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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-08-PO-037
Jeremy William Barber ) NAL/Acct. No.: 200832920001
Aloha, Oregon ) FRN: 0017513151
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 28, 2008
By the Resident Agent, Portland Resident Agent Office, Western Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Jeremy William Barber ("Barber"), owner and operator of a
Citizens Band ("CB") radio station in Aloha, Oregon, apparently
willfully violated Section 303(n) of the Communications Act of 1934,
as amended, (the Act) and Section 95.426(a) of the Commission's Rules
(CB Rule 26) by failing to permit inspection of the CB radio station.
We conclude, pursuant to Section 503(b) of the Communications Act of
1934, as amended ("Act"), that Jeremy William Barber is apparently
liable for a forfeiture in the amount of seven thousand dollars
2. On Saturday, February 16, 2008, in response to complaints regarding
recurring radio frequency interference on Saturday evenings from the
Washington County Sheriff's Office and various residents, an agent
from the Enforcement Bureau's Portland Resident Agent Office monitored
radio transmissions on frequency 27.205 MHz in Aloha, Oregon. At
approximately 8:00 p.m., using radio direction finding techniques, the
agent located the source of the signal to a CB radio station located
at Barber's residence in Aloha, Oregon.
3. On Saturday, February 23, 2008, at approximately 8:00 p.m., the
Portland agent again monitored frequency 27.205 MHz. Using radio
direction finding techniques, the agent located the source of the
signal to a CB radio station operating from Barber's residence in
Aloha, Oregon. At approximately 8:45 p.m., the agent, along with
deputies of the Washington County Sherriff's Office, approached
Barber's residence, identified himself as an agent of the FCC and
presented his official badge and credentials. In response to a request
by the Portland agent, the individual identified himself as Jeremy
Barber. The Portland agent then asked Barber if he was operating the
CB station. Barber stated that he was the owner and operator of the CB
station. The agent advised Barber about the radio frequency
interference complaints and requested to inspect his CB station to
determine the cause of the interference. Barber denied the request
from the Portland agent. The Portland agent then read Section
95.426(a) (CB Rule 26), which requires CB operators to make their
stations available to authorized FCC representatives for inspection,
to Barber and made a second request to inspect the CB station to
resolve the interference. Barber denied the second request and stated
that the FCC must get a search warrant to inspect his CB station. The
agent advised Barber to take extra precautions to avoid the radio
interference and issued an oral warning to Barber. The Portland agent
also offered to provide a copy of CB Rule 26 to Barber but Barber
refused to accept a copy of the rule. The Portland agent then left the
premises, along with the Washington County deputies. At approximately
9:30 p.m., the agent monitored frequency 27. 205 MHz and noted that
the signal went off the air.
4. On February 25, 2008, the Portland agent received another complaint
stating that Barber had resumed operation at approximately 11:00 p.m.,
on February 23, 2008, after the Portland agent had left the area.
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 303(n) of the Act states that the Commission has the
"authority to inspect all radio stations associated with stations
required to be licensed by ant Act, or which the Commission by rule
has authorized to operate without a license under Section 307(e)(1)."
Section 307(e)(1) expressly includes "the citizen band radio service."
Additionally, Section 95.426(a) of the Rules (CB Rule 26) states "[i]f
an authorized FCC representative requests to inspect your CB station,
you must make your CB station and records available for inspection."
The Commission has no requirement that an agent obtain a warrant prior
to conducting such an inspection.
7. On February 16, 2008, and February 23, 2008, a Portland agent located
the source of signals on 27.205 MHz to Barber's residence in Aloha,
Oregon. On February 23, 2008, in an effort to determine the cause of
the alleged interference, and to resolve it, the Portland agent twice
requested to inspect Barber's CB radio station. Barber denied both
requests, despite the fact that prior to the second request, the
Portland Agent read and explained Section 95.426(a) of the Rules (CB
Rule 26) to Barber. Based on the evidence before us, we find that
Jeremy William Barber apparently willfully violated Section 303(n) of
the Act and Section 95.426(a) of the Rules by failing to permit
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 failing to permit inspection is $7,000. 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, and the statutory factors to the instant
case, we conclude that Jeremy William Barber is apparently liable for
a $7,000 forfeiture.
9. We warn Barber that operation of his CB station with more power than
authorized (AM (A3) - 4 watts (carrier power) SSB - 12 watts (peak
envelope power)) is a violation of Section 95.410 of the Rules (CB
Rule 10). Use of a transmitter which has carrier or peak envelope
power in excess of that authorized will void Barber's authority to
operate the station. It can also result in additional sanctions and
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,
0.314 and 1.80 of the Commission's Rules, Jeremy William Barber is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of seven thousand dollars ($7,000) for violations of Section
303(n) of the Act and Section 95.426(a) of the Rules.
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, Jeremy William Barber
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
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/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under
an installment plan should be sent to: Chief Financial Officer --
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
questions regarding payment procedures.
13. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Portland Resident
Agent Office, P.O. Box 61469, Vancouver, Washington 98666-1469 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. 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 Jeremy William Barber.
FEDERAL COMMUNICATIONS COMMISSION
Portland Resident Agent Office
47 U.S.C. S: 303(n).
47 C.F.R. S: 95.426(a).
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).
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: 307(e)(1).
47 C.F.R. S: 95.426(a).
See Norfolk Southern Railway Company, 11 FCC Rcd 519 (CIB 1996) (The right
to inspect a station is one of the cornerstones of the FCC's ability to
ensure compliance with the Communications Act and the FCC regulations).
See also, Randall R. Gaines, 72 FCC 2d 871, P:13 (Rev. Board 1979).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 C.F.R. S: 95.410(a).
47 C.F.R. S: 95.410(c).
47 U.S.C. S:S: 503(b), 303(n) , 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission