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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Samuel E. Dacres ) File Number EB-04-AT-127
)
Stone Mountain, GA ) NAL/Acct.No.200532480001
)
)
FRN: 0012556692
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 25, 2005
By the District Director, Atlanta Office, South Central
Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Samuel E. Dacres
apparently liable 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 (``Act'').1
Specifically, we find Mr. Dacres apparently liable
for operating an FM radio transmitter without a
license.
II. BACKGROUND
2. On August 5, 2004, an agent in the
Commission's Atlanta Field Office of the
Enforcement Bureau (``Atlanta Office'') received a
complaint regarding an unidentified station
operating on 101.1 MHz in Stone Mountain, Georgia.
On August 5 and 9, 2004, agents from the Atlanta
Office detected signals on 101.1 MHz and, using
mobile direction-finding techniques determined the
source of these signals to be 5567 Memorial Drive,
Suite G, Stone Mountain, Georgia. The agents
observed an antenna affixed to the top of the
building directly above Suite G, which is leased
by Sam E. Dacres. Based on field-strength
measurements of the signal taken by the agents on
August 9, 2004, the station required a Commission
authorization to operate.2 Because FCC records
showed that no license has been issued for the
operation of an FM broadcast station at this
location, the agents hand-delivered an unlicensed
warning letter to the station on August 9, 2004
and mailed an unlicensed warning letter to Mr.
Dacres at the station on August 11, 2004. On
August 12, 2004, the Atlanta Office received a
return receipt from the August 11, 2004 letter
signed by Mr. Dacres.
3. On September 27, 2004, Mr. Dacres admitted
that he was the owner of the transmitter located
at 5567 Memorial Drive, Suite G, Stone Mountain,
Georgia. The agents orally warned Mr. Dacres of
the consequences of unlicensed operation of an FM
broadcast station. Agents repeated their oral
warnings to Mr. Dacres on November 8 and December
8, 2004. On December 8, 2004, Mr. Dacres again
admitted that he operated the radio station
without a license. He also stated he was aware
that he was in violation of the Commission's
Rules.
4. On December 14, 2004 and January 4, 2005,
agents from the Atlanta Office again detected
transmissions on 101.1 MHz and, using mobile
direction-finding techniques, determined the
source of these signals to be 5567 Memorial Drive,
Suite G, Stone Mountain, Georgia. Based on field-
strength measurements of the signal taken by the
agents on January 4, 2005, the station required a
Commission authorization to operate.3 Another
unlicensed warning letter was posted on the door
of the station on January 4, 2005.
III. DISCUSSION
5. Section 301 of the Act states 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 granted under the provisions of the Act.
Agents from the Atlanta Office positively
identified the source of an FM signal transmitting
on 101.1 MHz on August 5, 2004, August 9, 2004,
December 14, 2004, and January 4, 2005 as 5567
Memorial Drive, Suite G, Stone Mountain, Georgia.
Agents conducted field strength measurements of
the signals on August 9, 2004 and January 4, 2005
and determined the station exceeded the legal
limit for an allowable low power non-licensed
transmitter. Therefore, a license was required
for operation of this station. No licenses have
been issued for an FM or LPFM station on 101.1 MHz
in the Stone Mountain or Atlanta areas. Mr.
Dacres is the only person leasing 5567 Memorial
Drive, Suite G. Mr. Dacres admitted to operating
the radio station without a license and
acknowledged that he was in violation of the
Commission's Rules. Furthermore, Mr.Dacres has
been warned orally and in writing of the possible
penalties for unlicensed operation of the station
on several occasions.
6. Based on the evidence before us, we find that
Samuel E. Dacres willfully3 and repeatedly4
violated Section 301 of the Act by operating an FM
radio transmitter without a license.
7. Pursuant to Section 1.80(b)(4) the Rules,
the base forfeiture amount for operation without
an instrument of authorization is $10,000.5 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,6 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 statutory factors
listed above, this case warrants a $10,000
forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934,
as amended,7 and Sections 0.111, 0.311 and 1.80 of
the Commission's Rules,8 Samuel E. Dacres is
hereby NOTIFIED of this 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, by operating an FM radio transmitter
without a license.
9. IT IS FURTHER ORDERED that, pursuant to
Section 1.80 of the Commission's Rules,10 within
thirty days of the release date of this NAL,
Samuel E. Dacres SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the
proposed forfeiture.
10. Payment of the forfeiture may be made by
mailing a check or similar instrument, payable to
the order of the Federal Communications
Commission. Payment b check or money order may be
mailed to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482.
Payment by overnight mail may be sent to
BankOne/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire
transfer may be made to ABA Number 071000013,
receiving bank Bank One, and account number
1165259. The payment should note the NAL/Acct.
No. [ ], and FRN [ ], referenced in the letterhead
above. Requests for payment of the full amount of
this NAL under an installment plan should be sent
to: Federal Communications Commission, Chief,
Revenue and Receivable Operations Group, 445 12th
street, SW, Washington, D.C. 20554.
11. The response, if any, must be mailed to
Federal Communications Commission, Enforcement
Bureau, South Central Region, Atlanta Office, 3575
Koger Blvd., Suite 320, Duluth, Georgia 30096
within thirty days of the release date of this NAL
and MUST INCLUDE THE NAL/Acct. No. referenced
above.
12. 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.
13. IT IS FURTHER ORDERED that a copy of this NAL
shall be sent by regular and Certified Mail Return
Receipt Requested to Samuel E. Dacres at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office
South Central Region
Enforcement Bureau
_________________________
147 U.S.C. § 301
2Section 15.239 of the Commission's Rules, 47 C.F.R. §
15.239, 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.
Measurements showed that the field strength of the station's
signal exceeded the permissible level for a non-licensed
low-power radio transmitter.
3Section 312(f)(1) of the Act, 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).
3Section 312(f)(1) of the Act, 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).
4Section 312(f)(2) of the Act, 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.''
547 C.F.R. § 1.80.
647 U.S.C. § 503(b)(2)(D).
747 U.S.C. § 503(b).
847 C.F.R. §§ 0.111, 0.311, 1.80.
1047 C.F.R. § 1.80.