**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-LA-310      |
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| Stanley Mark Mayo                 | ) | NAL/Acct. No.200432900003     |
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| Unlicensed Radio Station on 660   | * | FRN 0009412131                |
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| Unlicensed Radio Station on 91.3  | * |                               |
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| Victorville, California           | * |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** March 31, 2004

By the District Director, Los Angeles Office, Enforcement Bureau:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    Stanley Mark Mayo ("Mayo") apparently willfully and repeatedly
    violated Section 301 of the Communications Act of 1934, as amended
    ("Act")[^1] by operating a radio station on the frequencies 660 kHz
    and 91.3 MHz without authorization from the Federal Communications
    Commission ("Commission"). We conclude, pursuant to Section 503(b)
    of the Communications Act of 1934, as amended ("Act"),[^2] that
    Stanley Mark Mayo is apparently liable for a forfeiture in the
    amount of twenty thousand dollars (\$20,000).

**II. BACKGROUND**

2.  On October 7, 2002, the Commission's Los Angeles Office received
    information that an unlicensed AM station, using call letters KRSX,
    was operating on 660 kHz in Victorville, California. A search of the
    Commission's licensee database revealed no license issued for the
    operation of an AM broadcast station on 660 kHz in Victorville,
    California, and no broadcast authorization issued under call sign
    KRSX.

3.  On October 24, 2002, agents from the Commission's Los Angeles Office
    conducted an investigation and detected radio transmissions on the
    frequency 660 kHz in Victorville. Using radio direction finding
    techniques, the agents determined that the transmissions were
    emanating from 16743B D Street, Victorville. The front door was
    marked with the following wording: Route 66 Radio KRSX -- AM 660.

4.  Still on October 24, 2002, the agents inspected the radio station
    broadcasting on 660 kHz at 16743B D Street. The agents spoke to
    Mayo, who stated that he owned the radio, and that the station was
    operating under Part 15.[^3] The agents inspected the radio station
    and determined that it was not operating in accordance with the FCC
    Rules under Part 15, therefore, a license was required to operate
    the station.[^4] Specifically, the transmitter was not
    certificated[^5] for use under Part 15 and the total length of the
    station's transmission line and antenna exceeded 3 meters.[^6] The
    agents issued Mayo a Notice of Unlicensed Radio Operation warning
    letter.

5.  The following day, on October 25, 2002, Mayo called the Commission's
    Los Angeles Office and spoke to the District Director. Mayo
    acknowledged that the station was not operating with a Part 15
    transmitter and requested a waiver to continue operating with the
    Part 73 transmitter. The waiver was not granted.

6.  On November 1, 2002, the Commission's Los Angeles Office mailed via
    certified and regular mail a Notice of Unlicensed Radio Operation
    letter to Mayo regarding the station's operation on 660 kHz. No
    response to this Notice was received.

7.  On May 20, 2003, agents from the Commission's Los Angeles Office
    conducted an investigation and identified transmissions on 660 kHz
    emanating from 16743B D Street in Victorville. The agents took a
    field strength measurement of the signal on 660 kHz and determined
    that the signal was 2500 times greater than the maximum permissible
    level for a non-licensed Part 15 transmitter.[^7] A radio station
    inspection determined that the transmitter was the same as that
    observed during the October 24, 2002, inspection. The agents issued
    Mayo a Notice of Unlicensed Radio Operation warning letter.

8.  On August 15, 2003, agents from the Commission's Los Angeles Office
    conducted an investigation and identified transmissions on 660 kHz
    emanating from 16743B D Street. Additionally, the agents identified
    a signal on 91.3 MHz emanating from 16743B D Street in Victorville.
    The agents took field strength measurements of the signal on 91.3
    MHz and determined that the signal was 7900 times greater than the
    maximum permissible level for a non-licensed Part 15 station.[^8]
    The Commission\'s records revealed that no license had been issued
    for the operation of a FM broadcast station at this location on 91.3
    MHz.

9.  Still on August 15, 2003, the agents inspected the radio stations
    broadcasting on 660 kHz and 91.3 MHz at 16743B D Street in
    Victorville. The 660 kHz transmitter was the same as that observed
    during the previous inspections. The 91.3 MHz transmitter was not
    authorized for use under Part 15. The agents issued Mayo two Notices
    of Unlicensed Radio Operation warning letters; one for operation on
    660 kHz and the other for operation on 91.3 MHz.

10. Still on August 15, 2003, the agents took a field strength
    measurement of the signal on 660 kHz and determined that the signal
    was 3200 times greater than the maximum permissible level for a
    non-licensed Part 15 transmitter.

11. On March 22, 2004, agents from the Commission's Los Angeles Office
    conducted an investigation and identified transmissions on both 660
    kHz and 91.3 MHz emanating from 16743B D Street, Victorville,
    California. The agents took a field strength measurement of the
    signal on 660 kHz and determined that the signal was 3200 times
    greater than the maximum permissible level for a non-licensed Part
    15 transmitter. The agents took field strength measurements of the
    signal on 91.3 MHz and determined that the signal was 7900 times
    greater than the maximum permissible level for a non-licensed Part
    15 station.

