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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the matter of              )
                         )
Mike Morrison                      )                     File 
Number: EB-00-AT-1083
3880 Nowlin Road              )
Kennesaw, GA  30144           )                   NAL/Acct. No.: 
X3248005



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE



                                       Released: October 11, 2000

By the Enforcement Bureau, Atlanta Office:


                        I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Mike Morrison (``Morrison''), a.k.a. 
Morrison Sales Company, has apparently violated Section 302 of 
the Communications Act of 1934, as amended1(``the Act''), by 
marketing a non-compliant transmitter (``SKY-2000'') for use in 
the FM broadcast band.  We conclude that Morrison is apparently 
liable for a forfeiture in the amount of two thousand dollars 
($2,000).


                         II.  BACKGROUND

     2.   On September 28, 1999, agents from the Enforcement 
Bureau's Atlanta Office began an investigation into the marketing 
of low power FM transmitters as a result of a local news report 
featuring the transmitter.  Agents located and conducted field 
strength measurements of eleven SKY-2000 FM transmitters in 
operation that were manufactured and distributed by Skywave 
Electronics, Rockford, IL and marketed by Morrison.  The 
measurements revealed that all eleven transmitters were operating 
in excess of the authorized limits as prescribed in the 
Commission rules.2

     3.   On September 28, 1999 during an inspection of a Skywave 
       2000 transmitter and on
October 15, 1999 during an office interview, the Atlanta Office 
verbally warned Morrison regarding the penalties for continuing 
to market non-compliant RF devices. It was Morrison's contention 
that Skywave Electronics, Inc. had led him to believe (by virtue 
of their obtaining a Grant of Equipment 
Authorization/Certification and affixing a FCC Identifier to



the device) that their devices were approved for marketing.  The 
Atlanta Office informed 
Morrison that it was still his responsibility as the marketer of 
an RF device to ensure that the 
device met the requirements of the Commission's rules even though 
the device had a FCC Identifier affixed to it. On November 25, 
1999, the Atlanta Office issued Morrison an Official Notice for 
violating Section 302 of the Act for marketing non-compliant RF 
devices.3   On December 2, 1999, the Atlanta Office received a 
written response from Morrison indicating his intent to no longer 
market Skywave products.
     
     4.   On August 16, 2000, an agent from the Atlanta Office 
       inspected a low power FM
transmitter operating at a restaurant in Marietta, Georgia.  The 
device was identified as a SKY-2000 FM transmitter and was found 
to be operating in excess of the authorized limits as prescribed 
in the Commission rules.4   The owner of the restaurant stated 
that Morrison sold them the SKY-2000 transmitter in May 2000.   
Morrison confirmed the sale of the device during a telephone 
interview with an agent of the Atlanta Office on August 17, 2000.

     
             III.                        DISCUSSION

     5.   Section 302 of the Act authorizes the Commission to 
       regulate equipment capable of 
emitting radio frequency energy that may cause interference to 
radio communications.  The Act further states that ``no person 
shall manufacture, import, sell, offer for sale, or ship devices 
or home electronic equipment and systems, or use devices, which 
fail to comply with regulations promulgated pursuant to this 
section''.5 
   
     6.   Morrison, as a marketer of  the SKY-2000 transmitter, 
       is responsible for ensuring that
it is compliant with Commission rules.6  He was repeatedly 
warned, verbally and in writing,7 about the penalties for 
marketing non-compliant devices, yet, he continued to market the 
non-compliant device in violation of Section 302 of the Act.8
 






     7.   Section 503(b) of the Act, 47 U.S.C.  503(b)(1),9 

       provides that any person who 
willfully10 and repeatedly11 fails to comply with the terms and 

conditions of the Commission's rules shall be liable for a 

forfeiture penalty.  Based on the above evidence, we find that 

Morrison did willfully and repeatedly violated Section 302 of the 

Act.12.

     8.   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''), the base forfeiture amounts are $2,000 for the 

marketing of non-compliance Part 15 devices. In assessing the 

monetary forfeiture amount, we must also take into account the 

statutory factors set forth in Section 503(b)(2)(D) of the Act, 

which include the nature, circumstances, extent, and gravity of 

the violation(s), 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.13  Morrison's 

violations were repeated and willful.  Applying the Forfeiture 

Policy Statement and statutory factors to the instant case, a 

$2,000 forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     9.    Accordingly, IT IS ORDERED THAT, pursuant to Section 
       503(b) of the Act14, and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules15, Mike 
Morrison is hereby NOTIFIED of his APPARENT LIABILITY FOR A 
FORFEITURE in the amount of two thousand dollars ($2,000) for 
violating Section 302 of the Act.16



     
     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's rules17, within thirty days of the released date 
of this NOTICE OF APPARENT LIABILITY, Mike Morrison SHALL PAY the 
full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     11.  Payment of the forfeiture may be made by credit card 
through the Commission's Credit and Debt Management Center at 
(202) 418-1995 or by mailing a check or similar instrument, 
payable to the order of the Federal Communications Commission, to 
the Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3248005.

     12.  The response if any must be mailed to Office of the 
Secretary, Federal Communications Commission, 445 12th Street, 
S.W., Washington, D.C. 20554, Attn: Enforcement Bureau -TPSD, 
NAL/Acct. No. X3248005, and must include the NAL/Acct. No. 
X3248005.

     13.  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; 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.  

     14.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Credit and Debt Management Center, 445 12th Street, 
S.W., Washington, D.C. 20554.18 

     15.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Mike Morrison, 3880 Nowlin Road, Kennesaw, GA  
30144.



                FEDERAL COMMUNICATIONS COMMISSION




                         Fred L. Broce  
                         District Director
                         Atlanta Office
_________________________

1 Section 302 of the Act, 47 U.S.C.  302 

2 47 C.F.R.  15.239(b)

3 Section 302 of the Act, 47 U.S.C.  302

4 47 C.F.R.  15.239(b)

5 Section 302 of the Act, 47 U.S.C.  302

6 47 C.F.R.  15.201(b)

7 Issued an Official Notice on November 25, 1999

8 Section 302 of the Act, 47 U.S.C.  302
9 47 U.S.C.  503(b)(1).  See also Section 1.80(a)(1) and (2), 47 
C.F.R.  1.80(a)(1) and (2)

10 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

11 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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.''

12 Section 302 of the Act, 47 U.S.C.  302 

13 47 U.S.C.  503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

14 47 U.S.C.  503(b)

15 47 C.F.R.  0.111, 0.311, 1.80

16 Section 302 of the Act, 47 U.S.C.  302 

17 47 C.F.R.  1.80

18 See 47 C.F.R.  1.1914