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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. 200132960002 
a/k/a Marvin Eugene Barnes                                      
)
                  800 Weeks St.                                                      
                              )
East Palo Alto, CA  94301                                      
)


        I.1.      NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released: April  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. a/k/a  Marvin 
Eugene  Barnes  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.   We  conclude   that  Joshie   Yasin 
Nakamura, Sr. a/k/a Marvin Eugene Barnes is apparently liable for 
forfeiture in the amount of ten thousand dollars ($10,000).

                         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.   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. a/k/a Marvin Eugene Barnes was operating  the 

station without authorization from the Commission.  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. a/k/a Marvin Eugene Barnes 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.2 

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

September 10,  2000,  Joshie  Yasin Nakamura,  Sr.  a/k/a  Marvin 

Eugene Barnes  operated radio  transmission apparatus  without  a 

Commission authorization in repeated3  and willful4 violation  of 

Section 301 of the Act.5 

     8.   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  amount   is  $10,000   for 

unlicensed operation.6   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.7 Applying the Forfeiture Policy Statement 

and statutory factors to the  instant case, a $10,000  forfeiture 

is warranted.


                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended8,  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules9, Joshie 
Yasin Nakamura, Sr. a/k/a Marvin Eugene Barnes is hereby NOTIFIED 
of his APPARENT LIABILITY FOR A  FORFEITURE in the amount of  ten 
thousand dollars ($10,000) for violating Section 301of the Act.10

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules11, within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Joshie Yasin Nakamura,  Sr. 
a/k/a Marvin  Eugene Barnes  SHALL  PAY the  full amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     11.  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. 200132960002.

     12.  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. 200132960002 
referenced above.

     13.  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.




     14.  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. 20554.12 

     15.  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.  a/k/a  Marvin  Eugene 
Barnes 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.  301

3 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.''

4 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).

5 47 U.S.C.  301.

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

7 47 U.S.C.  503(b)(2)(D).  See also Forfeiture Policy 
Statement, 15 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

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

9 47 C.F.R.  0.111, 0.311, 1.80.

10 47 U.S.C.  301.

11 47 C.F.R.  1.80.

12 See 47 C.F.R.  1.1914.