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

In the Matter of                  )
                                  )
Raimundo P. Silva                 )       File Number: EB-04-SF-150
                                  )
Licensee of Amateur Station       )      NAL/Acct. No. 200532960001
KD6SXG                            )                  FRN 0009808163
Brentwood, California             )




         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released:  
                                                 October 26, 
                                                        2004

By  the District  Director,  San  Francisco Office,  Western 
Region, Enforcement Bureau:


I.           INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture ("NAL"), we find that Raimundo P. Silva 
(``Silva''), licensee of Amateur Station KD6SXG, apparently 
willfully and repeatedly violated Section 301 of the 
Communications Act of 1934, as amended ("Act"),1 by 
operating on the frequency of 297.530 MHz without Commission 
authorization.  We conclude, pursuant to Section 503(b) of 
the Communications Act of 1934, as amended,2 that Silva is 
apparently liable for a forfeiture in the amount of twenty 
thousand dollars ($20,000). 


II.  BACKGROUND

     2.   On April 12, 2004, the Commission's San Francisco 
Field Office received a complaint that an authorized United 
States government user was receiving harmful interference 
that obstructed and interfered with satellite communications 
from an unauthorized station operating on 297.530 MHz.  On 
April 19, 2004, San Francisco Office field agents, using 
electronic direction finding techniques, detected 
transmissions on 297.530 MHz.  The agents took bearings of 
the radio signal which indicated the source of the signal to 
be a station in the vicinity of the residence at 4691 
Christenson Street, Brentwood, California.  As the agents 
approached the Christenson Street address the bearings 
changed direction indicating that the radio transmitting 
device in use was mobile and was moving away from the area.  
The field agents continued to take bearings and followed the 
radio source from Brentwood to south of Antioch, California.  
Later that day, the agents detected the signal again and 
followed the bearings indicated by the direction finding 
equipment to the front of the residence at 4691 Christenson 
Street in Brentwood, California.  There they saw Raimundo 
Pereira Silva sitting in a white pickup truck registered 
with the California Department of Motor Vehicles in his name 
at that address.3 

     3.   On April 20, 2004, the field agents again detected 
transmissions on 297.530 MHz, with bearings again indicating 
the source of the radio signal as the Christenson Street 
residence.  Silva was sitting in the white pickup truck 
holding a radio transmitter microphone to his face.  The 
bearings indicated the source of the radio transmissions was 
the white pickup truck.

     4.   On April 22, 2004, the field agents detected 
transmissions on 297.530 MHz and took bearings that 
indicated that the source of the signal was from the 
residence at 4691 Christenson Street, Brentwood, 
California.4  Later that day, the field agents again 
detected transmissions from the residence.  The field agents 
detected Silva's transmissions emanating from the residence 
over six miles to the south and east of the Christenson 
Street address.  The field agents also detected several 
transmissions made by Silva on 297.530 MHz on May 27, 2004, 
and May 28, 2004, while Silva was driving the white pickup 
truck.  On May 27, 2004, the field agents detected 
transmissions by Silva over five miles from where he was 
transmitting.  The field agents confirmed with the 
complainant that the transmissions on May 27, 2004 caused 
harmful interference to the authorized users.  The field 
agents continued to monitor Silva's radio transmissions, 
detecting operations by Silva on 297.530 MHz on numerous 
occasions from September 22, 2004, to October 21, 2004.  The 
authorized user also continued to report harmful 
interference during this interval. 

     5.   According to Commission records, Raimundo P. 
Silva, 4691 Christenson Street, Brentwood, California, was 
issued a General Class, amateur radio operator license with 
call sign KD6SXG, on February 23, 1993.5  The license was 
renewed on October 31, 2003, and will expire on October 31, 
2013.  Pursuant to Section 97.103(a) of the Rules, licensed 
amateur radio operators are responsible for the proper 
operation of their stations in accordance with the 
Commission's Rules.6  Licensed amateur operators are 
authorized to operate on the frequencies listed Section 
97.301 of the Rules, as designated by their operator class 
and license.7  In order to use designated frequencies in the 
amateur bands, amateur operators must follow the frequency 
sharing requirements in Section 97.301 of the Rules and the 
United States Table of Frequency Allocations (``Table''), 
found in Sections 2.105 and 2.1068 of the Rules.9  The Table 
lists the use of the frequency band 267 - 322 MHz as Federal 
Government only.10  In the band 255 - 328.6 MHz, the fixed 
and mobile services are limited to the military services.11  
The use of the band 235 - 322 MHz is allocated on a primary 
basis to the mobile-satellite service, limited to military 
operations.12  A review of Commission records reveals no 
record of a license for the use of 297.530 MHz issued to any 
individual or entity in the vicinity of Brentwood, 
California.  

III. DISCUSSION

     6.   Section 503(b) of the Act provides that any person 
who willfully fails to comply substantially with the terms 
and conditions of any license, or willfully 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.  The term 
"willful" as used in Section 503(b) has been interpreted to 
mean simply that the acts or omissions are committed 
knowingly.13  The term "repeated" means the commission or 
omission of such act more than once or for more than one 
day.14

     7.   Section 301 of the Act requires that no person 
shall use or operate any apparatus for the transmission of 
energy or communications or signal by radio except under and 
in accordance with this Act and with a license granted under 
the provisions of this Act.15  On April 19, 2004, April 20, 
2004, April 22, 2004, May 27, 2004 and May 28, 2004, Silva, 
without authorization, operated a radio transmitting 
apparatus16 on the frequency 297.530 MHz, a frequency 
reserved for United States government use.  On numerous 
additional occasions from September 22, 2004, to October 21, 
2004, Silva, without authorization, operated a radio 
transmitting apparatus on a frequency reserved for United 
States government use.  Silva's unauthorized radio 
operations in April, May, September, and October, 2004, 
caused harmful interference that obstructed and interfered 
with satellite communications of authorized government 
users.  As a licensed amateur operator, Silva is required to 
know which frequencies he is permitted to operate on.  The 
frequency 297.530 MHz is not one of those frequencies.  
However, Silva continually operated on the frequency 297.530 
MHz without authorization.  Therefore, Silva's violation was 
willful.  His violation occurred on more than one day, 
therefore, it was repeated.

