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Neal Davis

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Released: September 28, 2012

Federal Communications Commission

DA 12-1534

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Neal Davis
)
File No.: EB-11-MA-0009
)
NAL/Acct. No.: 201232600001
Fort Lauderdale, Florida
)
FRN: 0021223367
)

MEMORANDUM OPINION AND ORDER

Adopted: September 28, 2012
Released: September 28, 2012
By the Chief, Enforcement Bureau:
1.
In this Memorandum Opinion and Order, issued pursuant to Section 405 of the
Communications Act of 1934, as amended (Act),1 and Section 1.106 of the Commission’s rules (Rules),2
we deny the petition for reconsideration (Petition) filed by Neal Davis.3 Mr. Davis seeks reconsideration of
the Forfeiture Order issued by the Enforcement Bureau’s South Central Region in this proceeding.4 The
Forfeiture Order imposed a monetary forfeiture in the amount of ten thousand dollars ($10,000) against Mr.
Davis for willfully and repeatedly violating Section 301 of the Act, by operating an unlicensed radio
broadcast station on the frequency 96.1 MHz in Fort Lauderdale, Florida.5
2.
In his Petition, Mr. Davis does not deny that he operated an unlicensed radio station in
Fort Lauderdale and, therefore, violated Section 301. Rather, Mr. Davis urges cancellation of the
forfeiture based on an inability to pay claim.6 Specifically, Mr. Davis asserts that he is currently
unemployed and has no income.7
3.
With respect to a claim of financial hardship, the Commission will not consider reducing
or canceling a forfeiture in response to inability to pay, unless the individual or entity making the request
submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared


1 47 U.S.C. § 405.
2 47 C.F.R. § 1.106.
3 See Letter from Neal Davis to Federal Communications Commissioner (Dec. 15, 2011) (on file in EB-11-MA-0009)
(Petition)
4 See Neal Davis, Forfeiture Order, 26 FCC Rcd 16424 (Enf. Bur. 2011) (Forfeiture Order), aff’g, Notice of Apparent
Liability, 26 FCC Rcd 14375 (Enf. Bur. 2011) (NAL). After the NAL was issued, Mr. Davis did not pay the forfeiture
or file a response. Thereafter, the Bureau issued the Forfeiture Order.
5 47 U.S.C. § 301.
6 See Petition, supra note 3.
7 Id. at 1. In addition, Mr. Davis claims to be “homeless.” Id. We cannot confirm the veracity of his claim or
otherwise discern his exact personal circumstances (e.g., if he is asserting that he is “homeless” because he does not
own his own home, but instead is renting an apartment unit or living with a family member or a friend), especially in
view of official records reflecting a residential address for him. Further, we note that service of the NAL and Forfeiture
Order
were sent to Mr. Davis’s residential address of record by both first class mail and certified mail, return receipt
requested, and Mr. Davis does not dispute that proper service was completed.

Federal Communications Commission

DA 12-1534

according to generally accepted accounting principles (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the individual’s or entity’s current financial status.8 Any claim of
inability to pay must specifically identify the basis for the claim by reference to the financial
documentation submitted.9 Further, in general, an individual’s or entity’s gross revenues are the best
indicator of its ability to pay a forfeiture.10 Mr. Davis, however, has not provided any financial or other
documentation to support or corroborate his asserted financial status.11 In the absence of any supporting
financial or other reliable documentation, we simply have no basis by which to evaluate Mr. Davis’s
inability to pay claim and are constrained by the limited record before us.12 We therefore deny the Petition
and affirm the Forfeiture Order.
4.
Accordingly,

IT IS ORDERED

, pursuant to Section 405 of the Act,13 and Section 1.106
of the Rules,14 that the petition for reconsideration filed by Neal Davis

IS DENIED

.
5.

IT IS ALSO ORDERED

that, pursuant to Section 503(b) of the Act, and Sections 0.111,
0.311, and 1.80(f)(4) of the Rules,15 Neal Davis

IS LIABLE FOR A MONETARY FORFEITURE

in
the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.16
6.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Rules within thirty (30) calendar days after the release date of this Memorandum Opinion and Order.17 If
the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of
Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Act.18 Neal Davis shall send
electronic notification of payment to SCR-Response@fcc.gov on the date said payment is made.
The payment must be made by check or similar instrument, wire transfer, or credit card, and must include
the NAL/Account number and FRN referenced above. Regardless of the form of payment, a completed
FCC Form 159 (Remittance Advice) must be submitted.19 When completing the FCC Form 159, enter the
Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in block number


8 NAL, 26 FCC Rcd at 14378, para. 11. See Greenwood Acres Baptist Church, Memorandum Opinion and Order, 22
FCC Rcd 1442, 1448, para. 20 (specifying same).
9 Id.
10 See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088, 2089 (Enf. Bur.
1992); Local Long Distance, Inc., Order of Forfeiture, 15 FCC Rcd 24385 (Enf. Bur. 2000); Hoosier Broadcasting
Corporation,
Memorandum Opinion and Order, 15 FCC Rcd 8640 (Enf. Bur. 2002). See also 47 C.F.R. 1.80(f)(3).
11 After Mr. Davis filed his Petition, the Bureau’s Miami Office sent two letters to Mr. Davis, requesting
documentation of his gross revenues. See Letter from Stephanie Dabkowski, Resident Agent, Miami Office, to Neal
Davis (May 3, 2012) (on file in EB-11-MA-0009); Letter from Stephanie Dabkowski, Resident Agent, Miami Office,
to Neal Davis (June 13, 2012) (on file in EB-11-MA-0009). To date, Mr. Davis has not responded.
12 See, e.g., Bureau D’Electronique Appliquee, Inc., Forfeiture Order, 20 FCC Rcd 17893 (Enf. Bur. 2005) (denying
inability to pay claim because company failed to provide supporting financial documentation).
13 See 47 U.S.C. § 405.
14 See 47 C.F.R. § 1.106.
15 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
16 47 U.S.C. § 301.
17 47 C.F.R. § 1.80.
18 47 U.S.C. § 504(a).
19 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
2

Federal Communications Commission

DA 12-1534

24A (payment type code). Below are additional instructions you should follow based on the form of
payment you select:
Ÿ
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
Ÿ
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank
at (314) 418-4232 on the same business day the wire transfer is initiated.
Ÿ
Payment by credit card must be made by providing the required credit card information on
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.
The completed Form 159 must then be mailed to Federal Communications Commission, P.O.
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101.
7.
Any request for full payment under an installment plan should be sent to: Chief Financial
Officer—Financial Operations, Federal Communications Commission, 445 12th Street, S.W., Room 1-
A625, Washington, D.C. 20554.20 If you have questions regarding payment procedures, please contact
the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov.
8.

IT IS FURTHER ORDERED

that this Memorandum Opinion and Order shall be sent
by both First Class Mail and Certified Mail, Return Receipt Requested, to Neal Davis at his address of
record.

FEDERAL COMMUNICATIONS COMMISSION

P. Michele Ellison
Chief, Enforcement Bureau


20 See 47 C.F.R. § 1.1914.
3

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