Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Jerry and Deborah Stevens
Austin, Texas
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File Number: EB-09-HU-0065
NAL/Acct. No. 201032540002
FRN 0019271485
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 10, 2009
By the Resident Agent, Houston Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Jerry and Deborah 
Stevens 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 90.1 MHz in Austin, Texas.  
We conclude, pursuant to Section 503(b) of the Act,2 that Jerry and Deborah Stevens are apparently liable 
for a forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On August 27, 2009, in response to a complaint about an unlicensed radio station in the 
Austin, Texas area, agents from the Commission’s Houston Office of the Enforcement Bureau (“Houston 
Office”) confirmed by direction finding techniques that signals on the frequency 90.1 MHz were emanating 
from Jerry and Deborah Stevens’ residence in Austin, Texas.  The agents took field strength measurements 
of the signals and determined the signals exceeded the limits for operation under Part 15 of Commission’s 
Rules (“Rules”)3 and therefore, required a license.  A search of the Commission’s databases found no 
evidence of a Commission authorization for operation on 90.1 MHz at this location in Austin, Texas.
3. On August 31, 2009, the Houston Office issued a Notice of Unlicensed Operation to Jerry 
and Deborah Stevens warning them that the radio transmissions on 90.1 MHz from their residence were not 
authorized by the Commission and outlining possible penalties for continued unlicensed operation.  On 
  
1 47 U.S.C. § 301.
2 47 U.S.C. § 503(b).  
3 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 µV/m at three meters.  47 C.F.R. §15.239.  On August 27, 
2009, field strength measurements indicated that the signals were 1,110 times greater than the maximum permissible 
level for a non-licensed Part 15 transmitter.
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September 14, 2009, the Houston Office received a reply from Jerry and Deborah Stevens acknowledging 
receipt of the Notice of Unlicensed Operation and requesting additional time to provide information.  Jerry 
and Deborah Stevens were granted an additional thirty days to provide the Commission with information 
concerning authority to operate on the frequency 90.1 MHz from their residence.
4. On September 21, 2009, agents from the Houston Office confirmed by direction finding 
techniques that signals on the frequency 90.1 MHz were emanating from Jerry and Deborah Stevens’ 
residence in Austin, Texas.  The agents took field strength measurements of the signals and determined the 
signals exceeded the limits for operation under Part 15 of Commission’s Rules.4
5. On October 16, 2009, an agent from the Houston Office again confirmed by direction 
finding techniques that signals on the frequency 90.1 MHz were emanating from Jerry and Deborah 
Stevens’ residence in Austin, Texas.  The agent took field strength measurements of the signals and 
determined the signals exceeded the limits for operation under Part 15 of the Rules.5
6. On October 19, 2009, the Houston Office received a second response to the Notice of 
Unlicensed Operation from Jerry and Deborah Stevens.  In this response, Jerry and Deborah Stevens 
admitted operating radio transmitting equipment only within the boundaries of the State of Texas, and 
questioned the Commission’s jurisdiction over intrastate communications.
III. DISCUSSION
7. 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.  The term “willful” as used in Section 503(b) of the Act has been 
interpreted to mean simply that the acts or omissions are committed knowingly.6 The term “repeated” means 
the commission or omission of such act more than once or for more than one day.7
8. Section 301 of the Act8 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, specifically “from 
one place in any State, Territory, or possession of the United States or in the District of Columbia to another 
place in the same State, Territory, possession, or District,” or from one place within a State to another State, 
except under and in accordance with the Act and with a license granted under the provisions of the Act.  
Thus, Section 301 of the Act explicitly sets forth the Commission’s jurisdiction over all radio
  
4 On September 21, 2009, field strength measurements indicated that the signals were 1,225 times greater than the 
maximum permissible level for a non-licensed Part 15 transmitter.
5 On October 16, 2009, field strength measurements indicated that the signals were 1,547 times greater than the 
maximum permissible level for a non-licensed Part 15 transmitter.
6 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 Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
7 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.” 
8 47 U.S.C. § 301.
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transmissions, both interstate and intrastate.9  On August 27, September 21, and October 16, 2009, agents 
from the Houston Office determined that unlicensed radio transmissions on the frequency 90.1 MHz 
originated from Jerry and Deborah Stevens’ residence.  Jerry and Deborah Stevens were notified that the 
unlicensed radio transmissions violated the Act by a Notice of Unlicensed Operation dated August 31, 2009.  
Jerry and Deborah Stevens did not deny that they operated an unlicensed radio station from their residence, 
and admitted to operating a radio station solely within the borders of Texas.  Based on the evidence before 
us, we find that Jerry and Deborah Stevens apparently willfully and repeatedly violated Section 301 of the 
Act by operating radio transmission apparatus without a license on September 21, 2009 and October 16, 
2009.
9. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, (“Forfeiture Policy Statement”), and Section 1.80 of 
the Rules, the base forfeiture amount for operation without an instrument of authorization is $10,000.10 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, and history of prior offenses, ability to 
pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section 1.80 
of the Rules, and the statutory factors to the instant case, we conclude that Jerry and Deborah Stevens are 
apparently liable for a $10,000 forfeiture.
 
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Jerry and 
Deborah Stevens are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of ten thousand dollars ($10,000) for violations of Section 301of the Act.12
11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Jerry and Deborah 
Stevens SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture.
12. 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 FRN Number 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 TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 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. 20554.8  If you have questions, please contact the Financial Operations Group Help 
  
9 See Joseph Frank Ptak, Decision, 14 FCC Rcd 9317, 9320, para. 13 (1999).  See also U.S. v. Butterfield, 91 
F.Supp.2d 704 (D.VT 2000).
10 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80.
11 47 U.S.C. § 503(b)(2)(E).
12 47 U.S.C. §§ 301, 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80.
8 See 47 C.F.R. § 1.1914.
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Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  If payment is made, Jerry and Deborah 
Stevens will send electronic notification on the date said payment is made to SCR-Response@fcc.gov.
13. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, South Central Region, Houston Office, 9597 Jones Road, #362, Houston, Texas, 
77065 and must include the NAL/Acct. No. referenced in the caption.  
14. 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.  
15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Jerry and Deborah 
Stevens at their address of record. 
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
Resident Agent, 
Houston Office
South Central Region
Enforcement Bureau