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


      In the Matter of                                     
                              )
                              )      File Number No. 99SF646        
Joshie Yasin Nakamura, Sr.                                       
)                                    NAL/Acct. No. 200132960001 
                  800 Weeks St.                                                      
                              )
East Palo Alto, CA  94301                                      
)


        I.1.      NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  March 19, 
2001

By the Enforcement Bureau, San Francisco Field Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Joshie  Yasin Nakamura, Sr. has  apparently 
violated Section 301 of the Communications Act of 1934 (``Act''), 
as amended1,  by operating  an amateur  radio station  without  a 
license issued  by the  Federal Communications  Commission.   Mr. 
Nakamura has also apparently violated  Section 325(a) of the  Act 
by transmitting a false distress signal.2 We conclude that Joshie 
Yasin Nakamura, Sr.  is apparently liable  for forfeiture in  the 
amount of seventeen thousand dollars ($17,000).

                         II.  BACKGROUND

     2.   The Commission's  San Francisco  Field Office  received 

several complaints  between January  26 and  March 2,  2000  from 

amateur radio licensees and the Amateur Radio Relay League (ARRL) 

Official Observer (OO).  They asserted  that a radio station  was 

operating on several amateur frequencies, including 445.175  MHz, 

without proper authorization from the Commission from a residence 

in East  Palo  Alto, CA.   In  addition they  asserted  that  the 

operator was causing interference by jamming and playing music.

     3.   On March  20, 2000,  agents from  the Commission's  San 

Francisco Field Office observed unidentified radio  transmissions 

on 445.175 MHz. Also,  the internationally known distress  signal 

"S O  S"  was  being  transmitted via  Morse  Code.   The  agents 

determined that the  source of the  transmissions was located  at 

800 Weeks Street, East  Palo Alto, CA.   The agents conducted  an 

inspection and  found that  Mr. Joshie  Yasin Nakamura,  Sr.  was 

operating the station without  authorization from the  Commission 

and Mr. Nakamura was not in distress.  Mr. Nakamura was  verbally 

notified of these  violations and issued  a Notice of  Unlicensed 

Radio Operation (NOUO) at that time.

     4.   The Commission's San  Francisco Field Office  continued 

to receive complaints between July 20 and September 8, 2000  from 

amateur radio licensees and the OO.  They asserted that the  same 

radio station was still operating on several amateur frequencies, 

including 144.63 MHz from a residence  in East Palo Alto, CA  and 

was continuing to cause interference to amateur communications by 

jamming and playing music.

     5.   On September 10, 2000, agents from the Commission's San 

Francisco Field  Office observed  radio transmissions  on  144.63 

MHz.  The agents determined that the source of the  transmissions 

was located at 800 Weeks Street, East Palo Alto, CA.  The  agents 

conducted an inspection and found that Mr. Joshie Yasin Nakamura, 

Sr. was  operating the  station  without authorization  from  the 

Commission.   Mr.  Nakamura  was  verbally  notified  of    these 

violations and issued a NOUO at that time.

                        III.  DISCUSSION

     6.   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.3 

     7.   Section 325(a) of the Act sets forth generally that  no 

person shall knowingly utter or transmit any false or  fraudulent 

signals of distress.4

     8.   Based on  the  evidence  before us,  we  find  that  on 

September 10,  2000, Joshie  Yasin Nakamura,  Sr. operated  radio 

transmission apparatus  without  a  Commission  authorization  in 

repeated5 and  willful6 violation  of Section  301 of  the  Act.7  

And, on March 20, 2000 Mr. Nakamura transmitted a false  distress 

signal in willful violation of Section 325(a) of the Act.8

     9.   Pursuant  to   The   Commission's   Forfeiture   Policy 

Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 

Incorporate  the  Forfeiture   Guidelines  (``Forfeiture   Policy 

Statement''),  the  base  forfeiture  amounts  are  $10,000   for 

unlicensed  operation,   and   $7,000   for   causing   malicious 

interference.9  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,  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.10 Applying  the Forfeiture Policy  Statement 

and statutory factors to the  instant case, a $17,000  forfeiture 

is warranted.


                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications Act  of  1934, as  amended11,  and 
Sections 0.111,  0.311  and  1.80 of  the  Commission's  Rules12, 
Joshie Yasin Nakamura,  Sr. is  hereby NOTIFIED  of his  APPARENT 
LIABILITY FOR A  FORFEITURE in the  amount of seventeen  thousand 
dollars ($17,000) for violating Sections 301, 325(a), and 333  of 
the Act.13

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules14, within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Joshie Yasin Nakamura,  Sr. 
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. 200132960001.

     13.  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.  
The response MUST INCLUDE THE NAL/Acct. No. 200132960001 
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.  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. 20554.15 

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Joshie Yasin Nakamura, Sr. at 800 Weeks Street, East 
Palo Alto, CA  94301.



                              FEDERAL COMMUNICATIONS COMMISSION



                              Thomas N. VanStavern
                              District Director
_________________________

1 47 U.S.C.  301.

2 47 U.S.C.  325(a).

3 47 U.S.C.  301

4 47 U.S.C.  325(a)

5 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies to Section 503(b) of the Act, provides that ``[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.''

6 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).

7 47 U.S.C.  301.

8 47 U.S.C.  325(a).

9 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel. 
December 28, 1999).

10 47 U.S.C.  503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

11 47 U.S.C.  503(b).

12 47 C.F.R.  0.111, 0.311, 1.80.

13 47 U.S.C.  301, 47 U.S.C.  325(a), 47 U.S.C.  333.

14 47 C.F.R.  1.80.

15 See 47 C.F.R.  1.1914.