Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-DT-610
Frank Kluz )
Lancaster, Ohio ) NAL/Acct. No.
) FRN: 0007-4207-22
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 23,
By the District Director, Detroit Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Frank Kluz, Lancaster, Ohio, has apparently
violated Section 95.411 of the Commission's Rules (``Rules'')1 by
using an external radio frequency power amplifier (``linear
amplifier'') as part of his Citizens Band Radio (``CB'') station.
We conclude that Frank Kluz is apparently liable for a forfeiture
in the amount of five thousand dollars ($5,000).
2. On June 22, 2001, the City of Lancaster, Ohio, Office
of the Law Director and City Prosecutor Office, sent a complaint
letter to the FCC Enforcement Bureau's Detroit Office. The
complaint concerned interference to neighborhood home electronic
entertainment devices caused by the operation of a CB radio
station operated by Mr. Kluz.
3. On July 19, 2001, the Detroit Office sent a Quiet Hours
letter to Mr. Kluz. The letter directed him, his family, and any
guests visiting him, not to operate any base or mobile radio
transmitter from his property or adjacent roadways from the time
the letter was received. The letter also directed him to contact
the Detroit Office to make arrangements for an inspection of his
4. On October 16, 2001, the City of Lancaster, Ohio,
Office of the Law Director and City Prosecutor Office sent a
second complaint letter to the FCC Enforcement Bureau's Detroit
Office. The complaint indicated that Mr. Kluz's CB radio
transmissions continued to cause interference to neighborhood
telephones, radios and television sets, thereby, violating the
Quiet Hours letter.
5. On October 31, 2001, an agent from the Detroit Office
monitored for transmissions from Mr. Kluz's CB station but none
were observed. The agent went to 245 Talmadge Avenue, Lancaster,
Ohio, the address stated in the complaints as Mr. Kluz's
residence. The agent inspected Mr. Kluz's CB station and found
it to be in compliance with FCC CB rules and regulations. As a
result, the Detroit Office sent a letter on November 14, 2001
releasing him from the conditions that had been imposed on his CB
station by the Quiet Hours letter.
6. On January 21, 2002, the Office of Congressman David L.
Hobson referred a complaint from his constituents regarding
interference to telephones and home electronic equipment caused
by Mr. Kluz's CB radio station. This correspondence was
forwarded to the Enforcement Bureau headquarters for tracking
purposes and official response.
7. On June 10, 2002, the FCC Enforcement Bureau's Detroit
Office received a complaint letter from a resident in Lancaster,
Ohio. The complaint alleged interference to neighborhood home
electronic entertainment devices from Mr. Kluz's CB radio
8. On June 25, 2002, agents from the Detroit Office
monitored CB transmissions on 27.185 MHz (CB Channel 19) and
positively identified the source of the transmissions at 8:26
p.m. as emanating from 245 Talmadge, Lancaster, Ohio. After
identifying the source of the transmissions, the agents then
proceeded to the residence and spoke with Mr. Kluz. Upon
inspection of his CB radio station, the agents observed a Palomar
TX-200B linear amplifier attached to his CB transceiver. Mr.
Kluz indicated that he had obtained the linear amplifier, from a
friend, two days earlier and was checking it out for his friend.
Measurements taken by the agents indicated that the linear
amplifier had an output power that ranged from 12.5 watts to 75
9. Section 95.411 of the Rules prohibits attaching a power
amplifier to a CB transmitter in any way. Furthermore, pursuant
to Section 95.411(c) of the Rules2, 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 was
operated with more power than allowed by the Rules. In this
case, Mr. Kluz's CB radio station was positively identified
operating immediately prior to the inspection and the inspection
revealed that his station consisted of a CB transceiver with an
attached linear amplifier and power indicator meter. Other
evidence of overpower operation includes complaints of
interference to neighborhood electronic devices the Detroit
Office received regarding his CB operation, and his admission
that he operated his CB radio with the linear amplifier attached.
10. Based on the evidence before us, we find that Frank
Kluz willfully3 violated Section 95.411 by having a linear
amplifier in line at his CB station. The Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17113
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy
Statement'')4, sets the base forfeiture amount at $5,000 for the
use of unauthorized equipment. In assessing the monetary
forfeiture amount, we must take into account the statutory
factors set forth in Section 503(b)(2)(D) of the Communications
Act of 1934,5 as amended, (``Act''), 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. Considering the entire record, applying the
Forfeiture Policy Statement and the statutory factors to the
instant case and applying the inflation adjustments, we believe
that a five thousand dollar ($5,000) monetary forfeiture is
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Rules7, Frank Kluz 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 Rules.
12. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Frank Kluz SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
13. 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. 200232360008, FRN: 0007-4207-22.
14. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE the NAL/Acct. No. 200232360008, FRN: 0007-
15. 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
16. 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,
17. IT IS FURTHER ORDERED THAT THIS NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail, Return Receipt
Requested, to Mr. Frank Kluz, 245 Talmadge Avenue, Lancaster,
James A. Bridgewater
Detroit Office, Enforcement
1 47 C.F.R. § 95.411 [CB Rule 11].
2 47 C.F.R § 95.411(c) [CB Rule 11].
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).
447 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, and 0.311.
8 See 47 C.F.R. § 1.1914.