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

CERTIFIED MAIL # 7001 2510 0007 6500 1018
RETURN RECEIPT REQUESTED


In the Matter of                  )
                                 )
Robert A. Spiry                   )    File Number:  EB-02-ST-045
1516 S. 52nd Street               )    NAL/Acct. No. 200332980002
Tacoma, WA  98408                 )    FRN  0007-9392-18
                                 )


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  December 30, 
                                             2002

By the Enforcement Bureau, Seattle Field Office:


                           I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we  find that  Robert  A. Spiry  apparently  willfully and  repeatedly 
violated Section  301 of  the Communications Act  of 1934,  as amended 
(``Act'')1   by  operating   a   radio   station  without   Commission 
authorization.  We conclude,  pursuant to Section 503(b)  of the Act,2 
that Mr.  Spiry is apparently liable  for forfeiture in the  amount of 
ten thousand dollars ($10,000).

                            II.  BACKGROUND

     2.   On  February 27,  2002, the  FCC Seattle  Office received  a 
letter  of  complaint  of   neighborhood  wide  interference  to  home 
entertainment  equipment around  the  1500 block  of  S. 52nd  Street, 
Tacoma, Washington.   On March  13, 2002,  at approximately  6:35 p.m. 
local time,  a Seattle  Office agent,  using mobile  direction finding 
(``DF'')  equipment, determined  that  the interference  signal was  a 
transmitter station  operating on the Citizen  Band (``CB'') frequency 
27.025  MHz at  the residence  of  Mr. Robert  Spiry at  1516 S.  52nd 
Street,  Tacoma, Washington.   The Agent  observed signal  levels that 
appeared to be  significantly higher than those expected  from a legal 
CB transmitter.

     3.   Between March 4, 2002 and  March 25, 2002, the Seattle Field 
Office received 10 faxed complaints of interference to home electronic 
equipment from  Mr. Spiry's CB  radio station.   On April 2,  2002, at 
approximately 5:30  p.m. local  time, agents  from the  Seattle Office 
observed radio transmissions on 27.025 MHz  in the CB band with signal 
levels that  appeared to be  significantly higher than  those expected 
from a legal  CB transmitter.  Using mobile DF  equipment, the Seattle 
Office  agents  positively  located  the signals  emanating  from  Mr. 
Spiry's residence.  After locating the signal source, on April 2, 2002 
at approximately 7:11  p.m. local time, assisted by  two Tacoma Police 
Officers, the  Seattle Office  agents requested  an inspection  of Mr. 
Spiry's CB  station.  After a significant  delay at the door  and then 
more  delay  once inside,  the  inspection  was allowed.   The  agents 
determined that Mr.  Spiry had been operating an  unauthorized CB type 
radio power amplifier (linear), a  Dutchman Special, model 4-400 and a 
non-FCC certified  Malaysian manufactured RCI model  2980 transmitter.  
The  agents  informed Mr.  Spiry  that  he  was operating  an  illegal 
unlicensed station and  that his use of  unauthorized equipment voided 
his  authority to  operate the  CB  station.  A  Notice of  Unlicensed 
Operation was issued to, and signed for by, Mr. Spiry.

     4.   On April  25, 2002, after receiving  several more complaints 
of  interference  from  the  neighbors,  the  Seattle  Office  imposed 
restricted hours on Mr. Spiry's CB operations.  

     5.   On June 6, 2002, at  approximately 6:00 p.m., Seattle agents 
conducted a  scheduled inspection of  Mr. Spiry's radio  station while 
monitoring the  neighbor's home  electronics.  The CB  radio equipment 
provided by  Mr. Spiry  for the inspection  was determined  to operate 
within  the CB  Rules and  caused  no interference  to the  neighbor's 
electronics.  Mr. Spiry was informed that his CB station was legal and 
not causing any interference to the neighbors.  He was further advised 
that  if  interference  recurred,  the  agents  would  assume  he  was 
operating non-FCC type accepted radio equipment.

     6.   During the  period from June  17, 2002 to October  12, 2002, 
the  FCC Seattle  Office received  15 more  complaints about  periodic 
interference  from Mr.  Spiry's CB  station.  On  October 29,  2002 at 
approximately 7:00  p.m. local  time, agents  from the  Seattle Office 
positively located and monitored Mr.  Spiry transmitting on 27.165 MHz 
in the CB band, from his  mobile station, a 1983 Chevy Van -WA license 
903 KTZ, as he was leaving his home and driving east on 52nd Street in 
Tacoma.   The  signal  levels  were significantly  higher  than  those 
expected from a legal CB radio transmission.  

     7.   On November 5,  2002 at approximately 6:45  p.m. local time, 
Seattle  Office  agents positively  located  and  monitored Mr.  Spiry 
operating on  the CB frequency 27.165  MHz from his mobile  station, a 
1983 Chevy  Van -WA license  903 KTZ, as  he was leaving the  Park and 
Ride lot near  Alaska and S. 56th Street and followed  him to his home 
at  1516   S.  52nd  Street   in  Tacoma.   The  signal   levels  were 
significantly higher than those expected  from a legal CB transmitter.  
Shortly  after  the  monitoring  and assisted  by  two  Tacoma  Police 
officers,  the  Seattle  agents  visited  Mr.  Spiry's  residence  and 
requested an inspection of Mr. Spiry's 1983 Chevy van (WA license -903 
KTZ).  Mr.  Spiry opened the  van side door  and admitted that  he had 
been operating an external radio frequency power amplifier, a Big Dawg 
1000 watt  model-600, with a  Galaxy DX99 transceiver.   Neither units 
have any FCC  certification, and thus are unauthorized for  use the CB 
radio Service.  Mr. Spiry was advised that operating with unauthorized 
equipment  voids the blanket  CB license  and he  was issued  a second 
Notice of Unlicensed Operation. 

