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


In the Matter of                )
                                )
Klaus D. Kramer                 )          File No. EB-01-DL-0345
                                )
Oklahoma City, OK               )       NAL/Acct.No. 200132500001


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: July 13, 2001
By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that  Klaus  D.  Kramer,   violated  Section  301  of   the 
Communications Act of 1934 (``Act''), as amended,1 by operating a 
radio station  on Citizens  Band frequencies  without  Commission 
authorization.  We conclude  that Klaus D.  Kramer is  apparently 
liable for  a forfeiture  in  the amount  of nine  thousand  five 
hundred dollars ($9,500). 


                         II.  BACKGROUND
 
     2.   On January  20, 2001,  the FCC's  Enforcement  Bureau's 
Communications and Crisis Management Center received a  telephone 
call complaining about a Citizens  Band operator in the  Oklahoma 
City area operating with excessive power and using the  pseudonym 
``Bamm Bamm''. 

     3.   On February  21, 2001,  two  Commission agents  in  the 
Oklahoma City, Oklahoma area  observed transmissions on  Citizens 
Band  channel  19  (27.185  MHz)  with  the  operator  using  the 
pseudonym ``Bamm Bamm''.   Using an  FCC radio  direction-finding 
vehicle, the agents  determined that  the transmissions  emanated 
from the residence of Klaus D. Kramer in Grady County,  Oklahoma.  
An abrupt increase in signal strength was noted corresponding  to 
the operator transmitting  a statement  that he  was turning  his 
``power back on.'' 

     4.   On February 23,  2001, two FCC  agents in the  Oklahoma 
City,  Oklahoma  area  observed  a  series  of  transmissions  on 
Citizens Band channel 19 (27.185 MHz) each with a male voice  and 
repeating a  message.   A  series  of  other  transmissions  were 
observed on the same channel (CB  channel 19) each with a  female 
voice  repeating  a  different  message.   Using  an  FCC   radio 
direction-finding vehicle, an  FCC agent determined  that one  of 
the transmissions emanated from 1211 N. Shartel Avenue,  Oklahoma 
City,  Oklahoma.   FCC   agents  using  radio   direction-finding 
vehicles determined that  the other  transmissions emanated  from 
Mike's Cycle  Shop,  a business  owned  by Klaus  D.  Kramer  and 
located at 2212  SW 29th  Street, Oklahoma  City, Oklahoma.   The 
Commission agents conducted an inspection at 2212 SW 29th Street, 
Oklahoma City,  Oklahoma and  determined  that Klaus  Kramer  was 
using an uncertified Citizens  Band transmitter installed  inside 
the casing  of an  Industrial/Business UHF  two-way  transceiver.  
The output of the CB transmitter was connected to a model ``Dixie 
Lander 3'' external radio frequency power amplifier.  This system 
was automatically activated upon reception of a tone coded signal 
on 469.575 MHz, an Industrial/Business Pool frequency  authorized 
for other purposes  to Klaus  D. Kramer d.b.a.  Mikes Cycle  Shop 
under license WPHP749. 

     5.   Immediately following the  inspection at  2212 SW  29th 
Street, the agents  conducted an  inspection at  1211 N.  Shartel 
Avenue and determined that Klaus  D. Kramer was using a  modified 
Realistic Navaho CB  transmitter that  was connected  to a  ``DX-
400''  external  radio  frequency  power  amplifier.    Installed 
internally to the CB transmitter  was an integrated circuit  chip 
with the male voice message digitally recorded and a UHF receiver 
that automatically activated the CB transmitter upon reception of 
a tone coded signal on  469.575 MHz, an Industrial/Business  Pool 
frequency authorized for other purposes to Klaus D. Kramer d.b.a. 
Mikes Cycle Shop under WPHP749.  The agents verbally warned Klaus 
D. Kramer that use of an external radio frequency power amplifier 
and/or a modified CB transmitter voided his authority to  operate 
a CB station,  that such  operation violated Section  301 of  the 
Act, and advised him of  the penalties for unlicensed  operation.  
Klaus D. Kramer admitted to making the transmissions on  February 
21,  2001  utilizing  an  ``Afterburner''  model  external  radio 
frequency power amplifier.  Furthermore, Klaus D. Kramer admitted 
to making by  remote control  the transmissions  on February  23, 
2001 using external radio frequency power amplifiers connected to 
the  non-certified  transmitters  which  he  admitted  modifying.  
Klaus  D.  Kramer,  as   owner  of  the  equipment,   voluntarily 
relinquished the equipment to the FCC agents. 

     6.   In  March  1998  and   October  1999,  agents  of   the 
Commission's Dallas Office  determined that Klaus  D. Kramer  had 
committed similar violations.


                        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 
license2.  Pursuant to Section 307(e) of the Act, Section  95.404 
authorizes operation  of a  Citizens  Band (CB)  station  without 
individual licenses  in accordance  with the  rules in  Part  95, 
Subpart D of the Commission's Rules.  However, Section  95.409(b) 
of the Commission's Rules voids individual authority to operate a 
CB station  under  Section  95.404 if  the  operator  utilizes  a 
certificated  CB   transmitter   with   internal   modifications.  
Moreover,  Section  95.411  of   the  Commission's  Rules   voids 
individual authority  to operate  a CB  station if  the  operator 
utilizes an external radio frequency power amplifier.

     8.   Based on  the  evidence  before us,  we  find  that  on 
February 21  and  23,  2001,  Klaus  D.  Kramer  repeatedly3  and 
willfully4 violated Section  301 of  the Act  by operating  radio 
transmitters without Commission authorization.

     9.   Pursuant  to   The   Commission's   Forfeiture   Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture Guidelines,  12 FCC Rcd 17087  (1997), 
recon.  denied,  15  FCC  Rcd  303  (1999)  (``Forfeiture  Policy 
Statement''),  the  base   forfeiture  amount   is  $10,000   for 
unlicensed  operation.   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.5  Klaus D. Kramer's violation was willful 
and repeated.  However, a reduction in this forfeiture amount  by 
$500  is  warranted   based  on  Klaus   D.  Kramer's   voluntary 
relinquishment  of  the   offending  non-certified   transmitting 
equipment.   Applying   the  Forfeiture   Policy  Statement   and 
statutory factors to  the instant  case, a  $9,500 forfeiture  is 
warranted.


                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,7 Klaus D. Kramer,  is hereby NOTIFIED of  his 
APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  nine 
thousand five hundred dollars ($9,500) for violating Section  301 
of the Act8.


     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,9 within thirty  days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Klaus D. Kramer, 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,  IL  60673-7482.   The  payment should  note  the 
NAL/Acct. No. referenced in the letterhead above.

     13.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Office  of  the  Secretary,  Federal 
Communications Commission, 445  12th Street,  SW, Washington,  DC 
20554, Attn:  Enforcement Bureau  - Technical  and Public  Safety 
Division, and MUST  INCLUDE THE  NAL/Acct. No.  reference in  the 
letterhead 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, SW, Washington, DC  20554.10

     16.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Klaus  D. Kramer  at 2212 SW  29th Street,  Oklahoma 
City, OK  73119-2118.



                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         District Director - Dallas Office

_________________________

1 47 U.S.C.  301. 

2 Id.

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

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 47 U.S.C.  301

9 47 C.F.R.  1.80.

10 See 47 C.F.R.  1.1914.