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

In the Matter of                )       File No. EB-01-SJ-094
                                )
Javier Rodriguez.               )       NAL/Acct.             No. 

200232680002
                               )        
Boqueron, Puerto Rico           )       FRN 0006-0437-80
                                   

                        FORFEITURE ORDER 

Adopted:  March 26, 2002                Released:  March 28, 2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary forfeiture in  the amount of one thousand ($1,000)  to 
  Javier Rodriguez  (``Rodriguez''), Boqueron,  Puerto Rico,  for 
  willful violation of  Section 301 of the Communications Act  of 
  1934,  as amended  (``Act''),1   The  noted violation  involves 
  Rodriguez's  unauthorized  operation   of  a  CB  radio  on   a 
  frequency  for which  a license  or authorization  is  required 
  before  operation.

2.        On November 7, 2001, the Commission's San Juan,  Puerto 
  Rico,  Resident Agent  Office (``San  Juan Office'')  issued  a 
  Notice  of  Apparent  Liability  for  Forfeiture  (``NAL'')  to 
  Rodriguez  for a  forfeiture  in  the amount  of  ten  thousand 
  dollars ($10,000).2  Rodriguez filed a response3 to the NAL  on 
  December 3, 2001.

                         II.  BACKGROUND

3.        On  April  20,  1999,  during  an  investigation  of  a 
  complaint about  interference to home electronic  entertainment 
  equipment,  agents from  the San  Juan Office,  using a  mobile 
  direction  finding  vehicle, observed  radio  transmissions  on 
  26.715 MHz and determined the origin of those signals to be  an 
  antenna located  in the  backyard of a  residence belonging  to 
  Mr. Javier  Rodriguez  (located at Carr  307, Km 6.5  Interior, 
  Boqueron,  Puerto Rico).   After  locating the  source  of  the 
  transmissions,  the  agents  inspected  the  station  at   that 
  address and observed that a modified CB radio (a Cobra 148  GTL 
  transceiver) was installed at the station and was connected  to 
  a radio frequency power amplifier.  During the inspection,  the 
  agents  determined  that Rodriguez  was  the  operator  of  the 
  station on 26.715 MHz.   The frequency 26.715 MHz is in a  band 
  allocated exclusively for use by the United States  Government.   
  That frequency is  not authorized for operation by CB  stations 
  and Rodriguez had no  authorization to operate on it.4  One  of 
  the investigating agents  verbally warned Rodriguez during  the 
  inspection  that   unauthorized  operation  is  prohibited   by 
  Section 301 of the Act.

4.        On October 24, 2001, during an investigation of another 
  complaint about  interference to home electronic  entertainment 
  equipment,  agents from  the San  Juan Office,  using a  mobile 
  direction  finding  vehicle, observed  radio  transmissions  on 
  26.705 MHz and determined the origin of those signals to  again 
  be an antenna located in the backyard of Rodriguez's  residence 
  at Carr  307, Km  6.5 Interior, Boqueron,  Puerto Rico.   After 
  locating the source of the transmissions, the agents  inspected 
  the  station located  at that  residence  and observed  that  a 
  modified CB radio  (a Cobra 148 GTL transceiver) was  installed 
  at the station.   During the inspection, the agents  determined 
  that Rodriguez was the  operator of the station on 26.705  MHz.   
  The frequency  26.705 MHz  is in a  band allocated  exclusively 
  for use  by the United States  Government.   That frequency  is 
  not authorized for  operation by CB stations and Rodriguez  had 
  no authorization to operate on it.

5.        On November 7, 2001, the  San Juan Office issued a  NAL 
  to  Rodriguez in  the  amount  of $10,000  for  the  unlicensed 
  operation observed  on October  24, 2001.  In  his December  3, 
  2001,  response  to  the  NAL,  Rodriguez  argues  that  he  is 
  financially  unable  to   pay  the  proposed  forfeiture.    As 
  support, Rodriguez encloses copies of his Government of  Puerto 
  Rico income tax returns  for 1998, 1999 and 2000 and  documents 
  indicating that he  is unemployed.  Rodriguez also argues  that 
  his violations  are mitigated  by his remedial  action and  his 
  status as a first offender.

                      III.      DISCUSSION

6.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b) of the   Act,5 Section 1.80  of 
  the  Commission's  Rules  (``Rules''),6  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)  (``Policy 
  Statement'').   Section 503(b)  of the  Act requires  that,  in 
  examining  Rodriguez's  response,  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.7

7.        Section  301  of  the  Act  prohibits  radio  operation 
  ``except  under and  in accordance  with this  Act and  with  a 
  license in  that behalf  granted under the  provisions of  this 
  Act.''

8.        Rodriguez does not deny  the violations alleged in  the 
  NAL.  In  view of the facts set  forth above, we conclude  that 
  Rodriguez  operated  without authorization  on  26.705  MHZ  on 
  October 24,  2001, in willful violation  of Section 301 of  the 
  Act.

9.        Rodriguez's violation  on  October 24,  2001,  occurred 
  despite  a verbal  warning from  the Commission  following  his 
  previous  unlicensed operation  on April  20, 1999.   Rodriguez 
  is, therefore, not  a ``first offender,''  and is not  entitled 
  to a  reduction on  that basis.   Furthermore, remedial  action 
  subsequent to  notification of a violation  will not nullify  a 
  forfeiture penalty.8 

10.       On  the  basis  of   the  documentation  furnished   by 
  Rodriguez,  we find  that  a  reduction of  the  forfeiture  to 
  $1,000 is appropriate.

11.       We have  examined Rodriguez's  response to  the NAL  in 
  light  of the  above statutory  factors  and  the  factors  set 
  forth in  the Policy  Statement.  Taking all  of these  factors 
  into account, we conclude that the proper forfeiture amount  is 
  $1,000.

                      IV.  ORDERING CLAUSES

12.       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,9  Javier   Rodriguez  IS  LIABLE  FOR  A   MONETARY 
  FORFEITURE in  the amount  of $1,000 for  willful violation  of 
  the provisions of Sections 301 of the Act.

13.       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.10  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, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment should  note the  NAL/Acct. No.  200232680002, and  the 
  FRN  No. 0006-0437-80.   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. 20554.11

14.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent  by Certified Mail Return  Receipt Requested to  Javier 
  Rodriguez, P.O. Box 661, Boqueron, Puerto Rico 00622.

                         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. 
200232680002 (Enf. Bur.,  San Juan Office,  released November  7, 
2001).    

  3 Although Rodriguez  characterized his response as a  Petition 
for Reconsideration  of the  NAL filed  pursuant to  47 C.F.R.   
1.106, we will treat Rodriguez's filing as a response to the  NAL 
per 47 C.F.R.  1.80(f)(3).

  4  CB  operation  is permitted  only  on  40  channels  located 
between 26.965 and 27.405 MHz.  See 47 C.F.R.  95.407.

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

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8 See KGVH, Inc., 42 FCC 2d 258, 259 (1973).

  9 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  10 47 U.S.C.  504(a).

  11 See 47 C.F.R.  1.1914.