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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-03-PA-003
Dominic DeNaples )
WNKK817 ) NAL/Acct. No.
Dunmore, Pennsylvania )
) FRN: 0008-27-4771
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 27, 2003
By the District Director, Philadelphia Office, Enforcement
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Dominic DeNaples has apparently violated
Sections 1.903(a) of the Commission's Rules (the ``Rules'')1 by
transmitting on an unauthorized frequency. This section requires
that a licensee operate its station in compliance with the terms
of the station authorization. We conclude that Dominic DeNaples
is apparently liable for a forfeiture in the amount of four
thousand dollars ($4,000).
2. On March 19, 2002, a licensee, filed a complaint with
the Enforcement Bureau's Philadelphia Office alleging that an
unidentified auto parts dealer was causing harmful co-channel
interference to his radio communications on the frequency 154.515
MHz. While investigating the complaint on January 14, 2003, an
FCC Agent with the Philadelphia Office monitored radio
communications on the frequency 154.515 MHz from persons who were
apparently involved in the distribution of auto parts.
3. On January 14, 2003 between 2:30 p.m. and 3:15 p.m.,
the agent used direction-finding techniques to positively
determine that the source of the radio transmissions on the
frequency 154.515 MHz was located at DeNaples Auto Parts, 400
Mill Street, Dunmore, Pennsylvania 18512. During an inspection
of the company's radio communications equipment, the agent
determined that DeNaples Auto Parts operated a base station and
mobile radios on the frequency 154.515 MHz.
4. Mr. Dominic DeNaples, the owner of the DeNaples Auto
Parts, acknowledged that he is the owner of the radio
communications equipment and responsible for its operation. He
provided the FCC agent with a copy of the license for station
WNKK817 as evidence that he was authorized to operate the radio
communication equipment. However, the license for station
WNKK817 only authorized Mr. DeNaples to operate radio
communications equipment on the frequencies 452.1750 MHz and
457.1750 MHz at 400 Mill Street, Dunmore, Pennsylvania. The
Commission has no record that the Dominic DeNaples was authorized
to operate any radio communications equipment on the frequency
5. Section 1.903(a) of the Rules requires that stations in
the Wireless Radio Service must be used and operated only in
accordance with the rules applicable to their particular service
as set forth in this title and with a valid authorization granted
by the Commission under the provisions of this part. On January
14, 2003, Dominic DeNaples operated radio communications
equipment on the unauthorized frequency 154.515 MHz, in violation
of Section 1.903(a) of the Rules.
6. Based on the evidence before us, we find that Dominic
DeNaples willfully2 violated Sections 1.903(a) of the Rules. The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporated the Forfeiture Guidelines, 12
FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd 303(1999)
(``Forfeiture Policy Statement''),3 sets the base forfeiture for
operating on an unauthorized frequency at four thousand dollars
($4,000). 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 1934,4 (the ``Act''),
as amended, 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. Applying the
Forfeiture Policy Statement and the statutory factors to the
instant case and applying the inflation adjustments, we believe
that a four thousand dollar ($4,000) forfeiture is warranted.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act5, and Sections 0.111, 0.311 and 1.80 of the
Rules6, Dominic DeNaples is hereby NOTIFIED of its APPARENT
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars
($4,000) for operating radio communications equipment on an
unauthorized frequency, in violation of Section 1.903(a) of the
8. 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, Dominic DeNaples SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.
9. 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 must include
the FCC Registration Number (FRN) 0008-27-4771, and should note
the NAL/Acct. No. 200332400009.
10. 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. 200332400009 and FRN:
11. 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
12. 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. 20554.7
13. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical and Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Dominic DeNaples, 400 Mill Street, Dunmore,
FEDERAL COMMUNICATIONS COMMISSION
John E. Rahtes
Attachment A: Condensed List of Small Entities
1 47 C.F.R § 1.903(a).
2 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).
3 47 C.F.R. § 1.80.
4 47 U.S.C § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, and 0.311.
7 See 47 C.F.R. § 1.1914.