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

In the Matter of                 )
                                 )
Jack Gerritsen                   )        File Number EB-03-LA-286
                                 )
6217  Palm Ave.                 )       NAL/Acct. No.200532900002
Bell, California 90201           )                  FRN 0005240072
                                 )


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  December 
                                                         02, 2004

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Jack Gerritsen ("Gerritsen") apparently 
 willfully and repeatedly violated Section 333 of the 
 Communications Act of 1934, as amended,  ("Act") ''''by 
 willfully and maliciously interfering with the radio 
 communications of authorized users in the Amateur Radio 
 Service. 1  We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended ("Act"),2 that Gerritsen 
 is apparently liable for forfeiture in the amount of twenty-one 
 thousand dollars ($21,000).

II.  BACKGROUND

      2.  On December 28, 1999, Jack Gerritsen was arrested by 
 the California Highway Patrol and charged with violating 
 sections of the California Penal Code that prohibit 
 intercepting, obstructing and/or interfering with police radio 
 communications.3   Gerritsen was convicted of interfering with 
 police radio communications on June 6, 2000.4  Gerritsen's 
 subsequent probation included that he not possess any radio 
 transmitting devices and not interfere with police or FCC 
 activity.5  On November 14, 2001, the Commission's Wireless 
 Telecommunications Bureau set aside, on its own motion, amateur 
 radio station license KG6IRO, which was granted to Gerritsen on 
 November 7, 2001.6   Gerritsen was notified that the action was 
 taken because of complaints about the operation of Gerritsen's 
 station and because of questions regarding his qualification to 
 be a licensee in light of his 1999 arrest and 2000 conviction 
 for radio interference to police communications.7 Gerritsen was 
 warned that ``you have no authority to operate radio 
 transmitting equipment, and such operation would be a violation 
 of Section 301 of the Communications Act of 1934, as amended, 
 47 U.S.C. Section 301, subjecting you to monetary penalties and 
 imprisonment.''8 

      3.  On December 9, 2001, the Bell California Police 
 Department notified the Commission's Los Angeles Office that 
 they had received complaints against Gerritsen for interference 
 to amateur communications.  On December 28, 2001, the Acting 
 District Director of the Los Angeles Office issued a warning 
 letter to Gerritsen for unlicensed operation and advised him to 
 immediately discontinue operating his unlicensed radio 
 station.9  Gerritsen replied on January 2, 2002, asserting that 
 the Commission's set-aside of his Amateur license was 
 improper.10  On January 29, 2002, Officers from the Bell Police 
 Department and the California Highway Patrol arrested Gerritsen 
 for violation of his probation.11  On May 7, 2002, Gerritsen 
 was found to have violated his probation and sentenced.12    

      4.  Soon after Gerritsen's release on July 28, 2003, the 
 Commission's Los Angeles Office began receiving complaints of 
 deliberate interference to radio communications over local 
 Amateur, Business and Public Safety radio repeater systems.13  
 The complaints alleged that the person making the transmissions 
 identified himself as ``KG6IRO.''  The Los Angeles Office 
 conducted an investigation which identified Gerritsen as the 
 source of the on-going unlicensed operation.  Based upon this 
 evidence, an Notice of Apparent Liability for $10,000 was 
 issued to Gerritsen on June 15, 2004, for willful and repeated 
 unlicensed operation of a radio station in the Amateur Radio 
 Service in violation of Section 301 of the Act (``Section 301 
 NAL''). 14   A Forfeiture Order concerning the same violation 
 was issued for $10,000 on October 5, 2004.15 

      5.    ``Good engineering and good amateur practice'' are 
 prerequisites to operation in the amateur bands.16  Amateur 
 radio operators engage in voluntary, noncommercial 
 communications with other amateur operators located in the 
 United States and in foreign countries.  All frequencies are 
 shared. No frequency is assigned for the exclusive use of any 
 amateur station. When normal communication systems have been 
 overloaded, damaged or disrupted because a disaster has 
 occurred, or is likely to occur, amateur operators repeatedly 
 have provided essential communications links and facilitated 
 relief actions on a purely voluntary basis.17  Amateur 
 operators in the Los Angeles area, however, continue to 
 complain that their efforts to use the amateur bands in a 
 cooperative and constructive manner are frequently disrupted by 
 Gerritsen's unlicensed operation and deliberate interference to 
 their communications.
 
      6.  On June 15, 2004, while on their way to serve a copy of 
 the Section 301 NAL on Gerritsen, agents from the Commission's 
 Los Angeles Office observed a signal on 146.405 MHz 
 monopolizing the authorized 147.435/146.405 MHz repeater.  
 Using mobile direction finding techniques, the agents located 
 the source of the signal to Gerritsen's residence at 6217  
 Palm Avenue in Bell, California.  For almost an hour, Gerritsen 
 maintained a steady transmission on the uplink frequency of 
 146.405 MHz which kept all other operators from using the 
 repeater.

      7.   On June 24, 2004, the Los Angeles Office received a 
 complaint from an amateur user which recounted a broadcast made 
 that day, on 147.435 MHz, by a man identifying himself as Jack 
 Gerritsen, announcing a ``hostile takeover'' of the frequency.  
 On July 16, 2004, the Los Angeles Office received a complaint 
 alleging that Gerritsen was interfering with fire watch 
 communications on the authorized 147.105/146.505 MHz repeater.  
 Los Angeles agents went to Gerritsen's residence and told him 
 about the complaint.  Gerritsen admitted operating on the 
 147.105/146.505 MHz repeater to the agents.  The agents warned 
 Gerritsen that he did not have authority to transmit on any 
 amateur band and told him to vacate all amateur frequencies.
 
      8.  On July 24, 2004, using mobile direction finding 
 techniques, an agent from the Los Angeles Office positively 
 identified radio transmissions emanating from Gerritsen's 
 residence at 6217  Palm Avenue, Bell, California, as the 
 source of radio signals being transmitted on the authorized 
 145.240/144.640 repeater.  These communications consisted of a 
 20 minute prerecorded message by Gerritsen threatening to 
 ``jam'' any operator that would ``jam'' him along with a 
 recording of the tone used by the phone company to indicate a 
 phone is off the hook.  Throughout the recording, Gerritsen 
 identified himself by the call sign ``KG6IRO.''  During 
 Gerritsen's transmissions, no other amateur operator was able 
 to use the 145.240/144.640 repeater.  On July 26, 2004, the Los 
 Angeles Office received a complaint from another amateur 
 operator stating that Gerritsen had played a recording for 48 
 minutes without interruption over the authorized ``Keller 
 Peak'' repeater on 146.985/146.385 MHz.

      9.  On September 13, 2004, the Los Angeles Office received 
 a complaint from an Amateur Relay Radio League (``ARRL'') 
 Official Observer, alleging that Gerritsen deliberately and 
 maliciously interfered with the Young Hams Net using the 
 authorized Catalina Island Amateur Repeater Association 
 (``CARA'') Repeater on 147.090/147.690 MHz on September 8, 
 2004.18  The complaint alleged that the prerecorded messages 
 transmitted by Gerritsen were so intense and vile they were 
 reported to have reduced one of the younger participants to 
 tears.

      10.      On September 15, 2004, using mobile direction 
 finding techniques, an agent from the Los Angeles Office 
 positively identified radio transmissions emanating from 
 Gerritsen's residence at 6217  Palm Avenue, Bell, California, 
 as the source of radio signals monopolizing the uplink 
 frequency of 147.690 MHz for the CARA Repeater on 
 147.090/147.690 MHz.  The agent heard Gerritsen transmit 
 prerecorded messages, and also sounds, static, and tones, as 
 the members of the Young Hams Net attempted to communicate.  
 During Gerritsen's transmissions, which lasted for almost ten 
 minutes, no other amateur operator was able to use the 
 repeater.  

III.      DISCUSSION

      11.                       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.  The term "willful" as used in Section 
 503(b) has been interpreted to mean simply that the acts or 
 omissions are committed knowingly.19  The term ``repeated'' 
 means the commission or omission of such act more than once or 
 for more than one day.20 

      12.    Section 333 of the Act states that no person shall 
 willfully or maliciously interfere with, or cause interference 
 to, any radio communications of any station licensed or 
 authorized by or under this Act or operated by the United 
 States Government. The legislative history for Section 333 
 identifies willful and malicious interference as ``intentional 
 jamming, deliberate transmission on top of the transmissions of 
 authorized users already using specific frequencies in order to 
 obstruct their communications, repeated interruptions, and the 
 use and transmission of whistles, tapes, records, or other 
 types of noisemaking devices to interfere with the 
 communications or radio signals of other stations.''21   
 Section 97.101(a) of the Commission's Rules (``Rules'') states 
 that ``each amateur station must be operated in accordance with 
 good engineering and good amateur practice.''22  Section 
 97.101(d) of the Rules states that ``[n]o amateur operator 
 shall willfully or maliciously interfere with or cause 
 interference to any radio communication or signal.''23  One 
 hallmark of willful and malicious interference in the amateur 
 radio service is the refusal by an operator to allow any other 
 operator to talk.24   This can occur when an operator increases 
 power so as to ``capture'' a repeater, to the exclusion of any 
 other operators.25  It can also occur when an operator 
 transmits on an amateur frequency slightly different than 
 another amateur frequency but at equal strength.  This results 
 in an audible tone, or whistle, with a frequency equal to the 
 difference in the frequencies of the two competing signals. 
 This tone is often referred to as ``heterodyne'' 
 interference.26

      13.    On June 15, 2004, Gerritsen operated radio 
 transmitting equipment at 6217  Palm Avenue, Bell, California, 
 monopolizing, for almost one hour, the 147.435/146.405 MHz 
 repeater.  On July 24, 2004, Gerritsen operated radio 
 transmitting equipment at 6217  Palm Avenue, Bell, California, 
 on the 145.240/144.640 repeater.  His communications consisted 
 of a 20 minute prerecorded message threatening to ``jam'' any 
 operator that would ``jam'' him.  Because Gerritsen effectively 
 captured the 145.240/144.640 repeater during that time, and 
 because of his intentional jamming, no authorized amateur 
 operator was able to use the repeater.  

      14.    On September 15, 2004, Gerritsen operated radio 
 transmitting equipment at 6217  Palm Avenue, Bell, California, 
 capturing the CARA Repeater and transmitting on top of the 
 Young Hams Net that was attempting to use the repeater at that 
 time.  In addition, Gerritsen apparently caused heterodyne 
 interference to occur, using the CARA repeater, and prohibited 
 any communications to occur on the repeater at that time.

      15.    Gerritsen currently holds no Commission license or 
 authorization to operate on any amateur frequency.  However, 
 Gerritsen continues to operate on amateur frequencies 
 threatening authorized users with intentional interference.  On 
 several occasions, he realized these threats and intentionally 
 jammed and transmitted on top of authorized users in the 
 amateur service.  Gerritsen's threats against other operators 
 and his abusive use of the amateur frequencies are the 
 antithesis of good amateur practice and engineering.  Gerritsen 
 announced to authorized amateur users that he intended to 
 interfere with their transmissions and then proceeded to cause 
 such interference.  Therefore, his violation is willful.  The 
 violation occurred on more than one day, therefore, it is 
 repeated.   Based on the evidence before us, we find that 
 Gerritsen willfully and repeatedly violated Section 333 of the 
 Act by willfully and maliciously interfering with the radio 
 communications of authorized users of the Amateur Radio 
 Service. 

      16.      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 causing interference to licensed stations is 
 $7,000.27  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.28  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 $7,000 is 
 warranted.29  Gerritsen's apparent willful, repeated, and 
 malicious interference with the radio communications of 
 licensed amateur stations is egregious.  According to the 
 evidence, Gerritsen knowingly operates, without a license, 
 radio transmission equipment while announcing his intentions to 
 interfere with licensed amateur operators.  He has willfully 
 and maliciously interfered with the transmissions of licensed 
 amateurs on a repeated basis, disregarding the Commission's 
 requirement that amateur stations be licensed and operated 
 according to good amateur practice.  Despite warnings and a 
 prior NAL and Forfeiture Order, Gerritsen's radio operations 
 have been ongoing for several months.  Considering the entire 
 record and applying the factors listed above, we conclude a 
 forfeiture in the amount of $21,000 is appropriate.
  
IV.  ORDERING CLAUSES

      17.      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, 
 Jack Gerritsen is hereby NOTIFIED of this APPARENT LIABILITY 
 FOR A FORFEITURE in the amount of twenty-one thousand dollars 
 ($21,000) for violations of Section 333 of the Act.30

      18.      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, Jack Gerritsen SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      19.      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.

