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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-TP-249
Accessory Connection Inc. ) NAL/Acct. No.200232700019
C/O Jon Hannan, Jr. ) FRN 0007-3078-12
1205 Dewar Court )
Palm Bay, Florida 32905 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 5, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Accessory Connection Inc. (``Accessory''),
apparently liable for a forfeiture in the amount of twenty
thousand dollars ($20,000) for willful and repeated violation of
Sections 301 and 302(b) of the Communications Act of 1934, as
amended (``Act'').1 Specifically, we find Accessory Connection
Inc. apparently liable for operation of radio transmission
equipment without the required Commission authorization and use
of a radio frequency device that failed to comply with Commission
2. On April 29, 2002, the Commission's Tampa Field Office
(``Tampa Office'') received a complaint of interference to a
cellular radio site in Jensen Beach, Florida. The interference
reportedly emanated from a cellular antenna light display unit
located in a retail kiosk operated by Accessory located in the
Treasure Coast Square Mall in Jensen Beach, Florida. The Tampa
Office contacted the cellular telephone company experiencing the
interference. A representative of the cellular telephone
company stated that they had notified personnel operating the
Accessory store that operation of the device caused interference
to their cellular radio system. The cellular company
representative hand-delivered to personnel operating the
Accessory store the FCC Public Notice (DA#02-401) that warns
vendors and operators of the potential of interference to
cellular communications and of the potential violations and
penalties for operating cellular antenna light display units.
3. On April 30, 2002, agents of the Tampa Office traveled to
the Treasure Coast Square Mall, Jensen Beach, Florida to
investigate the interference complaint. The agents approached the
Accessory kiosk and noted a cellular antenna light display unit,
but it was not operating at the time. The agents asked a sales
person if an antenna light would operate on a cellular phone.
The sales person replied, ``Yes, let me turn it on.'' The agents
then conducted an inspection of the cellular antenna light
display unit. The unit was not certified by the FCC.
Furthermore, based on field strength measurements taken by the
agents of the device's signal, this device required a license to
operate. FCC records showed that there was no authorization to
operate this device. A warning letter was left with Accessory's
sales person, along with a verbal warning that the device must
not be turned on. The sales person signed the warning letter
acknowledging its receipt as ``Amanda Rogers.''
4. On May 20, 2002, the Tampa Office received another
complaint from the cellular telephone system licensee stating
that, on May 18, 2002, between 6:30 and 9:00 P.M., the cellular
antenna light display unit located at Accessory Connection in
Jensen Beach, Florida interfered with cellular telephone
5. On May 22, 2002, the Tampa Office mailed, via certified
mail return receipt requested, an official Citation to Mr. Jon
Hannan, Jr., president and registered agent of Accessory. The
Citation warned Accessory that operation of non-certified
cellphone antenna light display units violated the Act and the
Commission's Rules, explained the penalties for such
violations, and ordered that such violations cease immediately.
A signed certified receipt evidenced Accessory's receipt of the
Citation on May 25, 2002.
6. On June 13, 2002, an agent from the Tampa Office
traveled to the Treasure Coast Square Mall in Jensen Beach,
Florida. Upon arrival he observed a cellular antenna light
display unit operating at the Accessory kiosk. The agent
verified with the cellular telephone company that interference
was being received and customers were not able to make cellular
calls. The agent then returned to the Accessory kiosk to
conduct an inspection and make field strength measurements.
Again, the agent found a cellular antenna light display unit
that was not in compliance with FCC requirements because it was
not certified and operated without required Commission
authorization. A verbal warning was given to the Accessory
sales person that the device must not be turned on. The sales
person turned the device off. A check with the cellular
telephone company verified that they were no longer receiving
7. 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. On April 30 and June 13, 2002, Accessory operated radio
transmission equipment, namely a cellphone antenna light display
unit, without benefit of the required Commission license.2
Section 302 of the Act authorizes the Commission to regulate
equipment capable of emitting radio frequency energy that may
cause interference to radio communications. Section 302(b)
further states that no person shall use such devices that fail to
comply with Commission regulations. On April 30 and June 13,
2002, Accessory operated a radio frequency device, namely a
cellphone antenna display unit, that did not possess the required
FCC equipment certification, that exceeded the radiation
limitations for such devices, and that caused harmful
8. Based on the evidence before us, we find Accessory
Connection Inc. willfully4 and repeatedly5 violated Sections 301
and 302(b) of the Communications Act of 1934, as amended, by
operating an unauthorized cellular antenna light display unit
without the required Commission authorization.
9. Pursuant to Section 1.80(b)(4) of the Rules,6 the base
forfeiture amount for operation of radio transmission equipment
without an authorization 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 Communications
Act of 1934, as amended, which include 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 Accessory's violations are repeated, and occurred
after repeated written and verbal warnings, and Accessory's
violations caused harmful interference to authorized radio
communications. Therefore, considering the entire record and
applying the factors listed above, this case warrants an upwards
adjustment of the base forfeiture amount from $10,000 to $20,000.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 of the
Rules,9 Accessory Connection Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty
thousand dollars ($20,000) for willful and repeated violation of
Sections 301 and 302(b) of the Act by operating a radio frequency
device without the required license, and using a device that
failed to comply with the Commission's regulations.
11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Accessory Connection Inc. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
12. 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. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.10
13. 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. referenced above.
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
15. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Accessory Connection Inc., c/o Jon Hannan, Jr., 1205 Dewar
Court, Palm Bay, Florida 32905.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Office, Enforcement Bureau
1 47 U.S.C. §§ 301 and 302a(b)
2 Section 301 of the Act generally requires issuance of an
individual license to operate radio transmission equipment. Part
15 of the Commission's Rules allows operation of certain very low
power devices without issuance of an individual license provided
the devices meet equipment authorization requirements and the
strict radiation limits of the Commission's Rules. See 47 C.F.R.
§ 15.1, et seq. The device operated by Accessory far exceeded
the allowed radiation limits for such low-power non-licensed
devices. See 47 C.F.R. § 15.209.
3 See 47 C.F.R. §§ 15.201(b), 15.209, and 15.5.
4 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 4387-88 (1991).
5 The 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.'' 47 U.S.C. §
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 See 47 C.F.R. § 1.1914.