**III**. **DISCUSSION**

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 any rule, regulation
    or order issued by the Commission there under, shall be liable for a
    forfeiture penalty.[^9] The term "willful" as used in Section 503(b)
    has been interpreted to mean simply that the acts or omissions are
    committed knowingly and the term "repeated" means the commission or
    omission of the act more than once or for more than one day.[^10]

13. Section 301 of the Act requires 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 24, 2002, May
    20, 2003, August 15, 2003, and March 22, 2004, Mayo operated radio
    transmitting equipment at 16743B D Street, Victorville, on the
    frequency 660 kHz without the required Commission authorization. On
    August 15, 2003 and March 22, 2004, Mayo operated radio transmitting
    equipment at 16743B D Street, Victorville, on the frequency 91.3 MHz
    without the required Commission authorization.

14. Based on the evidence before us, we find Mayo willfully and
    repeatedly violated Section 301 of the Act by operating radio
    transmission apparatus without a license on 660 kHz and 91.3 MHz.

15. 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),*[^11] and Section
    1.80(b)(4) of the Commission's Rules,[^12] 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[^13] 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. Considering the entire record and applying the factors
    listed above, a \$20,000 forfeiture is warranted.

**IV. ORDERING CLAUSES**

16. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act, and Sections 0.111, 0.311 and 1.80 of the Rules, Stanley Mark
    Mayo is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
    in the amount of twenty thousand dollars (\$20,000) for willful and
    repeated violation of Section 301 of the Act for operating radio
    transmitting equipment without the required Commission
    authorization.[^14]

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

18. 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.[^15]

19. 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 -- Spectrum
    Enforcement Division and MUST INCLUDE THE NAL/Acct. No. referenced
    above.

20. 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.

21. 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 Spectrum
    Enforcement 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.

22. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Stanley
    Mark Mayo, 16743B D St., Victorville, CA 92392.

FEDERAL COMMUNICATIONS COMMISSION

Catherine Deaton

###  District Director, Los Angeles Office

Enforcement Bureau

Enclosure: FCC List of Small Entities, October 2002

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. §503(b).

[^3]: Part 15 of the Commission's Rules, 47 C.F.R. 15, sets out
    regulations under which a transmitter may be operated without an
    individual license.

[^4]: Section 15.1(b) of the Commission's Rules, 47 C.F.R. § 15.1(b),
    specifies that the operation of an intentional radiator that is not
    in accordance with the regulations in this part must be licensed
    pursuant to the provisions of section 301 of the Act.

[^5]: Certification is a type of equipment authorization issued by the
    Commission, based on representations and test data submitted by the
    applicant. Section 15.201(b) of the Commission's Rules, 47 C.F.R. §
    15.201(b), requires transmitters, operating under the provisions of
    Part 15, to be certificated by the Commission. The transmitter must
    bear a label, located in a conspicuous location on the device,
    containing the statement specified in Section 15.19(a)(3) of the
    Commission's Rules, 47 C.F.R. § 15.19(a)(3). The station's
    transmitter did not have the required labeling specified in Section
    15.19(a)(3). On the contrary, labeling on the transmitter indicated
    its authorization was for Part 73 of the Commission's Rules, 47
    C.F.R. 73. Reserved for the Radio Broadcast Services, an individual
    license is required for radio stations operating under Part 73.

[^6]: Section 15.219(b) of the Commission's Rules, 47 C.F.R. §
    15.219(b), specifies that the total length of the transmission line,
    antenna and ground lead (if used) shall not exceed 3 meters. The
    station's transmission line and antenna was over 9 meters.

[^7]: ^?^ Emissions from a Part 15 transmitter, operating between
    490-1705 kHz, are limited in accordance with a formula provided in
    Section 15.209(a) of the Commission's Rules, 47 C.F.R. § 15.209(a).
    Applying the formula, emissions on 660 kHz are limited to 36 µV/m at
    thirty meters. The measured field strength of the station's signal
    exceeded the permissible level by 2500 times.

[^8]: ^?^ Section 15.239(b) of the Commission's Rules, 47 C.F.R. §
    15.239(b), 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.

[^9]: 47 U.S.C. § 503(b).

[^10]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
    applies 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 4387-88 (1991). Section 312(f)(2) of the Act, 47 U.S.C. §
    312(f)(2), which also applies to Section 503(b), provides: "\[t\]he
    term "repeated", when use 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.

[^11]: *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,*
    12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^12]: 47 C.F.R. § 1.80(b)(4).

[^13]: 47 U.S.C. § 503(b)(2)(D).

[^14]: 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80

[^15]: *See* 47 C.F.R. § 1.1914.