Federal Communications Commission DA 12-1133
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
McArthur Bussey
Fort Lauderdale, Florida
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File No.:  EB-FIELDSCR-12-00000830
NAL/Acct. No.:  201232600015
FRN:  0021910245
    
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  July 16, 2012 Released:  July 16, 2012
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that McArthur Bussey 
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 89.1 MHz in Fort Lauderdale, Florida.  
We conclude that Mr. Bussey is apparently liable for a forfeiture in the amount of fifteen thousand dollars 
($15,000).
II. BACKGROUND
2. On November 3, 2011, and February 15, 2012, agents from the Enforcement Bureau’s 
Miami Office (Miami Office) used direction-finding techniques to locate the source of radio frequency 
transmissions on the frequency 89.1 MHz to a residence in Fort Lauderdale, Florida leased by Mr. Bussey.  
While monitoring the station on November 3, 2011, agents from the Miami Office heard a disc jockey (DJ) 
identify himself as “Real Deal.”  On February 15, 2012, the agents determined that the signals being 
broadcast exceeded the limits for operation under Part 15 of the Commission’s rules (Rules),
2
and therefore 
required a license.  Commission records showed that no authorization was issued to Mr. Bussey or to 
anyone else for operation of an FM broadcast station at or near this address.  
3. An agent from the Miami Office also found information on the Internet connecting Mr. 
Bussey to the unlicensed station.  The “Real Deal” Facebook page contained an advertisement for an after 
party, which stated “Come Celebrate with DJ Real Deal” over a photograph of “Real Deal” that matched 
Mr. Bussey’s Florida driver’s license photograph.
3
  The advertisement also stated to call Mr. Bussey’s 
phone number “FOR INFO.”
4
  The Facebook page for “Real Deal” also listed the webpage for the 
                                                          
1
47 U.S.C. § 301.
2
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.
3
See Facebook, http://www.facebook.com/891FM (last visited Feb. 22, 2012).
4
Id.  See also Lexis Nexis Investigative Portal Homepage, 
http://www.lexisnexis.com/government/solutions/investigative/ (last visited (Feb. 22, 2012).
Federal Communications Commission DA 12-1133
unlicensed station, 891radio.net, as the contact information website.
5
  The domain name, 891radio.net, was 
registered to Mr. Bussey’s leased residence, the location of the unlicensed station.
6
  The unlicensed station’s 
webpage also contained the same photograph of Mr. Bussey as the Facebook page advertisement and stated 
“Call or Text” Mr. Bussey’s phone number.
7
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.
8
  Section 312(f)(1) of the Act defines “willful” as the 
“conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate” the law.
9
  
The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to both 
Sections 312 and 503(b) of the Act,
10
and the Commission has so interpreted the term in the Section 503(b) 
context.
11
  The Commission may also assess a forfeiture for violations that are merely repeated, and not 
willful.
12
  The term “repeated” means the commission or omission of such act more than once or for more 
than one day.
13
A. Unlicensed Broadcast Operations
5. The evidence in this case is sufficient to establish that Mr. Bussey 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.
14
  As the record reflects, on 
November 3, 2011, and February 15, 2012, agents from the Miami Office determined that an unlicensed 
                                                          
