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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                                
                                                                  
                                 )                                
                                                                  
     In the Matter of            )     File Number: EB-06-TP-212  
                                                                  
     Parker Construction, Inc.   )   NAL/Acct. No.: 200732700008  
                                                                  
     Panama City, FL             )              FRN:  0015414048  
                                                                  
                                 )                                
                                                                  
                                 )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: January 24, 2007

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Parker Construction, Inc., ("Parker"), apparently willfully and
       repeatedly violated Section 301 of the Communications Act of 1934, as
       amended ("Act"), by operating radio transmitting equipment on 145.020
       MHz without a license. We conclude, pursuant to Section 503(b) of the
       Act that Parker is apparently liable for a forfeiture in the amount of
       ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On August 10, 2006, in response to a complaint of unlicensed radio
       activity in Panama City, Florida, agents from the Commission's Tampa
       Office of the Enforcement Bureau ("Tampa Office") investigated the
       area and monitored several individuals discussing business activities
       on frequency 145.020 MHz. The agents used a mobile direction finding
       vehicle to locate the source of the radio transmissions to the
       Smurfit-Stone Mill in Panama City, Florida. The agents interviewed the
       owner and supervisor of construction for Parker, a subcontractor
       working at the Mill. They both admitted that they had been using the
       radio equipment to talk with their crew at the Mill and that they had
       been doing so for approximately three years. The agents inspected
       Parker's radio transmitters and observed that they were Icom IC-V8
       handheld radios set to channel 145.02. The power output was measured
       at 3.5 watts. These radios are designed to operate only on Amateur
       Radio Service ("ARS") frequencies for amateur radio licensee use.
       Based on the agents' experience with this type of equipment, the agent
       concluded that the signals being broadcast exceeded the limits for
       operation under Part 15 of the Commission's Rules ("Rules"),  and,
       therefore, required a license. The owner/supervisor for Parker
       admitted that Parker did not have a license from the Commission to
       operate the radio transmitters.

   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. The term "repeated" means the  commission or omission of
       such act more than once or for more than one day.

    4. 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. The Table of Frequency
       Allocations incorporated in Section 2.106 of the Rules states that
       144-146 MHz is allocated to the Amateur Band and is governed by Part
       97 of the Rules. ARS station apparatus must be under the physical
       control of a person named on an amateur radio license grant "before
       the station may transmit on any amateur service frequency ..." On
       August 10, 2006, Parker admitted that it had been operating amateur
       radio transmitters on frequency 145.020 MHz without an Amateur license
       that day and for approximately the past three years. Based on the
       evidence before us, we find that Parker  apparently willfully and
       repeatedly violated Section  301 of the Act by operating radio
       transmitting equipment on 145.020 MHz without a Commission
       authorization.

    5. 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 unlicensed radio operation 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 Parker  is apparently liable for a  $10,000
       forfeiture.

   IV. ORDERING CLAUSES

    6. 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, Parker Construction, Inc. 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.

    7. 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, Parker Construction, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

    8. 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\001358340,\001Pittsburgh, PA
       15251-8340.\001 Payment by overnight mail may be sent to\001Mellon
       Bank\001/LB\001358340,\001500 Ross Street, Room 1540670, Pittsburgh,
       PA 15251.\001\001 Payment by wire transfer may be made to ABA
       Number\001043000261, receiving bank\001Mellon Bank, and account
       number\001911-6106.

    9. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Field
       Office, 2203, N. Lois Ave., Suite 1215, Tampa, FL 33607 and must
       include the NAL/Acct. No. referenced in the caption.

   10. 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.

   11. 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.

   12. 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 Parker Construction, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S 301.

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

   Section 15.209 of the Rules provides that non-licensed broadcasting in the
   88-216 MHz band is permitted only if the field strength of the
   transmission does not exceed 150 mV/m at three meters. 47 C.F.R. S 15.209.

   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 2.106.

   47 C.F.R. S 97.5(a).

   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.

   See 47 C.F.R. S 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission