Federal Communications Commission FCC 24-11 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Cameron Brown ) File No.: EB-FIELDSCR-23-00034972 North Miami, Florida ) NAL/Acct. No.: 202432020001 ) FRN: 0034792200 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 25, 2024 Released: January 26, 2024 By the Commission: Chairwoman Rosenworcel issuing a statement. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we propose a penalty of $358,665 against Cameron Brown (Brown) for operating an unauthorized radio station on 89.5 MHz in Miami-Dade County in Florida, by which Brown apparently willfully and knowingly did or caused pirate radio broadcasting during the period from February 10, 2023 to March 4, 2023, resulting in three days of apparent violations. As far as back as 2016, Brown has engaged in the longstanding illicit operation of an unauthorized radio station known as “The Plug.” Operating an unauthorized, or pirate, radio station is illegal under the Communications Act of 1934, as amended (Communications Act or Act)1 and undermines the primary mission of the Federal Communications Commission (FCC or Commission) to manage radio spectrum. Such illegal operations can interfere with licensed communications, including authorized broadcasts and communications by public safety entities. Moreover, such illegal operations pose a danger to the public because they interfere with licensed stations that inform their listeners of important public safety messages, including Emergency Alert System transmissions that provide vital information regarding weather events and other dangers to the public. Accordingly, enforcement action here is essential. II. BACKGROUND A. Legal Framework 2. On January 24, 2020, Congress passed the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act), which was subsequently codified as section 511 of the Communications Act.2 Section 511 states that any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,000,000 and not more than $100,000 for each day during which such offense occurs.3 Both of these figures are subject to annual 1 47 U.S.C. § 511. 2 Preventing Illegal Radio Abuse Through Enforcement Act, Pub. L. 116-109, 134 Stat. 3 (2020) (codified at 47 U.S.C. § 511). 3 47 U.S.C. § 511(a)-(b). Prior to the passage of the PIRATE Act, the maximum monetary penalty for pirate radio transmissions was $151,005. See 47 CFR §1.80(b)(9)(ii) (2019); see also Acerome Jean Charles, Notice of Apparent Liability for Forfeiture, 34 FCC Rcd 12744 (2019) (proposing a penalty of $151,005), consent decree adopted, Order, 35 FCC Rcd 6878 (2020). In 2020, that maximum limit was increased to $2,000,000. See 47 U.S.C. § 511. Federal Communications Commission FCC 24-11 inflation adjustments.4 Section 511 defines pirate radio broadcasting as “the transmission of communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission, but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.”5 Part 15, among other requirements, states that unlicensed operators in the FM band must not transmit over a certain low-power limit.6 B. Factual Background 1. Pre-PIRATE Act Investigation 3. Brown has been directly involved in the operation of a pirate radio station (Station) on 89.5 MHz in the Miami, Florida area for years. The Station is known as “The Plug”7 and Enforcement Bureau (Bureau) field agents (Agents) have confirmed that the Station has continually identified itself on- air as The Plug since at least 2017. 4. The Bureau first became aware of Brown’s Station on April 23, 2016, based on a consumer complaint of a pirate radio station on 89.5 MHz in the Miami area. Agents from the Bureau’s Miami Field Office (Miami Office) traced the source of radio transmissions on 89.5 MHz to {[ ]} NW 12th Ct., Miami, Florida (12th Court Site). The Agents took field strength measurements of the Station’s signal and determined that it exceeded the limits for operation under part 15 of the Commission’s rules.8 A review of Commission records revealed no authorization for any FM broadcast station to operate at or near the 12th Court Site on any frequency. Agents also consulted public records and determined that Brown resided at the 12th Court Site. 5. Between April 23, 2016, and October 19, 2019, using direction-finding techniques, Agents from the Miami Office traced the source of the 89.5 MHz transmissions multiple times to various locations in the Miami, Florida area.9 Each time, Agents took field strength measurements and determined that the signal strength exceeded the limits for operation under part 15 of the Commission’s rules.10 A review of Commission records revealed no authorization for any FM broadcast station to 4 See 47 CFR § 1.80(b)(6) (setting the current inflation adjusted statutory maximum for a violation of 47 U.S.C. § 511(a) at $2,391,097 and 47 U.S.C. § 511(b) at $119,555); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 23-1198, 2023 WL 8889597 (EB Dec. 22, 2023); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 89 Fed. Reg. 2148 (Jan. 12, 2024) (setting Jan. 15, 2024 as the effective date for the increases). 5 47 U.S.C. § 511(h). 6 47 CFR § 15.239(b) (stating that the field strength of any emissions in the 88-108 MHz band shall not exceed 250 microvolts/meter at 3 meters). 7 The Station has also been referred to as The Plug FM. 8 Section 15.239 of the Commission’s 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 microvolts per meter (“μV/m”) at three meters. 47 CFR § 15.239(b). 9 Agents traced the source to the following locations: {[ ]} NW 12th Ct., Miami, Florida (April 23, 2016; August 24, 2017; October 28, 2017; July 21, 2019; and October 19, 2019); 17200 NW 37th Avenue, Miami Gardens, Florida (June 12, 2017; July 19, 2017; and July 22, 2017); 20001 N.W. 39th Ct., Miami Gardens, Florida (December 5, 2017; February 10, 2018; June 14, 2018; July 26, 2018; November 27, 2018; and February 27, 2019); 9900 N.W. 8th Avenue, Miami, Florida (May 3, 2018); and 1351 NE Miami Gardens Drive, Miami, Florida (September 8, 2018; September 18, 2018; October 3, 2018; and November 5, 2018). 10 47 CFR § 15.239(b). 2 Federal Communications Commission FCC 24-11 operate at or near any of those locations on any frequency. In response to these violations, the Bureau issued three Notices of Unlicensed Operation to Brown.11 6. During the course of their investigation, on July 22, 2017, Agents spoke with Brown, who admitted that he was known as “DJ Fresh” and that he operated the radio station on 89.5 MHz. He stated that he knew it was illegal, but said he wanted “to do something for the community.” The Agents warned Brown that it was a violation to operate an unlicensed station, advised him to remove the radio transmitting equipment they had located, and not to operate the Station from there or anywhere else in the future. Throughout their investigation, Agents listened to and recorded12 the audio programming on frequency 89.5 MHz, heard the station identified as The Plug,13 heard the operator identify himself as DJ Fresh,14 and heard the station’s phone number announced as 561-600-87{[ ]}.15 Agents confirmed that Brown was DJ Fresh and the operator of the Station operating on 89.5 MHz based on numerous webpages that contained photos of Brown showing that he was DJ Fresh and the operator of The Plug, as well as photos of Brown with the Station’s phone number, 561-600-87{[ ]}.16 2. PIRATE Act Investigation 7. The PIRATE Act, among other provisions, codified the definition of pirate radio,17 increased fines for pirate radio operators,18 and granted the Commission new enforcement authority to assess forfeitures against any person who permits the operation of pirate radio broadcasting, such as the property owners whose property is used for pirate radio broadcasting.19 8. On February 20 and 24, 2020, Agents from the Miami Office monitored the frequency 89.5 MHz in Miami, Florida, and, using direction-finding techniques, traced the source of the signal to 3230 NW 82nd St., Miami, Florida (82nd Street Site). The Agents, on each day, took field strength measurements of the Station’s signal and determined that it exceeded the limits for operation under part 15 of the Commission’s Rules.20 Agents listened to and recorded the audio on 89.5 MHz and heard the 11 Cameron Brown, Hand Delivered - Notice of Unlicensed Operation (Miami Office, July 22, 2017) (on file EB- FIELDSCR-17-00024574); Cameron K. Brown, Miami, Florida, 2017 WL 3485141 (Atlanta Office, Aug. 11, 2017); Cameron K. Brown, Miami, Florida, 2018 WL 2393178 (Atlanta Office, May 22, 2018). 12 Audio recordings on file EB-FIELDSCR-17-00024574. 