Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Jason L. Duncan
Bettendorf, IA
)
)
)
)
)
)
)
File Number: EB-06-KC-067
NAL/Acct. No. 200632560004
FRN 0015021819
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
 Released:  June 9, 2006  
By the District Director, Kansas City District Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jason L. Duncan
(Duncan), apparently willfully and repeatedly 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 Duncan is apparently liable for 
forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On April 10, 2006, the Enforcement Bureaus Kansas City Office received information 
concerning an unauthorized broadcast station operating on 103.3 MHz in Bettendorf, Iowa.  A search of 
the Commissions databases revealed no authorization for a broadcast station to operate on 103.3 MHz in 
Bettendorf, Iowa.
3. On April 18, 2006, a Kansas City agent monitored broadcast transmissions on 103.3 MHz
in Bettendorf, Iowa.  A voice on the broadcast identified the station as power one-oh-three.  The 
agent, using direction finding techniques, located the transmissions on 103.3 MHz to the Northwest 
Bank building located at 2550 Middle Road, Bettendorf, Iowa.  The agent took field strength 
measurements and determined that the signals being broadcast exceeded the limits for operation under 
Part 15 of the Commissions Rules (Rules)3 and therefore required a license.  The building manager told 
the agent that the only radio station he knew of in the building was PMOR/Class Act Entertainment 
which the manager said broadcast over the internet.  The agent went to the roof of the building and 
  
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 ?V/m at three meters. 47 C.F.R.  15.239. On April 18, 
2006, the measurements indicated that the signal was 28642 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.
Federal Communications Commission
2
confirmed that radio transmissions emanated from an antenna mounted on the roof.  The agent hand-
delivered a Notice of Unlicensed Radio Operation and a copy of Section 301 of the Act to another 
operator of the radio station.
 
4. On April 19, 2006, an agent from the Commissions Kansas City Office again monitored
broadcast transmissions on 103.3 MHz in Bettendorf, Iowa, and, using direction finding techniques,
located broadcast transmissions on 103.3 MHz to 2550 Middle Road in Bettendorf, Iowa.  The agent 
made field strength measurements and determined that the station still exceeded the limits for operation 
under Part 15 of the Rules and, therefore, still required a license.4
5. On May 2, 2006, the Kansas City Office mailed to Duncan at the radio station address a 
Notice of Unlicensed Operation (Notice).
6. On May 11, 2006, the Kansas City office received a written response (Response) to the 
Notice.5  The Response stated that the station Power Hits 103.3 has authority to operate pursuant to 
47 C.F.R.  73.3542, and that the station has applied for authority according to that section.
III. DISCUSSION
7. 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.6 The 
term repeated means the commission or omission of such act more than once or for more than one 
day.7
8. 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.8 On 
April 18, 2006, and April 19, 2006, Duncan operated radio transmitting equipment at 2550 Middle 
Road, Bettendorf, Iowa, on 103.3 MHz without the required Commission authorization.  Duncan
  
4 The measurements made on April 19, 2006, indicated that the signal was 33,520 times greater than the maximum 
permissible level for a non-licensed Part 15 transmitter.
 
5 The Response was by legal counsel stating he represented both Duncan and Matthew Britcher, another operator of 
the unlicensed radio station.  The Response stated it served as a formal response to both the Notice issued to Duncan 
and the Notice of Unlicensed Operation hand-delivered to Matthew Britcher.
6 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).
7 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. 
8 47 U.S.C.  301.
Federal Communications Commission
3
claimed authority to operate the radio station under 47 C.F.R.  73.3542.  Duncan provided no evidence 
of any authority granted by the Commission to operate this station.  Based on the evidence before us, 
we find Duncan apparently willfully and repeatedly violated Section 301 of the Act by operating radio 
transmission apparatus without a license on 103.3 MHz in Bettendorf, Iowa, on April 18 and 19, 2006.
9. Pursuant to The Commissions 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 
$10,000.9 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.10 Applying the Forfeiture Policy 
Statement, Section 1.80, and the statutory factors to the instant case, we conclude that Mr. Duncan is 
apparently liable for a $10,000 forfeiture
IV. ORDERING CLAUSES
10. 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, Jason L. Duncan 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.11
11. 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, Jason L. Duncan 
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.  
12. 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.  
13. The response, if any, must be mailed to Federal Communications Commission, Enforcement 
Bureau, South Central Region, Kansas City District Office, 520 NE Colbern Road, Lees Summit, MO
64086-4711, and must include the NAL/Acct. No. referenced in the caption.  
14. 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.  
15. 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 
  
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
11 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80; 47 U.S.C.  301.
Federal Communications Commission
4
1A625, 445 12th Street, S.W., Washington, D.C. 20554.12
16. 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 Jason L. Duncan, with an 
additional copy to Duncans legal counsel, Arshia Javaherian, The Law Center, 329 18th Street, Suite 600, 
Rock Island, Illinois 61201.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
  
12 See 47 C.F.R.  1.1914.