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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Klaus D. Kramer                 )    File No. EB-01-DL-0345
                                )
Oklahoma City, OK              )     NAL/Acct. No.  200132500001
                                     

                        FORFEITURE ORDER 

Adopted:  November 8, 2001              Released:   November  13, 
2001

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture  in  the  amount  of  nine  thousand  five 
  hundred dollars  ($9,500) to Klaus  D. Kramer (``Mr.  Kramer'') 
  for  willful and  repeated violations  of  Section 301  of  the 
  Communications Act  of 1934,  as amended  (``the Act'').1   The 
  noted  violations involve  Mr. Kramer's  operation of  a  radio 
  station  on   Citizen's  Band   (``CB'')  frequencies   without 
  Commission authorization.

2.        On July 13, 2001, the Commission's Dallas, Texas  Field 
  Office  (``Dallas  Office'')   issued  a  Notice  of   Apparent 
  Liability  for  Forfeiture (``NAL'')  in  the  amount  of  nine 
  thousand five  hundred dollars ($9,500) to  Mr. Kramer for  the 
  noted violations.2  Mr. Kramer  filed a response to the NAL  on 
  August 14, 2001.

                           II.  BACKGROUND

3.        In February 2001, in  response to a  complaint of a  CB 
  radio station operating with excessive power in Oklahoma  City, 
  Oklahoma,  the Dallas  Office sent  agents to  investigate  and 
  locate the source of the transmissions using direction  finding 
  equipment.  In  the course of two  days, the agents observed  a 
  series  of transmissions  on  CB  channel 19,  and  traced  the 
  source of  one of the signals  to Mr. Kramer's residence.   The 
  agents traced  the source of  another one of  the signals to  a 
  multiple  story building.   The  source of  the  last  observed 
  signal  was  traced by  the  agents  to Mike's  Cycle  Shop,  a 
  business   owned  by   Mr.   Kramer.   The   agents   conducted 
  inspections at  the multiple  story building  and Mike's  Cycle 
  Shop.   The  inspections  revealed  that  Mr.  Kramer  violated 
  Section 301  of the  Act by operating  radio transmitters  from 
  both locations without  authorization.  Mr. Kramer admitted  to 
  making   the  transmissions   at  all   three  locations,   and 
  voluntarily relinquished the equipment from the multiple  story 
  building and  Mike's Cycle  Shop to  the investigating  agents.  
  On March  12, 2001,  the Dallas  Office issued  two Notices  of 
  Violation  to  Mr.  Kramer.  In  response  to  the  Notices  of 
  Violation,  Mr.   Kramer  acknowledged   the  violations,   and 
  indicated that he would discontinue operating the station.   In 
  March 1998  and October  1999, agents  monitored and  inspected 
  similar stations  operated by  Mr. Kramer.   On each  occasion, 
  Mr. Kramer voluntarily surrendered the equipment. 

4.        On  July  13,  2001,  the  Dallas  Office  issued   the 
  captioned NAL  to Mr. Kramer  for operating radio  transmitters 
  without  Commission  authorization  in  willful  and   repeated 
  violation of  Section 301  of the  Act.  In  his response,  Mr. 
  Kramer requests an explanation as to how the amount of the  NAL 
  was  determined, and  contends that  the forfeiture  amount  is 
  excessive.  Mr. Kramer states that he sent a letter  indicating 
  that  he   would  discontinue  operating   the  radio   station 
  equipment, and  has disposed  of his  equipment.  According  to 
  Mr. Kramer, the  proposed forfeiture amount is unfair in  light 
  of the other CB radio operators in the area.  

                           III.  DISCUSSION

5.        As the NAL states, the  forfeiture amount in this  case 
  was assessed  in accordance  with Section 503(b)  of the  Act,3 
  Section 1.80  of the Commission's  Rules (``the Rules''),4  and 
  The Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC  Rcd 
  303  (1999).   In  examining  Mr.  Kramer's  response,  Section 
  503(b)  of the  Act  requires  that the  Commission  take  into 
  account 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.5

6.        Mr. Kramer does not dispute the finding in the NAL that 
  he committed  the violation  that led to  the forfeiture.   The 
  base forfeiture amount  for each occurrence of unauthorized  or 
  unlicensed operation is $10,000.6

7.        We are not persuaded by Mr. Kramer's arguments that the 
  forfeiture amount is  excessive and unfair.  The Dallas  Office 
  has    received   complaints    regarding    his    operations.  
  Additionally, after  inspections of similar  operations by  Mr. 
  Kramer  on two  separate occasions  in March  1998 and  October 
  1999,  Mr.   Kramer  voluntarily   surrendered  the   offending 
  equipment  and  on  at  least  one  occasion  stated  that  the 
  violations   would   not   be   repeated.    Nonetheless,   our 
  investigation  revealed  that Mr.  Kramer  again  violated  our 
  rules in  February 2001.  Thus, imposition  of a forfeiture  in 
  at least the amount of $9,500 is warranted.7  



       

                        IV.  ORDERING CLAUSES

8.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4)  of 
  the  Rules,8  Klaus   D.  Kramer  IS  LIABLE  FOR  A   MONETARY 
  FORFEITURE in the amount of nine thousand five hundred  dollars 
  ($9,500) for  operating radio  transmitters without  Commission 
  authorization in willful and repeated violation of Section  301 
  of the Act.

9.        Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of the Act.9   Payment shall be made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission,  Forfeiture  Collection  Section,  Finance  Branch, 
  P.O.  Box 73482,  Chicago,  Illinois 60673-7482.   The  payment 
  should note the  NAL/Acct. No. referenced above.  Requests  for 
  full  payment under  an installment  plan  should be  sent  to: 
  Chief,  Revenue  and Receivables  Operations  Group,  445  12th 
  Street, S.W., Washington, D.C. 20554.10

10.       IT IS FURTHER ORDERED that, a copy of this Order  shall 
  be sent by  Certified Mail, Return Receipt Requested, to  Klaus 
  D. Kramer, 2212 SW 29th Street, Oklahoma City, Oklahoma  73119-
  2118.

      

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1    47 U.S.C.  301. 

  2    Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200132500001 (Enf. Bur., Dallas Office, released July 13, 2001).

  3  47 U.S.C.  503(b).

  4  47 C.F.R.  1.80.

  5  47 U.S.C.  503(b)(2)(D).

  6  See note to 47 C.F.R.  1.80(b)(4).

  7   Given   our  conclusion   that  a   $9,500  forfeiture   is 
appropriate we need  not address  the details of  why the  Dallas 
Office chose not  to propose the  full base amount  here for  Mr. 
Kramer's third round of violations.

  8    47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     9  47 U.S.C.  504(a).

     10  See 47 C.F.R.  1.1914.