**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-05-TP-161       |
|                                  |   |                                 |
| Adam Troy Venters                | ) | NAL/Acct. No. 200632700005      |
|                                  |   |                                 |
| Okeechobee, Florida              | ) | FRN 0009331471                  |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+
|                                  |   |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> **Released: July 7, 2006**

By the District Director, Tampa Field Office, South Central Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Adam Troy Venters ("Venters"), apparently willfully
    violated Section 301 of the Communications Act of 1934, as amended
    ("Act"),[^1] by operating an unlicensed radio transmitter. We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended ("Act"),[^2] that Venters is apparently liable for
    forfeiture in the amount of ten thousand dollars (\$10,000).

# BACKGROUND

2.  On July 7, 2005, the Enforcement Bureau's Tampa Office received
    information concerning an unauthorized broadcast station operating
    on 100.9 MHz in Okeechobee, Florida. A search of the Commission's
    databases revealed no authorization for a broadcast station on that
    frequency in that area.

3.  On July 12, 2005, agents from the Tampa Office monitored broadcast
    transmissions on 100.9 MHz in Okeechobee, Florida. The agents, using
    direction finding techniques, located the transmissions to a
    structure behind a residence in Okeechobee. The agent took field
    strength measurements and determined that the signals being
    broadcast exceeded the limits for operation under Part 15 of the
    Commission's Rules ("Rules") and therefore required a license.[^3]

4.  On September 1, 2005, the Tampa Office received information from the
    Okeechobee County Sheriff's Office regarding the Sheriff's Office
    investigation of the unlicensed radio station operating on 100.9 MHz
    in Okeechobee. The detective investigating the case was acquainted
    with Venters. The detective monitored the broadcasts on 100.9 MHz
    and heard a disc jockey talking whose voice sounded similar to
    Venters. The detective interviewed a witness who lived next door to
    the property where the unlicensed radio station was located. This
    witness stated he had met a man that worked in the shed behind the
    residence and knew him as "Adam Vent." The witness stated that "Adam
    Vent" had asked to borrow a ladder to erect an antenna in the yard.
    The detective showed the witness a photograph of Venters and the
    witness identified the photograph as the same person he knew as
    "Adam Vent." Another witness interviewed by the detective, the owner
    of an electronics shop, stated that Adam Venters had approached him
    and sold him advertising time on a radio station. This witness
    stated that Venters would call him so he could listen on the
    unlicensed station when the advertisement was broadcast. The witness
    provided a cancelled check made payable to "Adam T. Venters." The
    detective interviewed a third witness who operates a night club and
    employs Venters at the night club. This third witness stated that
    Venters had provided advertising for the night club on a radio
    station at no cost. This witness provided a telephone number for
    Venters that was the same number the detective had heard the disc
    jockey broadcast on the radio station. The detective's report stated
    that a search warrant was served on July 13, 2005 on the residence
    and the shed containing the unlicensed station. The detective stated
    that Venters called the Sheriff's Office and left a message for the
    detective with a contact telephone number that was the same as the
    one broadcast by the disc jockey. The detective stated that he
    conducted a non-custodial interview with Venters on July 15, 2005.
    The detective stated that in that interview Venters admitted to
    operating the radio station, stating that he worked for the true
    owner of the station whom he identified only with a nickname, that
    he (Venters) had been involved in the operation of the station from
    its beginning, and that he (Venters) collected money from
    advertisers and artists to play their material on the radio station.

# DISCUSSION

5.  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. The term \"willful\" as used in
    Section 503(b) has been interpreted to mean simply that the acts or
    omissions are committed knowingly.[^4] The term "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^5]

6.  Section 301 of the Act requires that no person shall use or operate
    any apparatus for the transmission of energy or communications or
    signals by radio within the United States except under and in
    accordance with the Act and with a license. In particular, Section
    301 states that "\[n\]o person shall use or operate any apparatus
    for the transmission of energy or communications or signals by
    radio (a) from one place in any State, Territory, or possession of
    the United States or in the District of Columbia to another place in
    the same State, Territory, possession, or District; . . . except
    under and in accordance with this chapter and with a license in that
    behalf granted under the provisions of this chapter."[^6] Commission
    agents determined that, on July 12, 2005, an unlicensed radio
    station operated on 100.9 MHz from a location used by Venters.
    Several witnesses provided information that showed Venters was
    involved with operating the radio station. Venters admitted to
    operating the radio station. Based on the evidence before us, we
    find Venters apparently willfully violated Section 301 of the Act by
    operating radio transmission apparatus without a license on 100.9
    MHz in Okeechobee, Florida, on July 12, 2005.

7.  Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, ("*Forfeiture Policy Statement*") and Section 1.80 of
    the Rules, the base forfeiture amount for operation without an
    instrument of authorization is \$10,000.[^7] 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.[^8] Applying the
    *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Venters is apparently
    liable for a \$10,000 forfeiture

# ORDERING CLAUSES

8.  Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311 and 1.80 of the Commission\'s Rules, Adam Troy Venters is
    hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A**
    **FORFEITURE** in the amount of ten thousand dollars (\$10,000) for
    violations of Section 301 of the Act.[^9]

9.  **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 for Forfeiture, Adam Troy Venters
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

10. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission.  The payment must include the NAL/Acct. No. and FRN No.
    referenced above.  Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.  Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

11. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Tampa Field
    Office, 2203 N. Lois Ave., Room 1215, Tampa, Florida 33607, and must
    include the NAL/Acct. No. referenced in the caption.

12. 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.

13. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director -- Financial Operations, Room 1A625,
    445 12th Street, S.W., Washington, D.C. 20554.[^10]

> 14\. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
> Liability for Forfeiture shall be sent by Certified Mail, Return
> Receipt Requested, and regular mail, to Adam Troy Venters, Okeechobee,
> Florida.

**FEDERAL COMMUNICATIONS COMMISSION**

Ralph M. Barlow

District Director

Tampa Field Office

South Central Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 503(b).

[^3]: 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 μV/m at three
    meters. 47 C.F.R. § 15.239. On July 12, 2005, the measurements
    indicated that the signal was 632 times greater than the maximum
    permissible level for a non-licensed Part 15 transmitter. Devices
    compliant with Part 15 typically have a range of less than one mile.

[^4]: 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 or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^5]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that \"\[t\]he term
    \'repeated\', when used with reference to the commission or omission
    of any act, means the commission or omission of such act more than
    once or, if such commission or omission is continuous, for more than
    one day."

[^6]: 47 U.S.C. § 301.

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(D).

[^9]: 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80; 47 U.S.C. §
    301.

[^10]: *See* 47 C.F.R. § 1.1914.