Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




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

                                )
In the Matter of                )
                                )       File Number EB-01-DL-512
David Edwin Merrell             )
                                )      NAL/Acct.No. 200132500002 
Wichita Falls, Texas            )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released:  September 10, 2001

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.In this  Notice of Apparent  Liability for Forfeiture,  we 
find that David Edwin Merrell apparently violated Section 301  of 
the Communications Act of 1934,  as amended (?Act?),1 by  operating 
an unlicensed radio station without Commission authorization.  We 
conclude that  David Edwin  Merrell is  apparently liable  for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.  In  April  and May,  2001,  the  FCC  received  numerous 
complaints stating that an unidentified station operating on 7238 
KHz  and  7235  KHz   had  caused  intentional  interference   to 
authorized communications.  The  FCC's high  frequency  direction 
finding network determined the interfering station was located in 
the Wichita Falls, Texas area.

     3.On  June 26,  2001, agents  from the  FCC's Dallas  Office 
monitored an unidentified  station operating on  7220 kHz in  the 
40-meter amateur radio band.  On June 26, 2001 and June 27,  2001 
the agents determined that the  transmissions on 7220 kHz in  the 
Amateur Band emanated from the residence at 704 Ross Avenue.  The 
station did not identify and transmitted only one-way broadcasts.

     4.On  June 27,  2001, agents  inspected the  station at  704 
Ross Avenue.   David Edwin  Merrell,  resident at  that  address, 
admitted to the transmissions and stated  that he did not have  a 
station  or  operator  license.  Mr.  Merrell  stated  that   the 
transmissions  were  ?something  to  do?  and  were  made  ?to   get 
attention.?  Mr. Merrell further stated that he was not interested 
in talking to people but only in making one-way transmissions.

     5.A subsequent  search of FCC's  records confirmed that  Mr. 
Merrell was  not licensed  by the  Commission to  operate on  the 
frequency 7220 kHz. 

                        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.1

     7.Based on the evidence before us, we find that on June  26, 
2001, David  Edwin Merrell  repeatedly2 and  willfully3  violated 
Section 301 of the Act by operating radio transmission  apparatus 
without a license.

     8.Pursuant  to   Section  1.80(b)(4)  of  the   Commission's 
Rules,4 the base  forfeiture amount  for the  violation cited  in 
this notice is $10,000. Section 503(b)(2)(D) of the Act5 requires 
us to take into account  ?? 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  and  applying the  statutory  factors  listed 
above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     9.Accordingly,  IT  IS ORDERED  THAT,  pursuant  to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended6,  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules7,  David 
Edwin Merrell is hereby NOTIFIED of his APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willful violation of  Section 301  of the  Communications Act  of 
1934, as amended.8

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules9, within thirty  days of the release  date 
of this NOTICE OF APPARENT  LIABILITY, David Edwin Merrell  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. referenced in the letterhead above.

     12.  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 in the letterhead 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:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10 

     15.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  David Edwin  Merrell at  704 Ross  Avenue,  Wichita 
Falls, Texas 76306.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              James D. Wells
                              District Director,  Dallas  Office, 
Enforcement Bureau
_________________________

1 47 U.S.C.  301
2 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally 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.?
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
4 47 C.F.R.  1.80(b)(4)
5 47 U.S.C.  503 (b)(2)(D)
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.