**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-02-TP-234        |
|                                  |   |                                 |
| Manuel M. Vázquez                | ) | NAL/Acct.No.200232700015        |
|                                  |   |                                 |
| Naples, Florida                  | ) | FRN# 0007-3021-69               |
|                                  |   |                                 |
|                                  | ) |                                 |
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|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

###  Released: June 25, 2002

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture, we find that
    Manuel M. Vázquez willfully and repeatedly violated Section 301 of
    the Communications Act of 1934, as amended ("Act"),[^1] by operating
    a radio station on the frequency 103.3 MHz without Commission
    authorization. We conclude that Manuel M. Vázquez is apparently
    liable for forfeiture in the amount of ten thousand dollars
    (\$10,000).

**II.** **BACKGROUND**

2\. On April 19, 2002, while investigating complaints of unlicensed
broadcast activity in the Naples, Florida area, agents from the
Commission's Tampa Field Office detected an FM radio station on the
frequency 103.3 MHz. Using electronic direction finding techniques, the
agents traced the signals on 103.3 MHz to a commercial building located
at 2408 Linwood Avenue, Naples, Florida. The agents observed an antenna
on the building and transmission cable connected to the antenna on one
end and entering the building's wall into Suite F. Standing outside
Suite F, the agents heard music and voices that matched exactly the
programming simultaneously broadcast by the station on 103.3 MHz. Based
on field strength measurements taken by the agents of the station's
signal, this station required a license to operate. FCC records showed
no license issued for operation of an FM radio station on this frequency
in or near Naples, Florida. While still at the building at 2408 Linwood
Avenue, the agents interviewed a man who refused to identify himself,
but stated that he was an operator of the radio station. The agents hand
delivered to the man 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 the man to terminate
the unlicensed operation. The man stated that his station would continue
to operate until either other unlicensed radio stations were shut down
or the radio station equipment was seized by the police. The agents
later spoke to the building owner who visually identified the man
claiming to be the operator of the radio station as Manuel M. Vázquez.
The building owner also stated that Manuel M. Vázquez leased the space
in Suite F. The radio station on 103.3 MHz continued to broadcast as the
agents left the area.

3\. On April 20, 2002, agents from the Commission's Tampa Field Office
again detected an FM radio station on the frequency 103.3 MHz. Using
electronic direction finding techniques, the agents traced the signals
on 103.3 MHz to the same commercial building located at 2408 Linwood
Avenue, Naples, Florida. While at that location, the same man
interviewed the day before who admitted to operating the station and who
was identified by the building manager as Manuel M. Vázquez, arrived.
The agents again interviewed Mr. Vázquez and warned him about the
unlicensed radio operation. The radio station on 103.3 MHz continued to
transmit, except with no audio, as the agents left the area.

**III**. **DISCUSSION**

4\. 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 19 and 20,
2002, Manuel M. Vázquez operated radio transmission equipment on the
frequency 103.3 MHz without benefit of the required Commission license.

5\. Based on the evidence before us, we find that on April 19 and April
20, 2002, Manuel M. Vázquez willfully[^2] and repeatedly[^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 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] Considering the entire record and applying the
statutory 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
Communications Act of 1934, as amended,[^6] and Sections 0.111, 0.311
and 1.80 of the Commission\'s Rules,[^7] Manuel M. Vázquez 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.

8\. 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, Manuel M. Vázquez 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 must include the FRN and NAL/Acct. No.
referenced in the letterhead above.

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. and FRN referenced in the letterhead
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\. 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]

13\. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by regular mail and Certified Mail Return
Receipt Requested to Manuel M. Vázquez, 1933 Piccadilly Circus, Naples,
Florida 34112-3688.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

District Director, Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 312(f)(1), which applies equally to 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]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which applies
    equally to 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."

[^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.