                            III.   DISCUSSION

     8.   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 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.3  The 
term "repeated" means the commission or omission of such act more than 
once or for more than one day.4 

     9.   Section 301 of  the Act sets forth generally  that no person 
shall use or  operate any apparatus for the transmission  of energy or 
communications or  signals by  radio within  the United  States except 
under and in accordance with this Act and with a license granted under 
the provisions of this Act.  The Rules governing the 


licensing  and operation  of CB  radio  stations are  set forth  under 
Subpart  D of  Part 95  of the  Rules.5  Section  95.409 of  the Rules 
states that a CB operator must use an FCC certified CB transmitter and 
that use of a non-certified transmitter voids authority to operate the 
CB station.  Section 95.410 of the Rules specifies that the CB station 
transmitter power output  must not exceed 4 watts.   Section 95.411 of 
the Rules prohibits attaching a power amplifier to a CB transmitter in 
any way.   Furthermore, pursuant  to Section  95.411(c) of  the Rules, 
there  is a  presumption  that a  linear or  other  external RF  power 
amplifier has been used if it is found in the possession of, or on the 
premises of, the CB radio station and there is other evidence that the 
CB station  was operated with  more power  than allowed by  the Rules.  
Section 95.411(b) reiterates that there  are no exceptions to the rule 
against  using a power  amplifier and  that use  of a  power amplifier 
voids authority to operate the station.   

     10.  Based  on the  evidence before  us, we  find that  Mr. Spiry 
willfully and repeatedly violated Section  301 of the Act by operating 
a station without a proper license.  The base forfeiture amount set by 
The Commission's Forfeiture Policy  Statement and Amendment of Section 
1.80  of   the  Rules   to  Incorporate  the   Forfeiture  Guidelines, 
("Forfeiture Policy Statement"),6 and Section  1.80 of the Rules,7 for 
operating an  unlicensed radio station  is $10,000.  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,8 which 
include  the  nature,  circumstances,   extent,  and  gravity  of  the 
violation(s),  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.  Applying  the Forfeiture Policy 
Statement and  the statutory  factors to the  instant case,  a $10,000 
forfeiture is warranted.  

                         IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS ORDERED  THAT, pursuant to Section 503(b) 
of the  Communications Act  of 1934, as  amended, and  Sections 0.111, 
0.311  and 1.80 of  the Commission's  Rules, Mr.  Robert A.  Spiry, is 
hereby  NOTIFIED of  an APPARENT  LIABILITY  FOR A  FORFEITURE in  the 
amount of ten thousand dollars  ($10,000) for violation of Section 301 
of the Communications Act of 1934, as amended.9

     12.   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, Mr. Spiry SHALL PAY the  full amount of 
the  proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the  proposed forfeiture.  Payment of the 
forfeiture  may be  made 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 
must include the  FCC Registration Number (``FRN'')  and the NAL/Acct. 
Number referenced in the caption. 

     13.  The   response,  if   any,   must  be   mailed  to   Federal 
Communications  Commission, Enforcement  Bureau, Technical  and Public 
Safety Division, 445  12th Street, S.W., Washington,  D.C. 20554, Ref: 
EB-02-ST-045; and  must include  the NAL/Acct.  No. referenced  in the 
caption.  

     14.  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.  

     15.  Requests for  payment of the  full amount of this  Notice of 
Apparent  Liability  under an  installment  plan  should be  sent  to:  
Chief,  Revenue and  Receivables  Operations Group,  445 12th  Street, 
S.W., Washington, D.C. 20554.10

     16.  Under the Small  Business Paperwork Relief Act  of 2002, Pub 
L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a 
two-year tracking process  regarding the size of  entities involved in 
forfeitures.  If you  qualify as a small entity and if  you wish to be 
treated as a small entity for  tracking purposes, please so certify to 
us within thirty (30) days of this NAL, either in your response to the 
NAL or in  a separate filing to be sent  to the Federal Communications 
Commission, Enforcement  Bureau, Technical  & Public  Safety Division.  
Your certification should indicate  whether you, including your parent 
entity and its subsidiaries, meet one  of the definitions set forth in 
the  list provided  by  the FCC's  Office  of Communications  Business 
Opportunities  (OCBO) set  forth in  Attachment  A of  this Notice  of 
Apparent  Liability.   This  information  will be  used  for  tracking 
purposes only.  Your  response or failure to respond  to this question 
will have  no effect on  your rights and responsibilities  pursuant to 
Section  503(b) of  the  Communications Act.   If  you have  questions 
regarding any  of the  information contained  in Attachment  A, please 
contact OCBO at (202) 418-0990.

     17.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT 
LIABILITY shall be sent by Certified  Mail # 7001 2510 0007 6500 1018, 
Return Receipt Requested to Mr. Robert  A. Spiry, 1516 S. 52nd Street, 
Tacoma, WA 98408

                              FEDERAL COMMUNICATIONS COMMISSION



                              Dennis Anderson
                              District Director, Seattle Office



_________________________

     1 47 U.S.C.  301.

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

     3  Section 312(f)(1) of the Act, 47 U.S.C.  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 ...."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

     4  Section 312(f)(2), 47 U.S.C.  312(f)(2), which also applies 
to Section 503(b), provides: "[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."



     5  47 C.F.R.  95.401 et seq. 

     6  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     7  47 C.F.R.  1.80.

     8  47 U.S.C.  503(b)(2)(D).

     9  47 U.S.C.  301 and 503(b); 47 C.F.R.  0.111, 0.311 and 
1.80.

     10  See 47 C.F.R.  1.1914.