this case warrants a \$10,000
    forfeiture.

**IV. ORDERING CLAUSES**

9.  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 Commission\'s
    Rules,[^7] Richard Muñoz is hereby NOTIFIED of his APPARENT
    LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
    (\$10,000) for willful and repeated violation of Section 301 of the
    Communications Act of 1934, as amended.

10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
    Commission\'s Rules, within thirty days of the release date of this
    NOTICE OF APPARENT LIABILITY, Richard Muñoz SHALL PAY the full
    amount of the proposed forfeiture or SHALL FILE a written statement
    seeking reduction or cancellation of the proposed forfeiture.

11. 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 must include the FRN and NAL/Acct. No.
    referenced in the letterhead above.

12. 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. and FRN
    referenced in the letterhead above.

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 ("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.

14. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Federal
    Communications Commission, Chief, Revenue and Receivables Operations
    Group, 445 12th Street, S.W., Washington, D.C. 20554.[^8]

15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail Return Receipt Requested
    to Richard Muñoz at 2132 Shadowlawn Drive Naples, Florida 34112.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

District Director, Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 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
    (1991).

[^3]: The term "repeated" means the commission or omission of an act
    more than once or, if such commission or omission is continuous, for
    more than one day. 47 U.S.C. § 312(f)(2).

[^4]: 47 C.F.R. § 1.80(b)(4)

[^5]: ^5^ 47 U.S.C. § 503 (b)(2)(D)

[^6]: ^6^ 47 U.S.C. § 503(b).

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

[^8]: ^8^*See* 47 C.F.R.§ 1.1914