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

In the Matter of                )
                                )       
Jack Gerritsen                  )       File No. EB-03-LA-286
6217  Palm Avenue              )       NAL/Acct.             No. 
200432900004
Bell, California  90201         )       FRN 0005240072
                                )

                        FORFEITURE ORDER

Adopted:  October 1, 2004                    Released: October 5, 
2004         

By the Assistant Chief, Enforcement Bureau:


I.  INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
          monetary forfeiture in the amount of ten thousand 
          dollars ($10,000) to Jack Gerritsen (``Gerritsen'') for 
          willful and repeated violations of Section 301 of the 
          Communications Act of 1934, as amended (``Act'').1  The 
          noted violations involve Gerritsen operating a radio 
          station in the Amateur Radio Services without 
          authorization from the Federal Communications 
          Commission (``Commission'').
 
     2.   On June 15, 2004, the Commission's Los Angeles, 
          California Field Office (``Los Angeles Office'') issued 
          a Notice of Apparent Liability for Forfeiture ("NAL") 
          to Gerritsen in the amount of ten thousand dollars 
          ($10,000) for apparently willfully and repeatedly 
          violating Section 301 of the Act by operating a radio 
          station in the Amateur Radio Service without 
          authorization from the Commission.2  Gerritsen filed a 
          response to the NAL on July 13, 2004. 

II.  BACKGROUND

     3.   On December 28, 1999, Jack Gerritsen was arrested by 
          the California Highway Patrol and charged with 
          violating sections of the California Penal Code that 
          prohibit intercepting, obstructing and/or interfering 
          with police radio communications.3   Gerritsen was 
          convicted of interfering with police radio 
          communications on June 6, 2000.4  Gerritsen's 
          subsequent probation included that he not possess any 
          radio transmitting devices and not interfere with 
          police or FCC activity.5  On November 14, 2001, the 
          Commission's Wireless Telecommunications Bureau set 
          aside, on its own motion, amateur radio station license 
          KG6IRO, which was granted to Gerritsen on November 7, 
          2001.6   Gerritsen was notified that the action was 
          taken because of complaints about the operation of 
          Gerritsen's station and because of questions regarding 
          his qualification to be a licensee in light of his 1999 
          arrest and 2000 conviction for radio interference to 
          police communications.7 Gerritsen was warned that ``you 
          have no authority to operate radio transmitting 
          equipment, and such operation would be a violation of 
          Section 301 of the Communications Act of 1934, as 
          amended, 47 U.S.C. Section 301, subjecting you to 
          monetary penalties and imprisonment.''8 

     4.   On December 9, 2001, the Bell California Police 
          Department notified the Commission's Los Angeles Office 
          that they had received complaints against Gerritsen for 
          radio transmissions.  On December 28, 2001, the Acting 
          District Director of the Los Angeles Office issued a 
          warning letter to Gerritsen for unlicensed operation 
          and advised him to immediately discontinue operating 
          his unlicensed radio station.9  Gerritsen replied on 
          January 2, 2002, asserting that the Commission's set-
          aside of his amateur license was improper.10  On 
          January 29, 2002, Officers from the Bell Police 
          Department and the California Highway Patrol arrested 
          Gerritsen for violation of his probation.11  On May 7, 
          2002, Gerritsen was found to have violated his 
          probation and sentenced.12    

     5.   Soon after Gerritsen's release from prison on July 28, 
          2003, the Commission's Los Angeles Office began 
          receiving complaints of unauthorized and unlicensed 
          radio transmissions over local amateur, business and 
          public safety radio repeater systems.13  The complaints 
          alleged that the person making the transmissions 
          identified himself as ``KG6IRO.''14  Based upon these 
          complaints, an agent from the Los Angeles Office 
          conducted an investigation.  On November 6, 2003, using 
          mobile direction finding techniques, the agent 
          identified transmissions over radio frequencies 146.012 
          MHz, 146.325 MHz and 146.4868 MHz emanating from 6217  
          Palm Avenue, Bell, California, which was known to the 
          agent as Gerritsen's residence.  The agent observed 
          Gerritsen sitting in his driveway holding a small 
          portable radio transceiver. The agent positively 
          identified Gerritsen as the operator of the radio 
          transmitting on the frequencies 146.012 MHz, 146.325 
          MHz and 146.4868 MHz.

     6.   On November 7, 2003, agents from the Los Angeles 
          Office, using mobile radio direction finding 
          techniques, identified transmissions over radio 
          frequencies 146.012 MHz and 146.610 MHz emanating from 
          Gerritsen's residence.  Gerritsen was once again 
          positively identified and observed by the agents in his 
          driveway holding a small portable two-way radio.  
          Agents interviewed Gerritsen and he admitted to 
          transmitting on various Amateur radio frequencies as 
          well as various Business radio frequencies. Gerritsen 
          could not produce a valid station license for either 
          the Amateur radio service or any other radio service.  

