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                           Before the
                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:

                        I.  INTRODUCTION

     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 
regulations. 

                         II.  BACKGROUND

     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 
communications.

     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 
 interference.

                        III.  DISCUSSION

     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 
interference.3

     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 
submitted.  

     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.  
312(f)(2).

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.