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   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )   File Number: EB-06-BS-158   
                                                        
     Eliandro B.Ramos   )   NAL/Acct. No. 200732260002  
                                                        
     Danbury, CT        )   FRN 0016388233              
                                                        
                        )                               
                                                        
                        )                               



                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: April 26, 2007

   By the District Director, Boston Office, Northeast Region, Enforcement
   Bureau:

   I.  INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Eliandro B. Ramos ("Ramos") apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       ("Act"), by operating on the frequency of 296.550 MHz without
       Commission authorization. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended, that Ramos is apparently
       liable for a forfeiture in the amount of ten thousand dollars
       ($10,000).

   II. BACKGROUND

    2. On November 29, 2006, the Commission received a complaint that an
       authorized United States government user was receiving harmful
       interference from an unauthorized station operating on 296.550 MHz in
       the Danbury, Connecticut area. The harmful interference was
       obstructing and interfering with a government communications system.

    3. On December 29, 2006, an agent from the FCC's Boston Field Office
       monitored transmissions on the frequency 296.550 MHz and, using mobile
       direction-finding techniques, determined that the source of the
       transmissions was a residential house at 10 Hobson Street in Danbury,
       CT. The transmissions were detected by the agent from more than four
       miles from the residence. The agent also observed a horizontally
       polarized antenna mounted on the roof. The agent further determined
       that a vehicle parked at the Hobson Street residence was registered
       with the Connecticut Department of Motor Vehicles to Ramos.

    4. On April 5, 2007, a field agent again detected transmissions on
       296.550 MHz and determined the source of the transmission as the
       Hobson Street residence. The agent observed a horizontally polarized
       antenna mounted on the roof of the residence and a satellite dish
       mounted on the side of the residence at ground level. The agent also
       observed at the Hobson Street residence the vehicle registered to
       Ramos that was observed on December 29, 2006.

    5. On April 19, 2007, agents conducted an inspection at the Hobson Street
       residence. During the inspection, agents positively identified Ramos
       from his driver's license. Ramos admitted to operating the station and
       the transmitting equipment observed during the inspection. The
       transmitter  was measured at an output power of 7 watts and found to
       be capable of transmitting on the frequency 296.550 MHz.  The agents
       also found transmission equipment in Ramos's vehicle, which had a
       measured output power of 22 watts.

    6. Based on the agents' experience with horizontally polarized antennas
       and the distance over which the signals were heard, the agents
       determined that the signals broadcast on December 29, 2006 and April
       5, 2007, exceeded the limits for operation under Part 15 of the
       Commission's Rules ("Rules") and therefore required a license.
       Pursuant to the Table of Allocations, the 267-322 MHz Band is
       allocated solely for Federal Government use. In the band 255 - 328.6
       MHz, the fixed and mobile services are limited to the military
       services. The use of the band 235 - 322 MHz is allocated on a primary
       basis to the mobile-satellite service, limited to military operations.
       As a non-governmental entity, Ramos is not eligible to receive a
       license to operate in the 267-322 MHz Band.

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully fails
       to comply substantially with the terms and conditions of any license,
       or willfully 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.

    8. 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. In particular, Section 301
       states that "[n]o person shall use or operate any apparatus for the
       transmission of energy or communications or signals by radio (a) from
       one place in any State, Territory, or possession of the United States
       or in the District of Columbia to another place in the same State,
       Territory, possession, or District; . . . except under and in
       accordance with this chapter and with a license in that behalf granted
       under the provisions of this chapter."  FCC agents determined that, on
       December 29, 2006, and April 5, 2007, an unlicensed radio station
       operated on 296.550 MHz from Ramos's residence in Danbury, CT. During
       an inspection on April 19, 2007, Ramos admitted to operating radio
       transmitting equipment on 296.550 MHz from his residence. Based on the
       evidence before us, we find that Ramos apparently willfully and
       repeatedly violated Section 301 of the Act by operating radio
       transmission apparatus without a license.

    9. 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 for the service 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)(E) 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 Ramos
       is apparently liable for a $10,000 forfeiture

   IV. ORDERING CLAUSES

   10. 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, Eliandro B. Ramos is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
       thousand dollars ($10,000) for violations of Section 301 of the Act.

   11. 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, Eliandro B. Ramos shall
       pay the full amount of the proposed forfeiture or shall file a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. 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.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Boston Office, 1
       Batterymarch Park, Quincy, MA, 02169 and must include the NAL/Acct.
       No. referenced in the caption.

   14. 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.

   15. 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.

   16. 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 Eliandro B. Ramos at 10 Hobson Street,
       Danbury, CT, 06810.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis Loria

   District Director

   Boston Office

   Northeast 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
   between 216-960 MHz band is permitted only if the field strength of the
   transmission does not exceed 200 mV/m at three meters. 47 C.F.R. S 15.209.
   Devices compliant with Part 15 typically have a range of less than one
   mile.

   See 47 C.F.R. S 2.106.

   47 C.F.R. S 2.106, Federal Government Footnote G27.

   47 C.F.R. S 2.106, Federal Government Footnote G100.

   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 U.S.C. S 301.

   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)(E).

   47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.

   See 47 C.F.R. S 1.1914.

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