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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                                
                                                                
                               )                                
                                                                
     In the Matter of          )     File Number: EB-06-HU-052  
                                                                
     Michael Thomas McCollum   )   NAL/Acct. No.: 200732540004  
                                                                
     Houston, Texas            )               FRN: 0016421752  
                                                                
                               )                                
                                                                
                               )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 23, 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 Michael Thomas McCollum, apparently willfully and repeatedly
       violated Section 301  of the Communications Act of 1934, as amended
       ("Act") by operating radio transmission apparatus without a license.
       We conclude, pursuant to Section 503(b) of the Act that Mr. McCollum
       is apparently liable for a forfeiture in the amount of ten  thousand
       dollars ($10,000).

   II. BACKGROUND

    2. On December 13, 2006, in response to a complaint of unauthorized
       operation on police frequencies, an agent from the Commission's
       Houston Office of the Enforcement Bureau ("Houston Office") observed
       superfluous comments unrelated to police business on the frequency
       465.150 MHz, a frequency assigned to the City of Houston Police
       Department. These radio signals were heard by a police radio receiver
       at a distance of more than six miles. The agent, using radio direction
       finding methods, determined that the source of the signal on 465.150
       MHz was originating from a vehicle driven and solely occupied by Mr.
       McCollum.

    3. On February 12, 2007, an agent from the Houston Office again observed
       superfluous comments unrelated to police business on the frequency
       465.150 MHz. These radio signals were heard by a police radio receiver
       at a distance of more than six miles. The agent, using radio direction
       finding methods, determined that the source of the signal on 465.150
       MHz was originating from a vehicle driven and solely occupied by Mr.
       McCollum. An officer of the Houston Police Department stopped the
       vehicle occupied by Mr. McCollum, and a search of the vehicle found an
       ICOM handheld radio programmed to transmit signals on the frequency
       465.150 MHz. The ICOM radio was manufactured with two power settings,
       5 watts and 0.5 watts and was not certified for use as a Part 15
       device.

    4. Based on the agents' experience with this type of radio transmitting
       equipment and the distance over which the signals were heard, the
       agents determined that the signals transmitted on December 13, 2006,
       and February 12, 2007 exceeded the limits for operation under Part 15
       of the Commission's Rules ("Rules") and therefore require a license.
       The frequency 465.150 is allocated to the Public Safety Radio Pool,
       and only territories, possessions, states, counties, towns, or other
       governmental agencies are eligible to hold authorizations in the
       Public Safety Pool. As a non-governmental entity, Mr. McCollum is not
       eligible to receive a license to operate on a frequency in the Public
       Safety Pool. A search of the Commission's records confirmed that Mr.
       McCollum did not have a license to operate radio transmitting
       apparatus on the frequency 465.150 MHz.

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

    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. 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." On December 13, 2006, and
       February 12, 2007, agents from the Houston Office determined that Mr.
       McCollum operated a radio transmitter on the frequency 465.150 MHz
       from a vehicle, driven and solely occupied by him, without an
       authorization from the Commission.

    7. Based on the evidence before us, we find that Mr. McCollum  apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission apparatus without authorization from the
       Commission.

    8. 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
       authority 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 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 of the Rules,
       and the statutory factors to the instant case, we conclude that Mr.
       McCollum is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

    9. 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, Michael Thomas McCollum 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.

   10. 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, Michael Thomas McCollum
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. 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.

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

   13. 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.

   14. 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

   15. 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 Michael Thomas McCollum  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).

   At either power setting, use of the ICOM radio as manufactured, would
   exceed Part 15 limits. Moreover, the ICOM radio did not bear a label that
   it complies with Part 15 of the Commission's Rules. See 47 C.F.R. S 15.19.

   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 uV/m at three meters. 47 C.F.R. 15.209.
   Devices compliant with Part 15 typically have a range of less than one
   mile.

   See 47 C.F.R. S 90.20(c)(3).

   See 47 C.F.R. S 90.20(a).

   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, 0.314, 1.80.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission