Federal Communications Commission DA 11-831
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Thomas L. Morey
St. Petersburg, Florida
)
)
)
)
)
)
)
File No:  EB-10-TP-0108
NAL/Acct. No.:  201132700006
FRN:  0020835732
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  May 4, 2011 Released:  May 5, 2011
By the District Director, Tampa Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we find that Thomas L. Morey (“Mr. 
Morey”), apparently willfully and repeatedly violated section 301 of the Communications Act of 1934, as 
amended (“Act”),1 by operating an unlicensed radio transmitter on the frequency 88.3 MHz in St. 
Petersburg, Florida.  We conclude that Mr. Morey is apparently liable for a monetary forfeiture in the 
amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On August 13, 18, and 25, 2010, agents from the Enforcement Bureau’s Tampa Office 
(“Tampa Office”) used direction-finding techniques to locate the source of unidentified broadcast 
transmissions on the frequency 88.3 MHz to a residence in St. Petersburg, Florida, which Mr. Morey later 
admitted was his.2 The agents took field strength measurements and determined that the signals being 
broadcast exceeded the limits for operation under Part 15 of the Commission’s rules (“Rules”) and therefore 
required a license.3 A review of Commission records showed no authorization issued to Mr. Morey, or for 
any operation of an FM broadcast station on this frequency, at or near this address. On August 18, 2010, the 
agents heard a male voice on the air identify himself on 88.3 MHz as Disc Jockey (“DJ”) “Thomas.”
3. On August 31, 2010, agents from the Tampa Office inspected the unlicensed radio station 
located in the garage of Mr. Morey’s residence in St. Petersburg, Florida and interviewed Mr. Morey.  Mr. 
Morey admitted that he planned and constructed the station, operated it on the frequency 88.3 MHz, and 
DJ’d under the name “Thomas.”  Mr. Morey further said that he started his operation from the garage about 
2 to 3 weeks prior to August 31, 2010.  
  
1 47 U.S.C. § 301.
2 The agents observed an antenna mounted to a pole at his residence.
3 Part 15 of the Rules sets out the conditions and technical requirements under which certain radio transmission 
devices may be used without a license.  In relevant part, 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.
Federal Communications Commission DA 11-831
2
III. DISCUSSION
4. 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.4 The term “willful” as used in section 503(b) has been interpreted to 
mean simply that the acts or omissions are committed knowingly.5 The term “repeated” means the 
commission or omission of such act more than once or for more than one day.6
5. 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.7 On August 13, 18, and 25, 2010, agents from the Tampa 
Office determined that an unlicensed radio station was operating on the frequency 88.3 MHz from a 
garage behind Mr. Morey’s residence in St. Petersburg, Florida.  As discussed above, during the 
Commission’s inspection on August 31, 2010, Mr. Morey also admitted to operating the unlicensed radio 
station on the frequency 88.3 MHz from his garage for about two to three weeks prior to the date of the 
inspection. Because Mr. Morey consciously operated the station, we find the apparent violation willful.  
Because the operation occurred on more than one day, the apparent violation was repeated. Based on the 
evidence before us, we find Mr. Morey apparently willfully and repeatedly violated section 301 of the Act 
by operating radio transmission apparatus without a license on the frequency 88.3 MHz in St. Petersburg, 
Florida.
6. Pursuant to the Commission’s Forfeiture Policy Statement and section 1.80 of the Rules, 
the base forfeiture amount for operation without an instrument of authorization is $10,000.8 In assessing the 
monetary forfeiture amount, we must also take into account the statutory factors set forth in section 
503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the violations, 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.9 Applying the Forfeiture Policy Statement, section 1.80 of the Rules, 
and the statutory factors to the instant case, we conclude that Mr. Morey is apparently liable for a forfeiture 
in the amount of $10,000.
 
IV. ORDERING CLAUSES
7. 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 of the Rules, Thomas L. Morey 
  
4 47 U.S.C. § 503(b).
5 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, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), 
recond. denied, 7 FCC Rcd 3454 (1992).
6 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.” 
7 47 U.S.C. § 301.
8 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) (“Forfeiture Policy Statement”), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
9 47 U.S.C. § 503(b)(2)(E).
Federal Communications Commission DA 11-831
3
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.10
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules within thirty 
days of the release date of this Notice of Apparent Liability for Forfeiture, Thomas L. Morey SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.
9. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and the FRN referenced above.  Payment by check or money order may be mailed to 
Federal Communications Commission. P.O. BOX 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox  #979088, SL-MO-C2-GL,1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank Federal Reserve Bank of New York, and account number 27000001.  For 
payment by credit card, an FCC from 159 (Remittance Advice) must be submitted.  When completing the 
FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the 
letters “FORF” in block number 24A (payment type code).  Requests for full payment under an 
installment plan should be sent to: Chief Financial Officer—Financial Operations, 445 12th Street, S.W., 
Room 1-A625, Washington D.C. 20554.  If you have questions, please contact the Financial Operations 
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  Mr. Morey shall also send 
electronic notification on the date said payment is made to SCR-Response@fcc.gov. 
10. The written statement seeking reduction or cancellation of the proposed forfeiture, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to sections 1.80(f)(3) and 1.16 of the Rules.  The written statement, if any, should be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central Region, Tampa Office, 4010 W.  Boy 
Scout Blvd., Suite 425, Tampa, Florida 33607, along with the NAL/Acct. No. referenced in the caption.  
The written statement shall also be emailed to SCR-Response@fcc.gov.  
11. 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.  
  
10 47 U.S.C. § 301, 503(b), 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80.
Federal Communications Commission DA 11-831
4
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Thomas L. 
Morey at his address of record. 
FEDERAL COMMUNICATIONS COMMISSION
Ralph Barlow
District Director, 
Tampa Office
Southeast Region
Enforcement Bureau