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


In the Matter of                )
                                )
Leonard D. Martin               )              File No. 98-HU-147
                                )
Houston, TX                     )          NAL/Acct.No. X3254-003


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  March 3, 2000

By the Enforcement Bureau, Houston Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Leonard  D. Martin apparently  violated Section 301  of 
the  Communications  Act  of  1934  (``Act''),  as  amended,1  by 
operating  an   unlicensed  radio   station  without   Commission 
authorization; and  Section 303(n)  of the  Act,2 by  failing  to 
allow inspection of his radio station.  We conclude that  Leonard 
D. Martin is apparently liable for a forfeiture in the amount  of 
seventeen thousand dollars ($17,000).

                         II.  BACKGROUND
 
     2.   In  May,  1998,  the  Commission  received  a   written 

complaint from  an  Amateur  Radio  operator  asserting  that  an 

Amateur  Radio  station  identifying  with  the  callsign  KC5WHN 

operated on unauthorized frequencies.   On November 3, 1998,  the 

Legal Advisor for Enforcement, Compliance and Information Bureau, 

sent a letter to Leonard D. Martin, licensee of record of Amateur 

Radio station KC5WHN.   The letter advised  Martin of  complaints 

received  by  the  Commission   alleging  that  he  operated   on 

unauthorized frequencies.   In  response to  the  letter,  Martin 

telephoned the CIB  Legal Advisor for  Enforcement and  generally 

denied the alleged unauthorized operation.

     3.   On February  27,  1999,  a Commission  agent,  using  a 

mobile automatic direction  finding (``MADF'') vehicle,  observed 

voice radio transmissions  on the frequencies  27.545 and  27.535 

MHz.  The frequency 27.545 MHz is allocated exclusively to  radio 

stations of the United  States government.  The frequency  27.535 

MHz is allocated  exclusively to radio  stations licensed in  the 

Industrial Radio  Service.  The  radio station  did not  identify 

itself,  but  responded  to  the  name  ``Leonard.''   The  agent 

determined that the source of the transmissions was an antenna on 

the residence  at  4415  Spellman, Houston,  Texas,  the  address 

listed on Martin's Amateur Radio license.  There was no  evidence 

of a Commission authorization for this operation.

     4.   On March 15,  1999, a  Commission agent,  using a  MADF 

vehicle, observed  voice radio  transmissions  on 27.370  MHz,  a 

frequency allocated as a ``guard'' frequency between channels  in 

the Citizens Band Radio Service.  The station identified with the 

name ``Leonard.''  The  agent determined that  the source of  the 

transmissions was a  vertical antenna  on the  residence at  4415 

Spellman, Houston, Texas, the address listed on Martin's  Amateur 

Radio license.  Immediately thereafter, the agent knocked on  the 

door of the residence and was met by Martin.  The agent requested 

to inspect the  radio station  inside the  residence, and  Martin 

refused.  The agent advised Martin  that his operation on  27.545 

and 27.535 MHz constituted  unlicensed operation in violation  of 

Section  301  of  the  Act,  because  Martin  had  no  Commission 

authorization to operate  on those frequencies.   The agent  also 

advised Martin that his  refusal to allow inspection  constituted 

violation of Section 303(n) of the Act.

     5.   On April  2,  1999,  the  Commission's  Houston  Office 

issued to Martin an Official Notice of Violation for operation of 

his Amateur Radio station in violation of Sections 301 and 303(n) 

of the Act.   On April  8, 1999,  the Houston  Office received  a 

letter  from  Martin  in  response  to  the  Official  Notice  of 

Violation.  In the letter, Martin stated ``I now fully understand 

that operation on the  frequencies outlined is a  violation...,''  

``... that  the  FCC  has  the authority  to  inspect  all  radio 

installations....''  and ``... I promise no further action by the 

Commission will  be necessary  to insure  my complete  compliance 

with the FCC Rules....''

     6.   On July 22, 1999, Martin submitted to CIB Legal Advisor 

for Enforcement his Amateur  Radio license for cancellation.   On 

July 23, 1999, CIB  Legal Advisor for  Enforcement sent Martin  a 

letter acknowledging receipt of  the license and confirming  that 

Martin's Amateur  Radio license  KC5WHN was  cancelled  effective 

July 23, 1999.   The letter  also warned  Martin that  unlicensed 

radio operation would constitute violation of Section 301 of  the 

Act.