5
See Facebook, http://www.facebook.com/891FM (last visited Feb. 22, 2012).  
6
See www.networksolutions.com/whois-search/891radio.net (last visited Feb. 22, 2012).
7
See http://www.891radio.net (last visited June 18, 2012).
8
47 U.S.C. § 503(b).
9
47 U.S.C. § 312(f)(1).
10
H.R. Rep. No. 97-765, 97
th
Cong. 2d Sess. 51 (1982) (“This provision [inserted in Section 312] defines the terms 
‘willful’ and ‘repeated’ for purposes of section 312, and for any other relevant section of the act (e.g., Section 503)   
. . . .  As defined[,] . . . ‘willful’ means that the licensee knew that he was doing the act in question, regardless of 
whether there was an intent to violate the law.  ‘Repeated’ means more than once, or where the act is continuous, for 
more than one day. Whether an act is considered to be ‘continuous’ would depend upon the circumstances in each 
case. The definitions are intended primarily to clarify the language in Sections 312 and 503, and are consistent with 
the Commission’s application of those terms . . . .”).
11
See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6 
FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
12
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 
1362, para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator’s 
repeated signal leakage). 
13
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.”  See Callais Cablevision, Inc., 16 FCC Rcd at 1362. 
14
47 U.S.C. § 301.
Federal Communications Commission DA 12-1133
radio station on the frequency 89.1 MHz operated from Mr. Bussey’s leased residence in Fort Lauderdale, 
Florida.  A review of the Commission’s records revealed that no license or authorization was issued to 
anyone to operate a radio station on 89.1 MHz at or near this location.  On November 3, 2011, agents from 
the Miami Office heard a DJ identify himself as “Real Deal” on 89.1 MHz.  The Facebook page for “Real 
Deal” and the unlicensed station’s webpage, 891radio.net, contain a photograph of Mr. Bussey and his 
phone number.  In addition, the webpage, 891radio.net, is also registered to Mr. Bussey’s leased residence.  
The totality of the evidence convinces us that Mr. Bussey is DJ “Real Deal” and that he operated the 
unlicensed station.  Because Mr. Bussey consciously operated the station and did so on more than one day, 
the apparent violation of the Act was both willful and repeated.  We therefore conclude, based on the 
evidence before us, that Mr. Bussey apparently willfully and repeatedly violated Section 301 of the Act by 
operating radio transmission equipment without the required Commission authorization.
B. Proposed Forfeiture Amount
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.
15
  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.
16
  We find that the violations here warrant a proposed forfeiture above 
the base amount.  Commission records show that the Miami Office previously issued a Notice of Unlicensed 
Operation to Mr. Bussey for operation of an unlicensed station on the same frequency (i.e., 89.1 MHz) at a 
different leased residence in Fort Lauderdale, Florida.
17
  The fact that Mr. Bussey continued to operate an 
unlicensed station after being put on notice that his actions contravened the Act, the Commission’s rules, 
and related Commission orders demonstrates a deliberate disregard for the Commission’s requirements.  
Thus, we find that an upward adjustment in the forfeiture amount of $5,000 is warranted.
18
  Applying the 
Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we 
conclude that Mr. Bussey is apparently liable for a forfeiture in the amount of $15,000.
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 Commission’s rules, 
McArthur Bussey is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Rules.
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8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission’s rules,
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture, 
                                                          
15
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), recons. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
16
47 U.S.C. § 503(b)(2)(E).
17
See Mcarthur Bussey, Notice of Unlicensed Operation (Enf. Bur. rel. Oct. 17, 2008) (on file in EB-08-MA-0146).
18
See Robert Brown, File No. EB-10-BS-0050, Memorandum Opinion and Order, DA 12-929 (Enf. Bur. June 22, 
2012), aff’g, Forfeiture Order, 26 FCC Rcd 6854 (Enf. Bur. 2011), aff’g, Notice of Apparent Liability for Forfeiture, 
25 FCC Rcd 13740 (Enf. Bur. 2010); Loyd Morris, File No. EB-09-BS-0046, Memorandum Opinion and Order, DA 
12-930 (Enf. Bur. June 22, 2012), aff’g, Forfeiture Order, 26 FCC Rcd 6856 (Enf. Bur. 2011), aff’g, Notice of 
Apparent Liability for Forfeiture, 25 FCC Rcd 13736 (Enf. Bur. 2010).  
19
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 12-1133
McArthur Bussey 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 check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account number and FRN referenced above.  McArthur Bussey
will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov.  
Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be 
submitted.
20
  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.
10. 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.
21
  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.
11. 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 1.16 and 1.80(f)(3) of the Rules.
22
  Mail the written statement to Federal Communications 
Commission, Enforcement Bureau, South Central Region, Miami Office, P.O. Box 520617, Miami, FL 
33152-0617, and include the NAL/Acct. No. referenced in the caption.  McArthur Bussey also shall e-mail 
the written response to SCR-Response@fcc.gov.
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.  
                                                          
20
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
21
See 47 C.F.R. § 1.1914.
22
47 C.F.R. §§ 1.16, 1.80(f)(3).
Federal Communications Commission DA 12-1133
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 Notice of Apparent Liability for 
Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and First Class Mail to McArthur 
Bussey at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Stephanie Dabkowski
Resident Agent
Miami Office
South Central Region
Enforcement Bureau