**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | File Number EB-01-DT-523     |
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| Thomas A. Brothers               | ** | NAL/Acct. No. 200232360004   |
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| Berkley, Michigan                | *  | FRN: 0006-1077-26            |
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**FORFEITURE ORDER**

**Adopted: June 3, 2002 Released: June 6, 2002**

By the Chief, Enforcement Bureau:

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of ten thousand dollars (\$10,000) to
    Thomas A. Brothers ("Brothers") for willfully and repeatedly
    violating Section 301 of the Communications Act of 1934, as amended
    ("Act").[^1] The noted violation involves Brothers's operation of an
    FM station on 88.3MHz without a Commission license.

2.  By actions dated January 14, 2002, and January 28, 2002, the
    District Director of the Commission's Detroit, Michigan Office
    issued a *Notice of Apparent Liability for Forfeiture* to Brothers
    for a forfeiture in the amount of ten thousand dollars (\$10,000)
    for the noted violation.[^2] Brothers has not filed a response.
    Based on the information before us, we affirm the assessment of this
    forfeiture.

3.  Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Act,[^3] and Sections 0.111, 0.311 and 1.80(f)(4) of the
    Commission's Rules ("Rules"),[^4] Thomas A. Brothers **IS LIABLE FOR
    A MONETARY FORFEITURE** in the amount of ten thousand dollars
    (\$10,000) for willfully and repeatedly violating Section 301 of the
    Act.

4.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules[^5] within 30 days of the release of
    this *Order*. If the forfeiture is not paid within the period
    specified, the case may be referred to the Department of Justice for
    collection pursuant to Section 504(a) of the Act.[^6] Payment may be
    made by mailing a check or similar instrument, payable to the order
    of the Federal Communications Commission, to the Federal
    Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note NAL/Acct. No. 20023260004 and
    FRN: 0006-1077-26. Requests for full payment under an installment
    plan should be sent to: Chief, Revenue and Receivables Operations
    Group, 445 12th Street, S.W., Washington, D.C. 20554.[^7]

5.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to
    Thomas A. Brothers, 3845 Ellwood, Berkley, Michigan, 48072-3123.

    FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200232360004 (Enf. Bur., Detroit Office, released January 14, 2002);
    *Erratum*, NAL/Acct. No. 200232360004 (Enf. Bur., Detroit Office,
    released January 28, 2002) (correcting the mistaken proposed
    forfeiture amount from \$11,000 to \$10,000, *i.e*, the correct base
    forfeiture amount for operation of an unlicensed transmitter).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 504(a).

[^7]: *See* 47 C.F.R. § 1.1914.