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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

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

 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.  Vzquez  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.  Vzquez  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  Commissions  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  buildings  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  stations  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.  Vzquez.  The  building  owner  also  stated  that  Manuel  M.  Vzquez 
 1  47  U.  S.  C.    301. 
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 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  Commissions  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.  Vzquez,  arrived. 
 The  agents  again  interviewed  Mr.  Vzquez  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.  Vzquez  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.  Vzquez  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  Commissions  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. 

 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). 
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 Vzquez  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.  Vzquez 
 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  petitioners  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.  Vzquez,  1933 
 Piccadilly  Circus,  Naples,  Florida  34112-  3688. 

 FEDERAL  COMMUNICATIONS  COMMISSION 
 Ralph  M.  Barlow  District  Director,  Enforcement  Bureau 

 7  47  C.  F.  R.    0.111,  0.311,  1.80. 
 8  See  47  C.  F.  R.  1.1914. 
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