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                Federal Communications Commission
________________________________________________________________-
                      ____________________


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


In the Matter of                )
                                )
GNOTS Reserve, Inc.             )
WXS4872                         )                 File No. EB-00-

OR-062
Destrehan, Louisiana            )                 NAL/Acct . No. 

X3262009

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released:  August 23, 2000

By the Enforcement Bureau, New Orleans Field Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  GNOTS Reserve,  Inc. (``GNOTS''),  licensee of  marine 
fleet license WXS4872, has apparently violated Section  80.373(f) 
of  the  Commission's  Rules   (``Rules'')  by  operating   radio 
transmitting equipment  on a  frequency  not authorized  by  this 
section.1  We  conclude  that  GNOTS  is  apparently  liable  for 
forfeiture in the amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   GNOTS operates  several  towboats  in  the  Mississippi 
River under marine fleet  license WXS4872, including the  vessels 
TOMCAT and KOOLCAT.   A marine fleet  license authorizes  vessels 
covered by the license to transmit on certain VHF marine channels 
as specified in Section 80.373(f) of the Rules.

     3.   On May 12,  1999, an  agent from  the Commission's  New 
Orleans Field Office  (``Field Office''), observed  transmissions 
on a  channel not  permitted by  Section 80.373(f)  of the  Rules 
(156.075 MHz).  Those transmissions were determined to be  coming 
from the vessel TOMCAT. 

     4.   On May 10, 2000, an  agent from the Field Office  again 
observed transmissions  on a  channel  not permitted  by  Section 
80.373(f) of the Rules  (157.175 MHz).  Those transmissions  were 
determined to be coming from the vessel KOOLCAT.

     5.   On May 18, 2000, GNOTS  was sent a Notice of  Violation 
(``NOV'') for  operating on  a frequency  not authorized  by  the 
Rules.  On June 13, 2000, GNOTS submitted a reply to the NOV. 
 

                        III.  DISCUSSION

     6.   Section 80.373(f) of  the Rules  lists all  frequencies 
authorized for use between ship and private coast stations in the 
VHF marine band  (156-162 MHz).  The  vessels TOMCAT and  KOOLCAT 
were not  using these  frequencies when  the Field  Office  agent 
observed them on  May 12,  1999 and May  10, 2000,  respectively.  
Therefore, those transmissions were not authorized for use  under 
the  marine  fleet  station  license  granted  to  GNOTS  by  the 
Commission.  In its June 13, 2000 reply to the NOV, GNOTS  states 
that all  of  its vessel  operators  have been  informed  of  the 
violation and  sternly  warned  not to  operate  on  unauthorized 
frequencies.  However, while  this action  is commendable,  GNOTS 
was previously warned about operation on unauthorized frequencies 
by letter dated  May 13, 1999,  following the incident  involving 
the vessel TOMCAT.  In addition,  this warning letter included  a 
listing of properly  authorized frequencies for  use by ship  and 
private coast stations.

     7.   Based on the evidence  before us, we  find that on  May 
10, 2000,  GNOTS willfully2  violated  Section 80.373(f)  of  the 
Rules by operating  radio transmitting equipment  on a  frequency 
that was not authorized.

     8.   Pursuant to Section 1.80  of the Rules, Guidelines  for 
Assessing Forfeitures, the base  forfeiture amount for  operation 
on an  unauthorized  frequency  is  $4,000.3   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 
Communications Act of 1934  (``Act''), as amended, 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.4  Applying  Section 
1.80 of the Rules  and statutory factors to  the instant case,  a 
$4,000 forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,6 GNOTS Reserve, Inc., is hereby NOTIFIED of 
their APPARENT LIABILITY FOR A  FORFEITURE in the amount of  four 
thousand dollars ($4,000) for violating Section 80.373(f) of  the 
Rules, 47 C.F.R.  80.373(f). 



     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the  Rules, within 
thirty days  of  the release  date  of this  NOTICE  OF  APPARENT 
LIABILITY, GNOTS Reserve, Inc., 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. X3262009

     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.  X3262009,  and  must  include  the  NAL/Acct.  No. 
X3262009.

     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. 20554.7

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  GNOTS  Reserve, Inc.,  P.  O.  Box  1147, 
Destrehan, Louisiana  70047.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James C. Hawkins
                         District Director
                         New Orleans Field Office
_________________________

1 47 C.F.R.  80.373(f).

2 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).

3 47 C.F R.  1.80.

4 47 U.S.C.  503(b)(2)(D).  

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.