13 The dates the Station announced as The Plug include: June 29, 2017; July 22, 2017; October 28, 2017; November 15, 2017; December 5, 2017; January 25, 2018; February 10, 2018; May 3, 2018; June 13, 2018; June 14, 2018; July 26, 2018; September 8, 2018; September 18, 2018; October 3, 2018; November 5, 2018; November 27, 2018; and October 19, 2019. 14 The dates the operator identified himself as DJ Fresh include: June 29, 2017; November 15, 2017; January 25, 2018; May 3, 2018; June 13, 2018; February 27, 2019; July 21, 2019; and October 19, 2019. 15 The dates the Station’s phone number was announced as 561-600-87{[ ]} include: June 29, 2017; May 3, 2018; September 8, 2018; September 18, 2018; October 3, 2018; and November 5, 2018. 16 Images on file EB-FIELDSCR-17-00024574. For example, Brown’s Facebook page contained several posts by Brown from Friday, July 5, 2019 to Sunday, July 7, 2019, indicating that his station, The Plug FM, was on the air on 89.5 MHz during those dates and asking listeners to tune in. Additionally, June 26, 2017 and November 1, 2017, posts on the Facebook page of The Plug contained overlay text of the Station’s phone number over the face of Brown. See also, Cameron Brown (followdjfresh), Facebook, https://www.facebook.com/followdjfresh, and The Plug, Facebook, https://www.facebook.com/ThePlugFMMiami. 17 47 U.S.C. § 511(h). 18 Id. § 511(a)-(b). 19 See 47 U.S.C. § 511(a) (“Any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,000,000.”) (emphasis added). 20 47 CFR § 15.239(b). 3 Federal Communications Commission FCC 24-11 Station identify as 89.5 Plug FM. A review of Commission records revealed no authorization for any FM broadcast station to operate at or near the 82nd Street site on any frequency. COVID-19 travel restrictions prevented further investigation at that time. 9. On January 14, 2023, Agents from the Miami Office monitored the frequency 89.5 MHz in Miami, Florida. Agents listened to and heard the Station continue to identify itself as “The Plug.” 10. On February 10, 2023, Agents from the Miami Office monitored the frequency 89.5 MHz in Miami, Florida, and, using direction-finding techniques, traced the source of the signal to 1041 NW 135th St., North Miami, Florida (135th Street Site). The Agents took field strength measurements of the Station’s signal and determined that it exceeded the limits for operation under part 15 of the Commission’s Rules.21 A review of Commission records revealed no authorization for any FM broadcast station to operate at or near the 135th Street Site on any frequency. 11. On February 25, and March 4, 2023, Agents from the Miami Office monitored the frequency 89.5 MHz, and, using direction-finding techniques, traced the source of the signal to the 135th Street Site. The Agents took field strength measurements of the Station’s signal and determined that it exceeded the limits for operation under part 15 of the Commission’s rules.22 12. In April 2023, an Agent from the Miami Office searched the internet for websites and social media related to Brown, DJ Fresh, and The Plug FM. This search revealed multiple identical photographs of Brown posted on the Instagram account of DJ Fresh and the Facebook page of The Plug, as well as text of Brown promoting the Station on 89.5 MHz on the Facebook page of The Plug.23 On June 2, 2023, Brown posted on his Facebook page celebrating the nine-year anniversary of his pirate radio station and indicating that the Station’s current studio is in Miami Gardens, Florida.24 III. DISCUSSION 13. We find that Brown apparently willfully and knowingly violated section 511 of the Act25 by operating a pirate radio station, the Plug FM, on 89.5 MHz on February 10, February 25, and March 4, 2023. On each of these dates, Agents observed Brown’s Station operating at the 135th Street site on 89.5 MHz. Agents performed field strength measurements and determined that these transmissions exceeded the limits for operation under part 15 of the Commission’s rules.26 A review of Commission records does not reveal an authorization for any FM broadcast station to operate at or near the 135th Street Site at any time relevant to the violations discussed in this NAL. Evidence collected by the Agents shows that Brown is DJ Fresh, the operator of the Station.27 Accordingly, the Commission finds that 21 Id. 22 Id. 23 See e.g., The Plug FM, Facebook, https://www.facebook.com/photo/?fbid=595721442559995 (last visited July 3, 2023); https://www.facebook.com/photo/?fbid=588205566644916 (last visited July 3, 2023); https://www.facebook.com/photo/?fbid=463522532446554 (last visited July 3, 2023); DJ Fresh (followdjfresh), Instagram, https://www.instagram.com/p/CmostCpLKCW/ (last visited July 3, 2023); https://www.instagram.com/p/CmUCc39LFXl/, https://www.instagram.com/p/CgtL11pOC-0/ (last visited July 3, 2023). 24 Cameron Brown (followdjfresh), Facebook, https://www.facebook.com/followdjfresh/posts/pfbid0fPXvfzSXrYoZcXJ3FEnBBq5QCe6VRFS2hsNze6DJBFEnD sqG7mB1jk9BgjegWFsel (last visited July 3, 2023). 25 47 U.S.C. § 511. 26 47 CFR §§ 15.209(a), 15.239(b); see also 47 U.S.C. § 511(h) (stating that pirate radio broadcasting “does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations”). 27 See supra para. 12. 4 Federal Communications Commission FCC 24-11 Brown’s actions on February 10, February 25, and March 4, 2023, constituted pirate radio broadcasting in apparent violation of section 511 of the Act.28 A. Proposed Forfeiture 14. Section 511 of the Act authorizes the Commission to impose a forfeiture against any person “who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting.”29 In exercising our forfeiture authority, we consider 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.”30 We may adjust a forfeiture downward for minor violations, good faith or voluntary disclosure, a history of overall compliance, or an inability to pay.31 15. Section 511 of the Act and section 1.80 of the Commission’s rules authorize enhanced penalties for pirate radio broadcasting.32 Under these sections, any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $119,555 for each day during which the offense occurs, but not more than $2,391,097 in total.33 16. The primary intent of the PIRATE Act is to increase financial penalties for pirate radio broadcasting.34 Accordingly, as explained in two recent notices of apparent liability for forfeiture under the PIRATE Act, we impose a base forfeiture of $20,00035 (twice the pre-PIRATE Act base forfeiture level) for each of the three days that Brown apparently willfully and knowingly violated section 511 of the Act for a total proposed base forfeiture of $60,000.36 17. Moreover, given the particular facts of this case, and consistent with the Forfeiture Policy Statement,37 we conclude that a significant upward adjustment is warranted. First, we find that Brown’s conduct was intentional. Brown had been warned three times since 2017 that his conduct was illegal,38 but he nonetheless chose to continue to operate without authorization. In addition, we find that an upward adjustment is warranted based on Brown’s history of prior violations of the Act discovered by 28 47 U.S.C. § 511(a), (h). 29 47 U.S.C. § 511(a). 30 47 CFR § 1.80(b)(11). 31 Id. 32 47 U.S.C. § 511; 47 CFR § 1.80(b)(6). 33 47 U.S.C. § 511(a)-(b); see 47 CFR § 1.80(b)(6) (setting the current inflation adjusted statutory maximum for a violation of 47 U.S.C. § 511(a) at $2,391,097 and 47 U.S.C. § 511(b) at $119,555); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 23-1198, 2023 WL 8889597 (EB Dec. 22, 2023); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 89 Fed. Reg. 2148 (Jan. 12, 2024) (setting Jan. 15, 2024 as the effective date for the increases). 34 See S. Rep. No. 116-178, 1 (2019) (“The purpose of S. 1228, the Preventing Illegal Radio Abuse Through Enforcement Act or PIRATE Act, is to increase the financial penalties for pirate radio broadcasting.”). 35 The Commission first used this base forfeiture amount in two prior Notices of Apparent Liability for Forfeiture. See César Ayora and Luis Angel Ayora, Queens, New York, Notice of Apparent Liability for Forfeiture 2023 WL 2560017, at *5 (Mar. 15, 2023); Thomas Barnes, La Grande, Oregon, Notice of Apparent Liability for Forfeiture 2023 WL 2560016, at *4 (Mar. 15, 2023). 36 See 47 U.S.C. § 511. 37 See 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, 17101, para. 27 (1997) (Forfeiture Policy Statement), recons. denied, Memorandum Opinion and Order, 15 FCC Rcd 303 (1999); 47 CFR § 1.80(b)(11). 38 See supra note 11. 