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    )     File Number: EB-05-HU-045  
                                                          
     Marcus A. Roberts   )   NAL/Acct. No.: 200732540001  
                                                          
     Houston, Texas      )               FRN: 0004307195  
                                                          
                         )                                
                                                          
                         )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: January 3, 2007

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Marcus A. Roberts apparently willfully violated Section 301 of
       the Communications Act of 1934, as amended ("Act"), by operating an
       unlicensed radio transmitter. We conclude, pursuant to Section 503(b)
       of the Act, that Mr. Roberts is apparently liable for a forfeiture in
       the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. In response to a complaint of interference to household electronic
       equipment, on April 28, 2006, the Commission's Houston Office of the
       Enforcement Bureau ("Houston Office") issued Mr. Roberts a warning
       letter advising him that operation of Citizens Band ("CB") radio
       equipment with greater power than authorized in the Commission's Rules
       ("Rules") voids the authority to operate the station and is therefore
       considered unlicensed operation. The letter further advised that
       unlicensed operation is a violation of Section 301 of the Act, and
       could subject the operator to penalties including monetary fines.

    3. On September 28, 2006, in response to another complaint of
       interference, agents from the Houston Office inspected the CB station
       located at Mr. Roberts' residence. During testing of Mr. Roberts'
       equipment, the agents determined that his CB station was producing the
       maximum power authorized in the Rules for CB radio stations. The
       agents verbally warned Mr. Roberts that any operation of his CB radio
       station with more power than observed during this inspection would be
       a violation of the Rules. The agents then inspected a CB radio station
       installed in Mr. Roberts' vehicle. The CB radio station in the vehicle
       included a CB transmitter and two linear amplifiers. The linear
       amplifiers observed had the capability to boost the power of the
       station to several hundred times the authorized power level. Mr.
       Roberts admitted to operating the amplifiers and exceeding the
       authorized power limit; but claimed that he only used this equipment
       outside the neighborhood. The agents again verbally warned Mr. Roberts
       that the use of linear amplifiers or any device that creates a power
       greater than the authorized limit is strictly prohibited by the Rules
       and voids the authority to operate the CB station.

    4. On November 8, 2006, an agent with the Houston Office located the
       source of a strong signal on a CB radio channel using direction
       finding methods to Mr. Roberts' residence. The agent recognized the
       voice of the transmissions to be that of Mr. Roberts. The complainant
       contacted the agent by telephone to report that Mr. Roberts'
       transmissions were currently causing interference to her home
       electronic entertainment equipment. Mr. Roberts' voice was
       simultaneously observed on the vehicle receiver and on the telephone
       while talking with the complainant. The agent measured the signal
       strength of the radio transmissions from Mr. Roberts' radio station
       with a spectrum analyzer. Agents from the Houston Office then
       conducted an inspection of Mr. Roberts' CB station. Mr. Roberts
       admitted he had been operating the radio station prior to the start of
       this inspection. A wattmeter determined the power of Mr. Roberts'
       transmitter during the inspection to be four watts, the maximum
       authorized under the Rules. The complainant was contacted and was not
       receiving any interference from Mr. Roberts' transmitter while the
       agents tested the equipment. Without adjusting the output power of the
       transmitter, the agents conducted a second signal strength
       measurement, and this second measurement showed a reduction in power
       from the first measurement by a factor of 10. When asked about the
       obvious change in power levels, Mr. Roberts offered no explanation.

   III. DISCUSSION

    5. 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.

    6. 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. 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
       November 8, 2006, agents from the Houston Office determined that Mr.
       Roberts operated his CB station with power greater than 4 watts
       carrier power. On April 28 and September 28, 2006, Mr. Roberts was
       warned that operation of his CB station in excess of 4 watts output
       power violated the Rules and voided his authority to operate his CB
       station. Because Mr. Roberts violated the CB Rules by operating
       overpower, he voided his authority to operate his CB station pursuant
       to Section 95.404 of the Rules. Based on the evidence before us, we
       find that on November 8, 2006, Mr. Roberts willfully violated Section
       301 of the Act by operating a radio transmitter, his CB station,
       without authorization from the Commission.

    7. 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 operating 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 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. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Mr.
       Roberts is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

    8. 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, Marcus A. Roberts 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
       Act.

    9. 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, Marcus A. Roberts SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Houston Office,
       9597Jones Road, #362, Houston, Texas, 77065  and must include the
       NAL/Acct. No. referenced in the caption.

   12. 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.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.^8

   14. 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 Marcus A. Roberts at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central Region

   Enforcement Bureau

   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).

   47 C.F.R. S 95.404.

   47 C.F.R. S 95.410(a).

   47 C.F.R. S 95.410(c).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   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, 0.314, 1.80.

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission