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                 )
                                )
Daniel Granda                    )    File Numbers:  EB-03-LA-050
                                )                    EB-2002-347
Licensee of Amateur Station      )     NAL/Acct. No. 200432900001
KA6VHC                           )                FRN  0008889461
Whittier, California

          
                              
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  March 31, 2004
By the District Director, Los Angeles Office, Enforcement Bureau:


                        I.   INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
("NAL"), we find Daniel Granda, licensee of Amateur radio station 
KA6VHC, has willfully and repeatedly violated Sections 308(b) and 
333 of the Communications  Act of 1934,  as amended and  Sections 
97.101(b)   and   97.101(d)    of   the   Commission's    Rules.1  
Specifically, we find Mr. Granda apparently liable for failure to 
respond  to  official   Commission  correspondence  and   causing 
intentional interference  to  Amateur radio  communications.   We 
conclude, pursuant to Section 503(b) of the Communications Act of 
1934, as  amended (``Act''),2  that Daniel  Granda is  apparently 
liable for a forfeiture in the amount of eleven thousand  dollars 
($11,000).


                         II.  BACKGROUND

     2.  On December 4, 2002, the Enforcement Bureau issued via 
regular and certified mail a Warning Notice to Mr. Granda for 
causing deliberate interference to amateur repeater stations 
KD6ZLZ and WA6NJJ, based upon a complaint received by the Bureau 
on November 18, 2002.3  Mr. Granda was required to provide, 
within 60 days of the date of the letter, a detailed plan to 
prevent interference to repeaters KD6ZLZ and WA6NJJ.  The 
December 4, 2002, Notice sent via certified mail to Mr. Granda 
was returned as ``Unclaimed'' on January 6, 2003.  The Notice 
sent by regular mail was not returned to the Enforcement Bureau.

     3.  On January 7, 2003, the Commission issued via regular 
and certified mail a follow-up Warning Notice that included the 
December 4, 2002, Warning Notice and enclosed a complaint about 
interference from Mr. Granda's station.4  The January 7, 2003, 
Notice sent via certified mail to Mr. Granda was returned as 
``Unclaimed'' on January 13, 2003.  The Notice sent by regular 
mail was not returned to the Commission.

     4.  On January 13,  2003, the District  Director of the  Los 
Angeles Field  Office  issued a  Warning  Notice to  Mr.  Granda, 
through  certified  and  regular  mail,  that  his  station   was 
transmitting  improperly  and   causing  interference  to   other 
stations, and  that  automatic  control must  cease  and  not  be 
resumed without prior approval5.   The Notice sent via  certified 
mail to Mr. Granda was  returned as ``Unclaimed'' on January  30, 
2003.  The Notice sent  by regular mail was  not returned to  the 
Los Angeles Field Office. 
     
     5.  On March 6, 2003, an agent of the Los Angeles Office 
determined that Mr. Granda's station, KA6VHC, was re-transmitting 
communications from 223.275 MHz onto 222.24/223.84 MHz, the 
input/output frequencies of another Amateur repeater, WA6NJJ.

     6.  On March 21, 2003, an agent of the Los Angeles Office 
recorded Mr. Granda's station, KA6VHC, interfering with the input 
frequency of the WA6NJJ repeater.  Again, Mr. Granda's station, 
KA6VHC, was re-transmitting communications from 223.275 MHz onto 
the repeater station operating on the frequencies 222.24/223.84 
MHz.

     7.  On April 1, 2003, an agent of the Los Angeles Office 
determined that Mr. Granda's station, KA6VHC, was re-transmitting 
communications from 147.4375 MHz onto the repeater station 
operating on the frequencies 222.24/223.84 MHz.

     8.  On April 2, 2003, an agent of the Los Angeles Office 
positively identified, through mobile direction finding 
techniques, transmissions from Mr. Granda's residence at 5522 
Greenleaf Avenue, Whittier, CA 90601, as the source of an 
unidentified un-modulated carrier. 

     9.  On April 8, 2003, an agent of the Los Angeles Office 
monitored 222.24/223.84 MHz and determined, by direction finding 
techniques, that Mr. Granda's station, KA6VHC, was retransmitting 
communications from 147.49 MHz onto the repeater station 
operating on the frequencies 222.24/223.84 MHz and interfering 
with ongoing radio communications.   

     10.  On April 14, 2003, an agent of the Los Angeles Office 
determined that KA6VHC was re-transmitting communications from 
147.4375 MHz onto the repeater station operating on the 
frequencies 222.24/223.84 MHz.  The agent also identified and 
recorded radio interference transmitted by KA6VHC on the 
frequency 223.84.

     11.  On April 15, 2003, agents of the Los Angeles Office 
positively identified the source of radio signals on 222.24 MHz 
through mobile direction finding to 5522 Greenleaf Avenue, 
Whittier, the residence of Mr. Granda.  The agents conducted an 
inspection of Mr. Granda's station at that location and observed 
radio equipment capable of transmitting on all of the frequencies 
referenced above.  Mr. Granda orally admitted that he received 
several Warning Notices from the Commission.  During the 
inspection, Mr. Granda stated that a person in Covina was using 
``his'' frequency, 222.24/223.84 MHz.  Additionally, Mr. Granda 
stated he was trying to prevent anyone from using ``his'' 
frequency by re-transmitting 147.49 MHz signals on 222.24/223.84 
MHz to ``keep the channel occupied''.

     12.  On April 16, 2003, an agent of the Los Angeles Office 
observed that audio from 147.49 MHz was being re-transmitted onto 
222.24/223.84 MHz from Mr. Granda's residence.    


                      III.      DISCUSSION

     13.  Section 503(b) of the Act provides that any person  who 
willfully or repeatedly  fails to comply  substantially with  the 
terms and conditions of any  license, or willfully or  repeatedly 
fails to comply with any of the  provisions of the Act or of  any 
rule, regulation or  order issued by  the Commission  thereunder, 
shall be liable for a forfeiture penalty.6  The term "willful" as 
used in Section 503(b) has  been interpreted to mean simply  that 
the  acts  or  omissions  are  committed  knowingly.7   The  term 
"repeated" means the commission or omission of such act more than 
once or for more than one day.8  

     14.  Section 308(b) of the Act states that the Commission, 
at any time after the filing of an original application, may 
require from a licensee written statements of fact to determine 
if a license should be revoked.  On three separate occasions, 
December 4, 2002, January 7, 2003, and January 13, 2003, Mr. 
Granda was issued Notices by the Commission, requiring responses.  
In all three cases, Mr. Granda failed to respond to the Notices 
issued by the Commission.

     15.  Section 333  of the  Act and Section  97.101(d) of  the 
Commission's  Rules  states  that   no  amateur  operator   shall 
willfully or maliciously interfere with or cause interference  to 
any  radio  communication   or  signal.   Additionally,   Section 
97.101(b) states  that each  licensee and  control operator  must 
cooperate in  selecting transmitting  channels and  no  frequency 
will be  assigned for  the  exclusive use  of any  station.   Mr. 
Granda willfully  and maliciously  caused interference  to  other 
stations and conducted activity in an effort to obtain  exclusive 
use of  the  channel  for  his  own  station.   These  activities 
occurred on March 6, March 21,  April 1, April 2, April 8,  April 
14, April 15 and April 16, 2003.

     16.  Based on the  evidence before us,  we find that  Granda 
operated radio  transmitting equipment  in willful  and  repeated 
violation of Section 308(b) of the  Act, Section 333 of the  Act, 
Section 97.101(d)  and  97.101(b)  of the  Rules  by  failing  to 
respond  to  Commission  correspondence  and  causing   malicious 
interference  and   transmitting  signals   in  an   attempt   to 
exclusively use a frequency.

     17.  The  base forfeiture  amount  set by  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to  Incorporate  the  Forfeiture  Guidelines  (``Forfeiture 
Policy  Statement''),9  and  Section  1.80  of  the  Commission's 
Rules,10 for failure to  respond to Commission correspondence  is 
$4,000 and  causing interference  is  $7,000.  In  assessing  the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors set forth in Section 503(b)(2)(D) of the Act,11 
which include the nature, circumstances, extent, gravity, ability 
to pay, and other such matters as justice may require.   Applying 
the Forfeiture Policy Statement and the statutory factors to  the 
instant case, we believe that an eleven thousand dollar ($11,000) 
monetary forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     18.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Daniel 
Granda is hereby NOTIFIED of this APPARENT LIABILITY FOR 
FORFEITURE in the amount of twelve thousand dollars ($11,000) for 
willful and repeated violations of Section 308(b) and Section 333 
of the Communications Act of 1934, as amended, Section 97.101(b) 
and Section 97.101(d) of the Commission's Rules.12

     19.  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, Daniel Granda SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     20.  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, and P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN referenced in the caption.

     21.  Any response to this NAL must be mailed to Federal 
Communications Commission Office of the Secretary, 445 12th 
Street, S.W., Washington, D.C. 20554, Attn: Enforcement Bureau-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct. No. 
and FRN referenced in the caption.

     22.  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; 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.

     23.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Credit and Debt Management Center, 445 12th Street, 
S.W., Washington, D.C. 20554.13

     24.  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 Spectrum Enforcement  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 Act.   If you have questions  regarding any of  the 
information contained  in Attachment  A, please  contact OCBO  at 
(202) 418-0990.

     25.  IT IS FURTHER ORDERED  THAT this Notice shall be  sent, 
by Certified Mail, Return Receipt Requested, and by regular mail, 
to Daniel Granda, 5522 Greenleaf Avenue, Whittier, CA 90601.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Catherine Deaton
                         District Director
                         Los Angeles District Office

  - Unhandled Picture -  
Enclosure:  FCC List of Small Entities

_________________________

1 47 U.S.C.  308(b), 333 and 47 C.F.R.  97.101(b), 97.101(d).

2 47 U.C.S.  503(b).

3 See Warning Notice from W. Riley Hollingsworth, Special 
Counsel, Enforcement Bureau, Federal Communications Commission, 
to Mr. Daniel Granda, dated December 4, 2002.
4 See Warning Notice from W. Riley Hollingsworth, Special 
Counsel, Enforcement Bureau, Federal Communications Commission, 
dated January 7, 2003.

5 See Warning Notice from Catherine Deaton, District Director, 
Los Angeles Office, Enforcement Bureau, Federal Communications 
Commission, dated January 13, 2003.
6 47 U.S.C.  503(b).

7 Section  312(f)(1) of  the Act,  47 U.S.C.   312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
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).

8 Section  312(f)(2) of  the Act,  47 U.S.C.   312(f)(2),  which 
applies to violations  for which forfeitures  are assessed  under 
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."

9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

10 47 C.F.R.  1.80(b)(4).

11 47 U.S.C.  503(b)(2)(D).

12 47 U.S.C.  503(b), 308(b), 333; 47 C.F.R.  0.111, 0.311, 
1.80, 97.101(b), 97.101(d).

13 See 47 C.F.R.  1.1914.