     7.   On October 19,  1999, the  Commission's Houston  Office 

received a complaint  from a neighbor  of Martin's that  Martin's 

radio  operation  was   continuing  to   cause  interference   to 

electronic equipment in their home.  That same day, a  Commission 

agent, using a MADF  vehicle, observed voice radio  transmissions 

on 27.535  MHz, a  frequency  allocated exclusively  to  licensed 

stations of the Industrial  Radio Service.  The agent  determined 

that the source of  the transmissions was  a vertical antenna  on 

the  residence  at  4415   Spellman,  Houston,  Texas,   Martin's 

residence.   Immediately  thereafter,   the  agent  visited   the 

neighbor  complaining   of   radio  interference   and   observed 

interference on the neighbor's telephone.

     8.   On October 26, 1999, a  Commission agent, using a  MADF 

vehicle, observed  voice radio  transmissions  on 27.455  MHz,  a 

frequency allocated  exclusively  to  licensed  stations  in  the 

Industrial Radio Service.  The  agent determined that the  source 

of the transmissions was a  vertical antenna on the residence  at 

4415 Spellman, Houston, Texas, Martin's residence.  There was  no 

evidence  of  a  Commission  authorization  for  this  operation.  

Immediately thereafter,  the agent  knocked on  the door  of  the 

residence and was met by Martin.  The agent requested to  inspect 

the radio  station  inside  the residence,  and  Martin  refused.  

Martin stated that he believed he was being unfairly targeted for 

enforcement  because  there  were   many  other  operators   that 

transmitted on unauthorized frequencies.

                        III.  DISCUSSION

     9.   Section 301 of  the Act  sets forth  generally that  no 

person shall use or operate any apparatus for the transmission of 

energy of communications  or signals by  radio within the  United 

States except under  and in accordance  with the Act  and with  a 

license.3  Section 303(n) of the Act sets forth the  Commission's 

authority to  inspect  all radio  installations  associated  with 

stations required to be licensed by, or subject to the provisions 

of, any Act, in  order to ascertain whether  they conform to  the 

provisions of any Act.4

     10.  Based on  the  evidence  before us,  we  find  that  on 

February 27, October 19, and October 26, 1999, Leonard D.  Martin 

repeatedly5 and willfully6  violated Section  301 of  the Act  by 

operating  radio  transmission  apparatus  without  a  Commission 

authorization.  We also  find that  on March 15  and October  26, 

1999, Leonard D. Martin repeatedly and willfully violated Section 

303(n) of the Act by refusing to allow an inspection of his radio 

station upon  reasonable  request  by  an  authorized  Commission 

representative.

     11.  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  $10,000   for 

unlicensed operation and $7000 for failure to allow  inspection.7 

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.8  Martin's  violations were  repeated and  willful,  and 

resulted in  harm  in  the form  of  electronic  interference  to 

neighbors' home electronic equipment. Martin was advised of these 

violations  numerous  times,  both  orally  and  in  writing,  by 

Commission representatives  and Martin  indicated that  he  fully 

understood the  requirements of  the  Act.  Martin  repeated  the 

violations  after   receiving  these   warnings.   Applying   the 

Forfeiture Policy Statement and statutory factors to the  instant 

case, a $17,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act,9 and Sections  0.111, 0.311 and  1.80 of  the 

Commission's Rules,10 Leonard D. Martin is hereby NOTIFIED of his 

APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  seventeen 

thousand dollars ($17,000) for violating Section 301 of the Act11 

and Section 303(n) of the Act.12

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,13 within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Leonard D. Martin SHALL PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     14.  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. X3254-003.

     15.  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.  X3254-003,  and  must include  the  NAL/Acct.  No. 
X3254-003.

     16.  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.

     17.  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. 20554.14

     18.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Leonard D. Martin  at 4415 Spellman, Houston,  Texas 
77035. 



                              FEDERAL COMMUNICATIONS COMMISSION



                              Loyd P. Perry
                              Resident  Agent,  Houston   Office, 
Enforcement Bureau
_________________________

1 47 U.S.C.  301.

2 47 U.S.C.  303(n).

3 47 U.S.C.  301

4 47 U.S.C.  303(n)

5 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.''

6 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).

7 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel. 
December 28, 1999).

8 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).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 47 U.S.C.  301

12 47 U.S.C.  303(n)

13 47 C.F.R.  1.80.

14 See 47 C.F.R.  1.1914.