5 Federal Communications Commission FCC 24-11 Commission Agents from 2016 to 2023.39 Based on the severity of the facts underlying these factors, we propose the maximum penalty of $119,55540 for each day of the three days during which Brown operated his pirate radio station in February and March 2023 for a total penalty of $358,665. In applying the applicable statutory factors, we also consider whether there is any basis for a downward adjustment of the proposed forfeiture. We find none. After applying section 1.80 of the Commission’s rules and the statutory factors, and consistent with the Forfeiture Policy Statement, Brown is apparently liable for a proposed total monetary forfeiture of $358,665.41 IV. CONCLUSION 18. We have determined that Cameron Brown apparently willfully and knowingly did or caused pirate radio broadcasting in violation of section 511 of the Act. As such, Cameron Brown is apparently liable for a forfeiture of $358,665. V. ORDERING CLAUSES 19. Accordingly, IT IS ORDERED that, pursuant to section 511 of the Communications Act of 1934, as amended, 47 U.S.C. § 511, and section 1.80 of the Commission’s rules, 47 CFR § 1.80, Cameron Brown is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of three hundred fifty eight thousand six hundred sixty five dollars ($358,665) for willful and knowing violation of section 511 of the Act. 47 U.S.C. § 511. 20. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission’s rules, 47 CFR § 1.80, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture, Cameron Brown SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture consistent with paragraph 23. 21. In order for Cameron Brown to pay the proposed forfeiture, he shall notify the Office of the Field Director at field@fcc.gov of his intent to pay, whereupon an invoice will be posted in the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do. Upon payment, Brown shall send electronic notification of payment to the Office of the Field Director, Enforcement Bureau, Federal Communications Commission, at field@fcc.gov on the date said payment is made. Payment of the forfeiture must be made by credit card using CORES at https://apps.fcc.gov/cores/user Login.do, ACH (Automated Clearing House) debit from a bank account, or by wire transfer from a bank account. The Commission no longer accepts Civil Penalty payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:42 • Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. In the OBI field, enter the FRN(s) captioned above and the letters “FORF”. In addition, a completed Form 15943 or printed CORES form44 39 See supra paras. 4–11. 40 47 U.S.C. § 511(a); see 47 CFR § 1.80(b)(6) (setting the current inflation adjusted statutory maximum for a violation of 47 U.S.C. § 511(a) at $2,391,097 and 47 U.S.C. § 511(b) at $119,555); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 23-1198, WL 8889597 (EB Dec. 22, 2023); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 89 Fed. Reg. 2148 (Jan. 12, 2024) (setting Jan. 15, 2024 as the effective date for the increases). 41 Any entity that is a “Small Business Concern” as defined in the Small Business Act (Pub. L. 85-536, as amended) may avail itself of rights set forth in that Act, including rights set forth in 15 U.S.C. § 657, “Oversight of Regulatory Enforcement,” in addition to other rights set forth herein. 42 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6). 43 FCC Form 159 is accessible at https://www.fcc.gov/licensing-databases/fees/fcc-remittance-advice-form-159. 6 Federal Communications Commission FCC 24-11 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated. Failure to provide all required information in Form 159 or CORES may result in payment not being recognized as having been received. When completing FCC Form 159 or CORES, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN).45 For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer. • Payment by credit card must be made by using CORES at https://apps.fcc.gov/cores/user Login.do. To pay by credit card, log-in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the NAL Acct. No. The bill number is the NAL Acct. No. with the first two digits excluded (e.g., NAL 1912345678 would be associated with FCC Bill Number 12345678). After selecting the bill for payment, choose the “Pay by Credit Card” option. Please note that there is a $24,999.99 limit on credit card transactions. • Payment by ACH must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by ACH, log in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the NAL Acct. No. The bill number is the NAL Acct. No. with the first two digits excluded (e.g., NAL 1912345678 would be associated with FCC Bill Number 12345678). Finally, choose the “Pay from Bank Account” option. Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions. 22. Any request for making full payment over time under an installment plan should be sent to: Chief Financial Officer—Financial Operations, Federal Communications Commission, 45 L Street, N.E., Washington, D.C. 20554.46 Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov. 23. 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(g)(3) of the Commission’s rules.47 The written statement must be mailed to the Office of the Secretary, Federal Communications Commission, 45 L Street, N.E., Washington, D.C. 20554, ATTN: Enforcement Bureau – Office of the Field Director, and must include the NAL/Account Number referenced in the caption. The statement must also be e-mailed to the Office of the Field Director at field@fcc.gov. (Continued from previous page) 44 Information completed using the Commission’s Registration System (CORES) does not require the submission of an FCC Form 159. CORES is accessible at https://apps.fcc.gov/cores/userLogin.do. 45 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 46 See 47 CFR § 1.1914. 47 Id. §§ 1.16, 1.80(g)(3). 7 Federal Communications Commission FCC 24-11 24. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits the following documentation: (1) federal tax returns for the past three years; (2) financial statements for the past three years prepared according to generally accepted accounting practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status.48 Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation. Inability to pay, however, is only one of several factors that the Commission will consider in determining the appropriate forfeiture, and we retain the discretion to decline reducing or canceling the forfeiture if other prongs of 47 U.S.C. § 503(b)(2)(E) support that result.49 25. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by first class mail and certified mail, return receipt requested, to Cameron Brown at {[ ]} NW 12TH Ct., Miami, Florida, 33167-4045. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 48 47 U.S.C. § 503(b)(2)(E). 49 See, e.g., Ocean Adrian Hinson, Surry County, North Carolina, Forfeiture Order, 34 FCC Rcd 7619, 7621, para. 9 & n.21 (2019); Vearl Pennington and Michael Williamson, Forfeiture Order, 34 FCC Rcd 770, paras. 18–21 (2019); Fabrice Polynice, Harold Sido and Veronise Sido, North Miami, Florida, Forfeiture Order, 33 FCC Rcd 6852, 6860–62, paras. 21–25 (2018); Adrian Abramovich, Marketing Strategy Leaders, Inc., and Marketing Leaders, Inc., Forfeiture Order, 33 FCC Rcd 4663, 4678-79, paras. 44-45 (2018); Purple Communications, Inc., Forfeiture Order, 30 FCC Rcd 14892, 14903-904, paras. 32-33 (2015); TV Max, Inc., et al., Forfeiture Order, 29 FCC Rcd 8648, 8661, para. 25 (2014). 8 Federal Communications Commission FCC 24-11 STATEMENT OF CHAIRWOMAN JESSICA ROSENWORCEL Re: In the Matter of Cameron Brown, North Miami, Florida, Notice of Apparent Liability for Forfeiture, File No.: EB-FIELDSCR-23-00034972 (January 25, 2024) In this series of enforcement actions, we propose fines against five unauthorized radio operators in Florida. These operators were not just using the public airwaves unlawfully, they were increasing the risk for harmful interference of authorized users. That is unacceptable. I want to thank the Field Regional Management and Agents in our Miami Field Office for their work on these investigations. This is a team on the front lines of enforcing our rules governing the public airwaves. I am grateful for their efforts, which have been boosted in a big way by congressional action in the PIRATE Act. I also want to thank those in Washington who took up their work and converted it into what we have here today, including Loyaan Egal, Jeremy Marcus, Matthew Gibson, Ryan McDonald, Michael Rhodes, David Marks, Robert Keller, and Reggie Breshears from the Enforcement Bureau; and William Dever and David Konczal from the Office of General Counsel. 9