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 Federal  Communications  Commission  DA  02-  1307 
 Federal  Communications  Commission  Washington,  D.  C.  20554 


 In  the  matter  of 
 Thomas  A.  Brothers  Berkley,  Michigan 
 )  ) 
 )  ) 
 ) 
 File  Number  EB-  01-  DT-  523  NAL/  Acct.  No.  200232360004 
 FRN:  0006-  1077-  26 


 FORFEITURE  ORDER 
 Adopted:  June  3,  2002  Released:  June  6,  2002 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Forfeiture  Order  (“  Order”),  we  issue  a  monetary  forfeiture  in  the  amount  of  ten  thousand  dollars  ($  10,000)  to  Thomas  A.  Brothers  (“  Brothers”)  for  willfully  and  repeatedly  violating 
 Section  301  of  the  Communications  Act  of  1934,  as  amended  (“  Act”).  1  The  noted  violation  involves  Brothers’s  operation  of  an  FM  station  on  88.3MHz  without  a  Commission  license. 


 2.  By  actions  dated  January  14,  2002,  and  January  28,  2002,  the  District  Director  of  the  Commission’s  Detroit,  Michigan  Office  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  to  Brothers 
 for  a  forfeiture  in  the  amount  of  ten  thousand  dollars  ($  10,000)  for  the  noted  violation.  2  Brothers  has  not  filed  a  response.  Based  on  the  information  before  us,  we  affirm  the  assessment  of  this  forfeiture. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  503(  b)  of  the  Act,  3  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the  Commission’s  Rules  (“  Rules”),  4  Thomas  A.  Brothers  IS 
 LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  ten  thousand  dollars  ($  10,000)  for  willfully  and  repeatedly  violating  Section  301  of  the  Act. 


 4.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.  80  of  the  Rules  5  within  30  days  of  the  release  of  this  Order.  If  the  forfeiture  is  not  paid  within  the  period  specified, 
 the  case  may  be  referred  to  the  Department  of  Justice  for  collection  pursuant  to  Section  504(  a)  of  the  Act.  6  Payment  may  be  made  by  mailing  a  check  or  similar  instrument,  payable  to  the  order  of  the  Federal 
 Communications  Commission,  to  the  Federal  Communications  Commission,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  should  note  NAL/  Acct.  No.  20023260004  and  FRN:  0006-  1077-  26. 


 1  47  U.  S.  C.  §  301. 
 2  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200232360004  (Enf.  Bur.,  Detroit  Office,  released 
 January  14,  2002);  Erratum,  NAL/  Acct.  No.  200232360004  (Enf.  Bur.,  Detroit  Office,  released  January  28,  2002)  (correcting  the  mistaken  proposed  forfeiture  amount  from  $11,  000  to  $10,  000,  i.  e,  the  correct  base  forfeiture  amount 


 for  operation  of  an  unlicensed  transmitter).  3 
 47  U.  S.  C.  §  503(  b).  4 
 47  C.  F.  R.  §§  0.111,  0.  311,  1.80(  f)(  4).  5 
 47  C.  F.  R.  §  1.80.  6 
 47  U.  S.  C.  §  504(  a). 
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 Federal  Communications  Commission  DA  02-  1307 
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 Requests  for  full  payment  under  an  installment  plan  should  be  sent  to:  Chief,  Revenue  and  Receivables  Operations  Group,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554.  7 
 5.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  First  Class  and  Certified  Mail  Return  Receipt  Requested  to  Thomas  A.  Brothers,  3845  Ellwood,  Berkley,  Michigan, 
 48072-  3123. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 7  See  47  C.  F.  R.  §  1.1914. 
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