5 November 2004

The FCC has upheld a $10,000 fine against a man it says ran an illegal
station out of a restaurant in Orlando, Fla.

Everald Oliver Brown had appealed the 2003 fine, arguing that he didn't
respond to the first notice issued after field agents spoke to him at the
station because he thought it was a warning only. He also said he was under
the impression someone was applying for a station license. The agency said
Brown indicated he would send his credit report to the commission, to back
up his claim that he could not afford to pay the penalty.

The commission says it didn't get that credit report and regardless of
whether he is the station owner, he was broadcasting illegally and is liable
for the $10,000.
The agency also upheld an earlier fine of $10,000 against David Michael Oaks
for operating an illegal station in Beaverton, Ore.

Oaks said he realized his transmitter was exceeding allowable power limits
for an unlicensed Part 15 transmitter, and he tried to lower the power each
time he received a notice to this effect but was confused about how far over
the limits his power levels were.

The commission didn't accept this argument and reaffirmed the fine.

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