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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Joseph S. McCreary               )       File Number EB-01-TP-399
3305 Bayou Boulevard             )       NAL/Acct.No.200232700006
Pensacola, FL  32503             )
                                )                                              
                                ) FRN: 0006-9319-84


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                           Released:  May 7, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Mr. Joseph  S.  McCreary apparently  violated  Section 
95.411  of  the  Federal  Communications  Commission's  (``FCC'') 
Rules1 by  using  an  external radio  frequency  power  amplifier 
(``linear  amplifier'')  as  part  of  his  Citizens  Band  Radio 
(``CB'') station.    We  conclude  that  Joseph  S.  McCreary  is 
apparently liable for a forfeiture in the amount of five thousand 
dollars ($5,000).

                         II.  BACKGROUND

     2.   On September  26, 2001,  the FCC  Enforcement  Bureau's 
Tampa Field Office (``Tampa Office'') received complaint  letters 
dated  September  13  and  14,  2001.   The  complaint  concerned 
interference to  consumer home  electronic entertainment  devices 
allegedly caused by the operation of a CB radio station  operated 
by Mr. McCreary.   The complaint also  alleged that Mr.  McCreary 
used a 1,000  watt linear  amplifier. The  complaint stated  that 
other neighbors were also affected by the interference.

     3.   On December 17,  2001, the Office  of Congressman  Jeff 
Miller referred this same complaint to the Tampa Office.

     4.   On March 11, 2002, agents from the Tampa Office went to 
3305 Bayou Boulevard, Pensacola,  Florida, the address stated  in 
the complaint as the location of Mr. McCreary's CB radio station, 
to investigate the complaint.  Upon arrival at this address,  the 
agents spoke with Mr. McCreary and conducted an inspection of Mr. 
McCreary's CB radio  station located inside  his residence.   The 
agents  observed  a  Varmint  Bilinear  Quad  Power  Base  linear 
amplifier; model  XL 1000,  attached to  a CB  transceiver.   The 
agents saw a coaxial  cable interconnecting the linear  amplifier 
and the CB radio.  Mr. McCreary turned on the CB radio station at 
the agents' request.  With the transmitter powered on, the agents 
observed the power amplifier meter display a reading of ``2''  on 
a scale of one to ten.  Mr. McCreary admitted to the agents  that 
he had  been  operating  the station  with  the  attached  linear 
amplifier at a  power of  at least  twenty watts.   Based on  the 
power meter  reading and  Mr. McCreary's  statements, the  agents 
concluded the power  output of the  station was approximately  20 
watts.  A search of Commission  records showed that Mr.  McCreary 
holds no license  in any radio  service that would  allow him  to 
operate an external RF power amplifier.

                        III.  DISCUSSION

     5.     Section  95.411(a)(1)   of  the  Commission's   Rules 
prohibits attaching a power amplifier to a CB transmitter in  any 
way.2  Furthermore,  pursuant to  Section 95.411(c),  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 has be operated with more power than  allowed 
by the Rules.3    In this case, Mr.  McCreary's CB radio  station 
consisted of a CB transceiver with an attached linear  amplifier.  
Also, there  was  other evidence  that  Mr. McCreary's  CB  radio 
station had operated with more  power than allowed by the  Rules; 
namely  that  the  operation  of  the  CB  radio  station  caused 
interference to neighborhood electronic equipment, Mr. McCreary's 
admission that  he used  a linear  amplifier attached  to his  CB 
radio, Mr. McCreary's admission  that his station's power  output 
was at least  twenty watts, and  the readout of  the power  meter 
during the station inspection.  Based on the evidence before  us, 
we find that on March 11, 2002, Mr. Joseph S. McCreary willfully4 
violated Section 95.411 of the Rules5 by using an external  radio 
frequency power  amplifier  as part  of  his Citizen  Band  radio 
station.

     6.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount for the violation cited in this 
notice is  $5,000  (use  of unauthorized  equipment).6    Section 
503(b)(2)(D) of the Act  requires us to  take into account  ``... 
the nature, circumstances, extent, and gravity of the  violation, 
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.''7   Considering the  entire record  and 
applying the statutory factors listed above, this case warrants a 
$5,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,8  and 
Sections 0.111, 0.311  and 1.80 of  the Commission's Rules,9  Mr. 
Joseph S. McCreary is hereby  NOTIFIED of his APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of five thousand dollars  ($5,000) 
for willful  violation  of  Section 95.411  of  the  Commission's 
Rules.10 

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,11 within thirty days of the release  date 
of this  NOTICE OF  APPARENT LIABILITY,  Mr. Joseph  S.  McCreary 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     9.   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 should note the 
NAL/Acct. No.200232700006 and FRN No. 0006-9319-84 referenced  in 
the letterhead above.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No.200232700006 and FRN No. 0006-9319-84 referenced  in 
the letterhead above.

     11.  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.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.12 

     13.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT  LIABILITY 
shall be sent by Certified  Mail Return Receipt Requested to  Mr. 
Joseph S. McCreary at  3305 Bayou Boulevard, Pensacola,  Florida, 
32503.

                              FEDERAL COMMUNICATIONS COMMISSION
                         



                              Ralph M. Barlow
                              District Director, Tampa Office
                              Enforcement Bureau
_________________________

1 47 C.F.R  95.411
2 47 C.F.R  95.411(a)(1) 
3 47 C.F.R  95.411(c)
4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
5 47 C.F.R.  95.411
6 47 C.F.R.  1.80(b)(4)
7 47 U.S.C.  503(b)(2)(D)
8 47 U.S.C.  503(b).
9 47 C.F.R.  0.111, 0.311, 1.80.
10 47 C.F.R.  95.411
11 47 C.F.R.  1.80.
12 See 47 C.F.R.  1.1914.