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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                               
                                                              
                              )                               
     In the Matter of                                         
                              )     File Number EB-06-ST-184  
     James J. Grinton                                         
                              )   NAL/Acct. No. 200732980002  
     Amateur Licensee K7VNI                                   
                              )              FRN: 0016955924  
     Bellingham, Washington                                   
                              )                               
                                                              
                              )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: September 25, 2007

   By the District Director, Seattle Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that James J. Grinton ("Grinton"), licensee of Amateur station K7VNI,
       in Bellingham, Washington apparently willfully and repeatedly violated
       Section 97.113(b) and Section 97.119(a) of the Commission's Rules
       ("Rules") by transmitting one-way communications and by failing to
       transmit his assigned call sign in the Amateur Radio Service. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Grinton is apparently liable for a
       forfeiture in the amount of seven  thousand dollars ($7,000).

   II. BACKGROUND 

    2. On December 7, 2006, in response to a complaint alleging intentional
       interference to amateur radio communications on the 146.340/146.940
       MHz repeater (Call sign VE7RPT)  repeater, an agent from the
       Enforcement Bureau's Seattle Office, using mobile direction finding
       techniques, located the source of the signal to the residence of
       amateur radio operator K7VNI, James Grinton, in Bellingham,
       Washington.

    3. During the period of December 9, 2006 to January 1, 2007, the Seattle
       agent monitored 146.340 MHz (repeater input frequency) and observed 59
       transmissions of varying lengths from Grinton's residence.

    4. On January 19, 2007, the Seattle Field Office issued a Warning of
       Interference to Communications Letter to James J. Grinton, K7VNI
       ("Warning Letter"). The Warning Letter informed Grinton that his
       station may be the source of willful or malicious interference to
       amateur communications and that if the "transmissions continue, you
       will be investigated during ongoing FCC enforcement efforts. If such
       an investigation indicates that you have violated the Communications
       Act or any FCC Rules, you could be subject to severe penalties,
       including, but not limited to, substantial monetary forfeitures, and
       criminal sanctions including imprisonment."

    5. On January 25, 2007, Grinton received and signed a receipt for the
       Warning Letter, but has not sent a response to the Seattle Office.

    6. On February 27, 2007, in response to continued complaints, a Seattle
       agent using mobile direction finding techniques, again located the
       source of a signal on 146.340 MHz to Grinton's residence in
       Bellingham, Washington. The Seattle agent monitored and recorded 17
       minutes of a continuous transmission of one-way communications of
       music by Grinton on 146.340 MHz.

    7. On March 5, 2007, the Seattle agent, using mobile direction finding
       techniques, again located the source of a signal on 146.340 MHz to
       Grinton's residence in Bellingham, Washington. The Seattle agent
       monitored and recorded 15 minutes of a continuous transmission of
       one-way communications of music by Grinton on 146.340 MHz.

    8. During the period of January 19, 2007 to June 23, 2007, the Seattle
       agent monitored 146.340 MHz and observed 163 transmissions by Grinton
       in which Grinton failed to transmit his assigned call sign (K7VNI).

   III. DISCUSSION

    9. 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) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   10. Section 97.113(b) of the Rules states that "[a]n amateur station shall
       not engage in any form of broadcasting, nor may an amateur station
       transmit one-way communications . . . ." Grinton is a licensed amateur
       operator and on February 27, 2007, and March 5, 2007, Grinton
       transmitted one way communications of music of 17 and 15 minutes in
       length, respectively. Grinton was previously warned by the Seattle
       Office that any subsequent violation of the Commission's Rules could
       result in monetary forfeitures. Consequently, Grinton's violation was
       willful. The violation occurred on more than one day, therefore, it
       was repeated.

   11. Section 97.119(a) of the Rules states that "[e]ach amateur station,
       except a space station or telecommand station, must transmit its
       assigned call sign on its transmitting channel at the end of each
       communication, and at least every 10 minutes during a communication,
       for the purpose of clearly making the source of the transmissions from
       the station known to those receiving the transmissions." Between
       January 19, 2007, and June 23, 2007, a Seattle agent monitored 146.340
       MHz and observed 163 transmissions by Grinton in which Grinton failed
       to transmit his assigned call sign (K7VNI). Grinton was previously
       warned by the Seattle Office that any subsequent violation of the
       Commission's Rules could result in monetary forfeitures. Consequently,
       Grinton's violation was willful. The violation occurred on more than
       one day, therefore, it was repeated.

   12. 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 unauthorized emissions is $4,000 and base
       forfeiture amount for failure to provide station ID is $1,000. 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. Based on the criteria in Section
       503(b)(2)(E) of the Act, and the upward adjustment criteria in the
       Forfeiture Policy Statement, we find that an upward adjustment of the
       base forfeiture amount of $1,000 for failure to provide station ID is
       warranted. Grinton apparently failed to transmit his amateur operator
       call sign on over 160 transmissions in a five month period. Grinton
       had previously been warned by the Seattle Office concerning FCC Rule
       violations. Considering the entire record and applying the factors
       listed above, we conclude that Grinton is apparently liable for a
       forfeiture in the amount of $3,000 for his failure to provide station
       ID, and is apparently liable for a $4,000 forfeiture for unauthorized
       emissions.

   IV. ORDERING CLAUSES

   13. 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, James J.  Grinton is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       seven  thousand dollars ($7,000) for violations of Sections 97.113(b)
       and 97.119(a) of the Rules.

   14. 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, James J. Grinton SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   15. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above. 
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   16. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Seattle Office, 11410
       NE 122nd Way, Suite 312, Kirkland, WA, 98034-6927 and must include the
       NAL/Acct. No. referenced in the caption.

   17. 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.

   18. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   19. 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 James J. Grinton at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Kristine A. McGowan

   District Director

   Seattle Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S:S: 97.113(b), 97.119(a).

   47 U.S.C. S: 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 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."

   47 C.F.R. S: 97.113(b).

   47 C.F.R. S: 97.119(a).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b)(2)(E); 47 C.F.R. S: 1.80(b)(4); see also Forfeiture
   Policy Statement, 12 FCC Rcd at 17100 - 01.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 97.113(b),
   97.119(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission