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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                               
                                                                      
                                      )                               
                                                                      
     In the Matter of                 )     File Number EB-07-SF-051  
                                                                      
     Martha S. and Miguel G. Campos   )   NAL/Acct. No. 200832980001  
                                                                      
     San Jose, California             )              FRN: 0017083221  
                                                                      
                                      )                               
                                                                      
                                      )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 31, 2007

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Martha S. and Miguel G. Campos, owners and operators of a
       Citizens Band ("CB") radio station in San Jose, California apparently
       willfully violated Section 301 of the Communications Act of 1934 as
       amended, by operating a modified CB radio station on a frequency not
       authorized for CB use. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that the Campos are
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND 

    2. On April 7, 2006, the Enforcement Bureau's San Francisco Office
       received a complaint alleging intentional interference to CB radio
       communications on 27.055 MHz. The complaints alleged that the source
       of the interference was located at the residence of CB radio
       operators, Martha and Miguel Campos, in San Jose, California.

    3. On August 24, 2006, after subsequent complaints, the San Francisco
       Field Office issued a Warning Letter to Miguel G. Campos ("August
       Warning Letter"). The Warning Letter informed Mr. Campos that,
       pursuant to Section 95.407 of the Rules (CB Rule 7), he must operate
       his CB station only on the 40 channels allocated to the CB service and
       he must not modify his CB radio to operate on any other frequency
       other than allocated to the service. The August Warning Letter also
       warned Mr. Campos that pursuant to Section 95.409 of the Rules (CB
       Rule 9), he must not make, or have made, any internal modification to
       a FCC certificated CB transmitter. Further, Mr. Campos was warned that
       if the transmissions continue, he would be investigated during ongoing
       FCC enforcement efforts and if such an investigation indicates that he
       had violated the Communications Act or any FCC Rules, he could be
       subject to severe penalties, including, but not limited to,
       substantial monetary forfeitures.

    4. On August 31, 2006, Mr. Campos replied to the letter acknowledging
       that he was a CB operator and detailing the CB equipment that he used.

    5. On September 29, 2006, in response to continued complaints, the San
       Francisco Office issued a Warning Letter to Martha S. Campos
       ("September Warning Letter"). The September Warning Letter informed
       Mrs. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7),
       she must operate her CB station only on the 40 channels allocated to
       the CB service and she must not modify her CB radio to operate on any
       other frequency other than allocated to the service. The September
       Warning Letter also warned Ms. Campos that pursuant to Section 95.409
       of the Rules (CB Rule 9),  she must not make, or have made, any
       internal modification to a FCC certificated CB transmitter. Further,
       Ms. Campos was warned that if the transmissions continue, she would be
       investigated during ongoing FCC enforcement efforts and if such an
       investigation indicates that he had violated the Communications Act or
       any FCC Rules, she could be subject to severe penalties, including,
       but not limited to, substantial monetary forfeitures.

    6. On October 27, 2006, Martha and Miguel Campos came to the San
       Francisco Office to discuss the warning letters they had received. A
       San Francisco agent clarified some of the CB Rules to them and again
       warned them about the consequences of not following the CB Rules.

    7. During the period of November 2, 2006, to February 2, 2007, the San
       Francisco Office continued to receive complaints alleging interference
       by the Campos.

    8. On March 16, 2007, San Francisco agents, using mobile direction
       finding techniques, located the source of the alleged interfering
       signal on 27.675 MHz to the Campos' residence in San Jose, California.
       The San Francisco agents monitored the transmission of one-way
       communications on 27.675 MHz. The agents also conducted an inspection
       of the Campos' CB station and found two CB transmitters that were set
       up and connected to outdoor antennas at Campos's residence. By
       conducting on/off tests, the agents confirmed that one of the
       transmitters had been modified to operate on frequency 27.675 MHz, a
       frequency that is not authorized for use by CB stations. The agents
       further determined that the transmitter set up in the Campos'
       residence was capable of operating in excess of the four-watt power
       limitations.

    9. From April 10, 2007, to September 10, 2007, the San Francisco Office
       continued to receive complaints alleging interference by the Campos.

   III. DISCUSSION

   10. 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.

   11. 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. Individual licenses are
       not required to operate CB radio stations. Section 95.404 of the Rules
       provides a blanket authorization to all CB users, provided that their
       stations are operated in accordance with the Rules.

   12. Section 95.425(c) of the Rules states that "you must not operate a CB
       transmitter which has been modified by anyone in any way, including
       modification to operate on unauthorized frequencies . . . ." Section
       95.409(b) of the Rules states that "[y]ou must not make, or have made,
       any internal modification to a certificated CB transmitter. . . . Any
       internal modification to a certificated CB transmitter cancels the
       certification, and use of such a transmitter voids your authority to
       operate the station."  Section 95.407(a) of the Rules limits CB
       operators to operation on 40 specific channels. Frequency 27.675 MHz
       is not listed among those channels. On August 24, 2006, September 29,
       2006, and October 10, 2006, the Campos' were warned by the San
       Francisco Office that subsequent violation of the Commission's Rules
       could result in monetary forfeitures. On March 16, 2007, an
       investigation by San Francisco agents revealed that the Campos had
       modified their CB transmitter to operate on 27.675 MHz, a frequency
       not authorized for CB use, and observed the Campos operating on 27.675
       MHz. We find that the Campos' operated their CB radio station in
       violation of the Rules, consequently, pursuant to Section 95.404 of
       the Rules, the Campos' were not authorized to operate under Section
       301 of the Act. Based on the evidence before us, we find that the
       Campos' willfully violated Section 301 of the Act.

   13. 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)(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
       the Campos' are apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   14. 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, Martha and Miguel Campos are
       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.

   15. 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, Martha S.and Miguel G.
       Campos SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   16. 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.

   17. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Francisco Office,
       5653 Stoneridge Drive, Suite 105, Pleasanton, CA, 94588-8543 and must
       include the NAL/Acct. No. referenced in the caption.

   18. 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.

   19. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   20. 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 Martha S. and Miguel G. Campos at
       their address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. Van Stavern

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   47 C.F.R. S: 95.407.

   47 C.F.R. S: 95.409.

   47 C.F.R. S: 95.407.

   47 C.F.R. S: 95.409.

   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 U.S.C. S: 301.

   47 C.F.R. S: 95.404.

   47 C.F.R. S: 95.425(c).

   47 C.F.R. S: 95.409(b).

   47 C.F.R. S: 95.407(a). The authorized frequencies for CB operation range
   from 26.965 MHz (CB Channel 1) to 27.405 MHz (CB Channel 40).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission