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


In the Matter of                   )      File Number EB-04-TP-560
                                                             )
Jeremy R. Riels                    )     NAL/Acct. No.200532700008
Cross City, Florida                )
                                  )                FRN 0013442918
                                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  May 9, 2005

By  the  District  Director,  Tampa  Office,  South  Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Jeremy R. Riels, apparently 
liable 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 (``Act'').1  
Specifically, we find Mr. Riels apparently liable for 
operating a transmitter on 156.875 MHz (VHF marine channel 
77) without a license. 

II.  BACKGROUND

     2.   In response to a complaint filed by the United 
States Coast Guard (``USCG''), the Tampa Office of the 
Enforcement Bureau (``Tampa Office'') initiated an 
investigation into the unauthorized use of marine VHF 
frequencies in and around the USCG receive site in Dixie 
County, Florida.  On December 8, 2004, agents from the Tampa 
Office monitored a signal on 156.875 MHz (VHF marine channel 
77) and heard a conversation between hunters about the 
location of their hunting dogs in the forest.  The agents 
used radio direction finding techniques to determine that 
the source of the signal on 156.875 MHz was coming from a 
1997 brown Silverado Chevrolet pickup truck in Dixie County, 
Florida.  The agents observed a radio transmitter installed 
in the vehicle.  Mr. Riels, the driver and only occupant of 
the vehicle, was questioned and admitted to operation of the 
radio transceiver installed in his vehicle.  He stated that 
he used this radio, as opposed to a CB radio, which could be 
used legally, because the CB band had too much interference.  
A search of Commission records provided no authorization for 
Mr. Riels to operate on this frequency.

III.  DISCUSSION

     3.   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.2 

     4.   Section 301 of the Act states that no person shall 
use or operate any apparatus for the transmission of energy 
or communications or signals by radio within the United 
States except under and in accordance with the Act and with 
a license issued by the Commission.3  The frequency 156.875 
MHz has been assigned to VHF Marine Channel 77 for maritime 
services.4  Section 80.373(f) of the Rules specifies that 
VHF Marine Channel 77 may only be used for ship to ship 
communications.5  Section 80.13 of the Rules states that 
stations in the maritime service must be licensed either 
individually or by fleet.6  Ship stations may also be 
licensed by rule under certain circumstances without an 
individual license.7  However, ship stations are defined as 
those radio stations located on vessels not permanently 
moored.8  On December 8, 2004, agents from the Tampa Office 
determined that Mr. Riels operated a radio transmitter on a 
VHF marine channel from a land-based vehicle.  Mr. Riels 
admitted to operating the radio transmitter.  The 
Commission's records showed that Mr. Riels did not have a 
license to operate this station and does not qualify to be 
licensed by rule.  

     5.   Based on the evidence before us, we find that, on 
December 8, 2004, Mr. Riels willfully violated Section 301 
of the Act by operating an unlicensed radio transmitter on 
156.875 MHz.

     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules (``Rules''),9 the base forfeiture amount for operation 
without an instrument of authorization is $10,000.  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 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.10  Considering the entire 
record and applying the factors listed above, this case 
warrants a $10,000 forfeiture.

IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,11 and Sections 0.111, 0.311 and 
1.80 of the Rules,12 Jeremy R. Riels is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
ten thousand dollars ($10,000) for willful violation of 
Section 301 of the Act by operating an unlicensed 
transmitter on 156.875 MHz.

     8.   IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Jeremy R. Riels 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 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 
bycheck or money order may be mailed to Federal 
Communications Commission, P.O. Box358340,Pittsburgh, PA 
15251-8340. Payment by overnight mail may be sent toMellon 
Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251. Payment by wire transfer may be made to ABA 
Number043000261, receiving bankMellon Bank, and account 
number911-6106.  Requests for payment of the full amount of 
this NAL under an installment plan should be sent to: Chief, 
Revenue and Receivable Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.13

     10.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, Tampa Office, Suite 1215, 2204 N. Lois Avenue, 
Tampa, Florida 33607, within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 
above.  

     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 
submitted.  

     12.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Jeremy R. Riels at his address of 
record. 

                              FEDERAL         COMMUNICATIONS 
COMMISSION




                              Ralph M. Barlow
                              District Director
                              Tampa Office
                              South Central Region
                              Enforcement Bureau
_________________________

147 U.S.C.  301

2Section 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).

347 U.S.C.  301. 

4See 47 C.F.R.  80.373(f).

5Id.

647 C.F.R.  80.13.

747 C.F.R.  80.13(c).

8See 47 C.F.R.  80.5, 80.13.

947 C.F.R.  1.80(b)(4).

1047 U.S.C.  503(b)(2)(D).

1147 U.S.C.  503(b).

1247 C.F.R.  0.111, 0.311, 1.80.

13See 47 C.F.R.  1.1914.