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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Michael Gregory Miami, Florida ) ) ) ) ) ) File No.:
   EB-FIELDSCR-12-00001175 NAL/Acct. No.: 201232600014 FRN: 0021896253




                                FORFEITURE ORDER

   Adopted: March 8, 2013 Released: March 8, 2013

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of seven hundred fifty dollars ($750) to Michael Gregory
       for willfully and repeatedly violating Section 301  of the
       Communications Act of 1934, as amended (Act).^ The noted violations
       involved Mr. Gregory's operation of an unlicensed radio station on the
       frequency 92.7 MHz in Miami, Florida.

   II. BACKGROUND

    2. On July 11, 2012, the Enforcement Bureau's Miami Office (Miami Office)
       issued a Notice of Apparent Liability for Forfeiture  (NAL) ^ for ten
       thousand dollars ($10,000) to Mr. Gregory for operating an unlicensed
       radio station in Miami.^ In response to the NAL, Mr. Gregory does not
       deny the violations, but requests cancellation or reduction of the
       forfeiture based on inability to pay.^

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act,^ Section 1.80 of the Commission's
       rules (Rules),^ and the Forfeiture Policy Statement.^ In examining Mr.
       Gregory's response, Section 503(b)(2)(E) of the Act requires that the
       Commission 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.^

    4. We affirm the NAL's finding that Mr. Gregory violated Section 301 of
       the Act.^ Section 301 of the Act states 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 granted under the
       provisions of the Act.^ As reflected in the NAL, on March 7 and April
       27, 2012, agents from the Miami Office observed an unlicensed radio
       station on the frequency 92.7 MHz operating from a commercial building
       in Miami, Florida. On April 27, 2012, Mr. Gregory admitted that he
       operated the unlicensed radio station from his rented commercial
       suite. In addition, a review of the Commission's records confirms that
       Mr. Gregory did not have a license to operate a radio station on this
       frequency, at this location. Based on the undisputed evidence, we
       conclude that Mr. Gregory willfully and repeatedly violated Section
       301 of the Act by operating radio transmission equipment without the
       required Commission authorization.

    5. In response to the NAL, Mr. Gregory nonetheless requests cancellation
       or reduction of the $10,000 forfeiture, asserting that his financial
       circumstances make it difficult for him to pay the forfeiture. With
       regard to an individual's or entity's inability to pay claim, the
       Commission has determined that, in general, gross income or revenues
       are the best indicator of an ability to pay a forfeiture.^ Based on
       the financial documents provided by Mr. Gregory, we find sufficient
       basis to reduce the forfeiture to $750.^ However, we caution Mr.
       Gregory that a party's inability to pay is only one factor in our
       forfeiture calculation analysis, and is not dispositive.^ We have
       previously rejected inability to pay claims in cases of repeated or
       otherwise egregious violations.^ Therefore, future violations of this
       kind may result in significantly higher forfeitures that may not be
       reduced due to Mr. Gregory's financial circumstances.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Michael
       Gregory IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven
       hundred fifty dollars ($750) for violations of Section 301 of the
       Act.^

    7. 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 Forfeiture Order.^  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.^  Michael Gregory 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.^ 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 24A (payment type code).   Below are additional
       instructions you should follow based on the form of payment you
       select:

     * 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.

     * 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.

     * 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.

   8. 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.^  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, [1]ARINQUIRIES@fcc.gov.

   9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class and Certified Mail, Return Receipt Requested, to Michael
   Gregory at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 301.

   ^ Michael Gregory, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd
   7600 (Enf. Bur. 2012) (NAL). A comprehensive recitation of the facts and
   history of this case can be found in the NAL and is incorporated herein by
   reference.

   ^ See Letter from Michael Gregory to Miami Office, South Central Region,
   Enforcement Bureau (Aug. 8, 2012) (on file in EB-FIELDSCR-12-00001175)
   (NAL Response).

   ^ 47 U.S.C. S 503(b).

   ^ 47 C.F.R. S 1.80.

   ^ The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See NAL, supra note 2.

   ^ 47 U.S.C. S 301.

   ^ See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   ^ This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 10. If Mr.
   Gregory finds it financially infeasible to make full payment of this
   amount within 30 days, he can request an installment plan, as described in
   paragraph 8, infra, of this Forfeiture Order.

   ^ See 47 U.S.C. S 503(b)(2)(E) (requiring Commission 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 such other matters as justice may require).

   ^ See, e.g., Whisler Fleurinor, File No. EB-11-MA-0123, Forfeiture Order,
   DA 13-175, 2013 WL 485239 (Enf. Bur. Feb. 8, 2013) (rejecting inability to
   pay claim because violator's demonstrated inability to pay was outweighed
   by the gravity of repeated operation of an unlicensed radio station).
   Accord Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011)
   (holding that violator's repeated acts of malicious and intentional
   interference outweigh evidence concerning his ability to pay), aff'd,
   Memorandum Opinion and Order, DA 13-199 (Enf. Bur. Feb. 15, 2013); Hodson
   Broadcasting Corp., Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur.
   2009) (holding that permittee's continued unauthorized operation
   outweighed its inability to pay claim).

   ^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4).

   ^ 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 504(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 13-357

   2

   Federal Communications Commission DA 13-357

References

   Visible links
   1. mailto:ARINQUIRIES@fcc.gov