     8.   Pursuant to The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
Statement"), and Section 1.80 of the Rules, the base 
forfeiture amount for operation without an instrument of 
authorization for the service is $10,000.17  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 violations, and 
with respect to the violator, the degree of culpability, and 
history of prior offenses, ability to pay, and other such 
matters as justice may require.18  Based on the criteria in 
Section 503(b)(2)(D) of the Act, and the upward adjustment 
criteria in the Forfeiture Policy Statement, we find that an 
upward adjustment of the base forfeiture amount of $10,000 
is warranted.19  Silva's apparent willful and repeated 
unlicensed and unauthorized radio operation in a restricted 
band is egregious.  According to the evidence, Silva 
operates radio transmission equipment on a frequency 
reserved exclusively for the United States government.  
Silva's unauthorized radio operations cause harmful 
interference to the authorized users.    Silva's radio 
operations on the restricted frequency have been ongoing for 
many months and continued into October, 2004.  Considering 
the entire record and applying the factors listed above, we 
conclude a forfeiture in the amount of $20,000 is 
appropriate.


IV.  ORDERING CLAUSES

     9.   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, Raimundo P. Silva is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
twenty thousand dollars ($20,000) for violations of Section 
301 of the Act.20

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Commission's Rules within thirty days of the 
release date of this Notice of Apparent Liability for 
Forfeiture, Raimundo P. Silva 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 must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by 
check or money order may be mailed to Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West 
Monroe, 8th Floor Mailroom, Chicago, IL 60661.   Payment by 
wire transfer may be made to ABA Number 071000013, receiving 
bank Bank One, and account number 1165259.

     12.  The response, if any, must be mailed to San 
Francisco District Office, Western Region, Enforcement 
Bureau, Federal Communications Commission, 5653 Stoneridge 
Drive, Suite 105, Pleasanton, California, 94588, and must 
include the NAL/Acct. No. referenced in the caption.  

     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 for Forfeiture under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.21






     15.  IT IS FURTHER ORDERED THAT a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by 
Certified Mail, Return Receipt Requested, regular mail, and 
hand-delivered to Raimundo P. Silva, 4691 Christenson 
Street, Brentwood, California, 94513. 



                              FEDERAL COMMUNICATIONS 
COMMISSION



                              Thomas N. VanStavern
                              District Director
                              San Francisco Office
                              Western Region
_________________________

147 U.S.C.  301.

247 U.S.C.  503(b).  

3California  DMV  records  and drivers  license  photographs 
enabled the field agents to identify Silva as the man in the 
white pickup truck. 

4At this time, the white Dodge pickup truck was present, but 
no one was in the vehicle.   

5In accordance with Part 97 of the Commission's Rules, 
operation of an amateur station requires an amateur operator 
license grant from the FCC.  Before receiving a license 
grant, an applicant must pass an examination which contains 
one telegraphy (Morse Code) element and three written 
elements which establish the applicant's level of 
operational and technical ability in performing properly the 
duties of an amateur service licensee.  The class for which 
each examinee is qualified is determined by the degree of 
skill and knowledge in operating a station that the examinee 
demonstrates at the examination.  There are six classes of 
amateur operator licenses.  The higher the license class, 
the more expertise the licensee must demonstrate and the 
greater the frequency privileges the amateur operator is 
authorized.  In ascending order, the classes of amateur 
operator license grants are: Novice, Technician, Technician 
Plus, General, Advanced and Amateur Extra.  See 1998 
Biennial Regulatory Review - Amendment of Part 97 of the 
Commission's Amateur Service Rules, 13 FCC Rcd 15798 (1998).

647 C.F.R.  97.103(a).   

747 C.F.R.  97.301. 

847 C.F.R.  2.105, 2.106.  

9See 47 C.F.R.  97.303.   

1047 C.F.R.  2.106. 

1147 C.F.R.  2.106, Federal Government Footnote G27. 

1247 C.F.R.  2.106, Federal Government Footnote G100.  

13Section 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 or any rule or 
regulation of the Commission authorized by this Act...."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 
(1991).

14Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
also 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." 

1547 U.S.C.  301.

16The field agents detected the signal from Silva's 
transmission over five miles from the location of his radio 
apparatus.  This would indicate that the radio transmitting 
device used by Silva is not compliant with Section 15.209(a) 
of the Rules.  47 C.F.R.  15.209(a).  Part 15 devices, 
which are non-licensed, low power devices, typically have a 
range of less than one mile.  

1712 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999); 47 C.F.R. 1.80.

1847 U.S.C.  503(b)(2)(D).

1947 U.S.C.  503(b)(2)(D); 47 C.F.R.  1.80(b)(4); see also 
Forfeiture Policy Statement, 12 FCC Rcd at 17100 - 01.



2047 U.S.C.  301, 503(b); 47 C.F.R.  0.111, 0.311, 1.80.

21See 47 C.F.R.  1.1914.