      20.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles Office, 18000 Studebaker Rd, Suite 660, Cerritos, 
 CA, 90703 and must include the NAL/Acct. No. referenced in the 
 caption.  

      21.      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.  

      22.      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. 20554.318

      23.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Jack 
 Gerritsen, 6217  Palm Avenue, Bell, CA, 90201.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Catherine Deaton
                              District Director 
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau



_________________________

147 U.S.C.  333.
247 U.S.C.  503(b).  
3FCC Investigation Leads to Arrest of Suspect Interfering with 
Police Frequencies in the Los Angeles Area (2000 WL 6306 (F.C.C.) 
Released January 7, 2000) (``FCC Press Release'').  According to 
the FCC Press Release, ``[s]everal Los Angeles area police 
departments and other licensees had filed complaints with the 
Commission concerning what was described as intentional 
interference on their assigned frequencies. . . . In addition to 
the California Penal Code violations, the Commission's 
Enforcement Bureau has determined that the suspect's actions were 
also in violation of Section 301 of the Communications Act.''
4See Municipal Court of Long Beach Judicial District, County of 
Los Angeles, State of California, Case No. 0SE01792: People vs. 
Jack Gerritsen, June 6, 2000.  
5See Municipal Court of Long Beach Judicial District, County of 
Los Angeles, State of California, Case No. 0SE01792: People vs. 
Jack Gerritsen, June 6, 2001.  
6See November 21, 2001, letter from W. Riley Hollingsworth, 
Special Counsel, Enforcement Bureau, Federal Communications 
Commission, to Mr. Jack Gerritsen (``Enforcement Bureau 
Letter'').  The action was taken pursuant to Section 1.113(a) of 
the Rules which states that ``within 30 days after public notice 
has been given of any action taken pursuant to delegated 
authority, the person, panel, or board taking the action may 
modify or set it aside on its own motion.''  47 C.F.R.  
1.113(a).
7Enforcement Bureau Letter.
8See 47 C.F.R.  1.1914.
9December 28, 2001, letter from Catherine Deaton, Acting District 
Director, Los Angeles Office, Enforcement Bureau, Federal 
Communications Commission.
10January 2,  2002,  letter  from  Jack  Gerritsen  to  Catherine 
Deaton, Acting  District  Director, Enforcement  Bureau,  Federal 
Communications Commission.
11See Bell Police Department-Supplemental/Arrest Report 01-6723, 
dated January 29, 2002.
12See The Municipal Court of Long Beach Judicial District, County 
of Los Angeles, State of California, Case No. 0SE01792: People 
vs. Jack Gerritsen, May 7, 2002. 
13See e.g., September 19, 2003, Amateur Radio Relay League (ARRL) 
Complaint; November 6, 2003 Bell Gardens Police Department Sgt. 
Jerry Winfrey's complaint.
1447 U.S.C.  301. 
15Jack Gerritsen, ___ FCC Rcd  ___ (2004), (DA 04-3183,  released 
October 5, 2004). 
1647 C.F.R. 97.101(a). 
171998 Biennial Regulatory Review - Amendment of Part 97 of the 
Commission's Amateur Service Rules, 13 FCC Rcd 15798,  7 (1998). 
See also 47 C.F.R. 97.101(b). 
18The Young Hams Net is directed by a 15 year old high school 
student and comprised of young people between the ages of seven 
and twenty. 
19Section 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).
20Section 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.'' 
21H.R. Rep. No. 101-316, at 13 (1989). 
2247 C.F.R.  97.101(a). 
2347 C.F.R.  97.101(d).  
24U.S. v. Richard, (1998 WL 830654 (E.D. La.)).  See also John B. 
Genovese, 10 FCC Rcd 7594 (CIB 1995).  
25The ``capture effect" occurs when the repeater, or any FM 
receiver, responds to only the strongest signal received on a 
frequency and rejects any weaker competing signals.  See 
Unlicensed Operation in the TV Broadcast Bands, 19 FCC Rcd 10018, 
10036 (2004).
269 kHz Channel Spacing for AM Broadcasting, 88 FCC 2d 290,  69, 
(1981). 
2712 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
2847 U.S.C.  503(b)(2)(D).
2947 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.
3047 U.S.C.  333, 503(b), 47 C.F.R.  0.111, 0.311, 1.80.
31See 47 C.F.R.  1.1914.  
8See 47 C.F.R.  1.1914.