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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File Number: EB-06-AT-057
Larry J. Duckworth NAL/Acct.No.: 200732480002
Cordele, Georgia FRN: 0015847296
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 15, 2006
By the District Director, Atlanta Field Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Larry J. Duckworth apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act') by
operating a radio transmitter without an authorization from the
Commission. We conclude, pursuant to Section 503(b) of the Act, that Mr.
Duckworth is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
2. In response to a complaint, on July 18, 2006, agents from the
Commission's Atlanta Office of the Enforcement Bureau ("Atlanta
Office") conducted an inspection of Mr. Duckworth's CB radio station
located inside his residence. The agents observed a coaxial cable
connecting a linear amplifier to his CB transmitter. The power of the
station as installed measured at 106 watts. Mr. Duckworth admitted to
the agents that he had been operating the station with the attached
linear amplifier. The agents informed him that he was in violation of
the Commission's Rules ("Rules") and that use of a linear amplifier
voided his authority to operate his station. Mr. Duckworth voluntarily
surrendered his linear amplifier.
3. In response to another complaint, on September 28, 2006, agents from
the Atlanta Office re-inspected the CB station in Mr. Duckworth's
residence. The agents observed a coaxial cable connecting two linear
amplifiers to his CB transmitter. The power of the station as
installed measured at 2500 watts. The CB transmitter at his station
was a non-certificated CB transmitter, Galaxy model DX99V. Mr.
Duckworth admitted he used his station as configured.
4. 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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 301 of the Act requires 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. Section 95.404 of the
Rules states that CB operators do not require an individual license to
operate a CB station because they are authorized by this rule to
operate in accordance with the rules in this subpart.
6. Section 95.409(a) of the Rules requires that CB operators use an FCC
certificated CB transmitter at their CB stations. Section 95.409 of
the Rules also states that use of a non-certificated transmitter voids
your authority to operate your station. On September 28, 2006, agents
from the Atlanta Office observed a non-certificated CB transmitter, a
Galaxy DX99V, installed at his Mr. Duckworth's CB station. Mr.
Duckworth admitted using a non-certificated CB transmitter.
7. Section 95.410(a) of the Rules states that CB station transmitter
output must not exceed 4 watts carrier power. Section 95.410(c) of the
Rules also states that use of a transmitter which has carrier power in
excess of that authorized voids your authority to operate the station.
On July 18, and September 28, 2006, Mr. Duckworth's station carrier
power was measured to be 106 watts and 2500 watts, respectively.
8. Section 95.411(a)(1) of the Rules prohibits attaching an external
radio frequency (RF) power amplifier, sometimes called a linear
amplifier, to a CB transmitter in any way. Section 95.411(b) of the
Rules states that there are no exceptions to this rule and use of a
power amplifier voids your authority to operate the station. On July
18 and September 28, 2006, agents observed linear amplifiers attached
to Mr. Duckworth's CB transmitter. On both dates, Mr. Duckworth
admitted using the linear amplifiers attached to his transmitter.
9. Because Mr. Duckworth violated the CB Rules by using a
non-certificated CB transmitter, attaching linear amplifiers to his CB
transmitter, and operating overpower, he voided his authority to
operate his CB station pursuant to Section 95.404 of the Rules. On
July 18, 2006, Mr. Duckworth was warned that such action voided his
authority to operate his CB Station. Based on the evidence before us,
we find that on July 18 and September 28, 2006, Mr. Duckworth
willfully and repeatedly violated Section 301 of the Act by operating
a radio transmitter, his CB station, without authorization from the
10. 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 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. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Mr.
Duckworth is apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, Larry J. Duckworth is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for violation of Section 301 of the
12. 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, Larry J. Duckworth SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.
13. 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 Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., Duluth, GA 30096 and must include the NAL/Acct. No.
referenced in the caption.
15. 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.
16. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Associate
Managing Director - Financial Operations, 445 12^th Street, S.W., Room
1A625, Washington, D.C. 20554.
17. IT IS FURTHER ORDERED that a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by Certified Mail Return Receipt Requested to Larry J.
Duckworth at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director, Atlanta Office
47 U.S.C. S 301.
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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).
Section 312(f)(2) of the Act, 47 U.S.C. S 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."
47 C.F.R. S 95.404.
47 C.F.R. S 95.409(a).
47 C.F.R. S 95.410(a).
47 C.F.R. S 95.410(c).
47 C.F.R. S 95.411(a)(1).
47 C.F.R. S 95.411(b).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.