     7.   On December 5, 2003, the District Director of the Los 
          Angeles Field Office issued a Notice of Unlicensed 
          Radio Operation (``Notice'') to Gerritsen.15  Gerritsen 
          responded to the Notice on December 9, 2003, stating 
          that the Los Angeles Office should ``cease and desist 
          in any more inforcement [sic] efforts until such time 
          as a hearing is held and a decision against me has been 
          determined and an additional 15 days after any such 
          adverse decision, as provided by F.C.C. rules and 
          regulations . . . .''16 

     8.   On February 9, 2004, acting on numerous additional 
          complaints filed with the Commission since the December 
          5, 2003 Notice, agents of the Los Angeles Office, using 
          mobile radio direction finding techniques, identified 
          transmissions over radio frequency 147.690 MHz 
          emanating from Gerritsen's residence.  The agents left 
          a message on Gerritsen's telephone answering machine.  
          In a subsequent telephone interview, the agents 
          requested an inspection of Gerritsen's radio equipment 
          located at his residence. Gerritsen refused the 
          inspection.  The Commission continues to receive 
          complaints of unauthorized operation by an operator 
          identifying as KG6IRO.

     9.   On June 15, 2004, the Los Angeles Office issued the NAL 
          to Gerritsen for violation of Section 301 of the Act.  
          On July 13, 2004, Gerritsen submitted a response to the 
          NAL.  In that response, Gerritsen argues that he has a 
          valid amateur license that permits him to operate on 
          all of the radio frequencies detailed in the NAL; that 
          the NAL does not show that his conviction for 
          intentional interference is under appeal; that the 
          ``set-aside'' of amateur license KG6IRO was unfounded; 
          that the ``set-aside'' does not prohibit him from 
          transmitting on the amateur radio bands given his valid 
          amateur license; and that any possible suspension of 
          his license is also pending a hearing before an 
          Administrative Law Judge, making the NAL moot until the 
          suspension occurs.

III.  DISCUSSION

     10.  The proposed forfeiture amount in this case was 
          assessed in accordance with Section 503(b) of the 
          Communications Act of 1934, as amended (``Act''),17 
          Section 1.80 of the Rules,18 and The Commission's 
          Forfeiture Policy Statement and Amendment of Section 
          1.80 of the Rules to Incorporate the Forfeiture 
          Guidelines (``Forfeiture Policy Statement'').19  In 
          examining Gerritsen'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.20

     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.  On November 6, 2003, November 
          7, 2003, and February 9, 2004, Gerritsen operated radio 
          transmitting equipment at 6217  Palm Avenue, Bell, 
          California, on the frequencies 146.012 MHz, 146.325 
          MHz, 146.4868 MHz, 146.610 MHz and 147.690 MHz without 
          the required Commission authorization.  Gerritsen does 
          not dispute that he engaged in transmissions using the 
          amateur frequencies.

     12.  Gerritsen argues that the ``alleged set-aside'' of his 
          amateur license, KG6IRO, is unfounded and is only a 
          claim made by Commission personnel.  Gerritsen contends 
          that any ``set-aside'' does not prohibit him from using 
          his amateur license to transmit on amateur bands.  This 
          is incorrect.  Commission records show that Gerritsen 
          was granted amateur radio station license KG6IRO on 
          November 7, 2001, and that the grant of the license was 
          set aside, pursuant to Section 1.113(a) of the 
          Commission's Rules21 on November 14, 2001.  Section 
          1.113(a) states that within 30 days of public notice of 
          any action taken pursuant to delegated authority, ``the 
          person, panel or board taking the action may modify or 
          set it aside on its own motion.''22  Gerritsen was 
          notified of this action by letter dated November 21, 
          2001 which also informed Gerritsen that ``[y]our 
          application reverts to a pending status.''23  As the 
          Commission has explained, it is able to ``set aside'' 
          an action within the meaning of Section 1.113 ``when it 
          deliberately changes course by vacating a decision that 
          it later determines to have been ill-advised.''24  As 
          Commission correspondence to Gerritsen shows, after his 
          amateur license was ``set aside,'' his application for 
          an amateur license returned to pending status.  
          Consequently, no license exists authorizing Gerritsen 
          to use the amateur frequencies he was found to be using 
          in the NAL.

     13.  Gerritsen argues that he has preserved his license by 
          filing a letter with the Commission, pursuant to 
          Section 1.85 of the Rules,25 and asking for a hearing 
          concerning his license.  Gerritsen further contends 
          that, in correspondence from the Commission, he has 
          been told that he will have a hearing in front of an 
          Administrative Law Judge.  We find that Gerritsen has 
          misinterpreted both Section 1.85 and the correspondence 
          he has received from the Commission.  Section 1.85 
          details when the Commission may suspend an operator 
          license.26  As Gerritsen has no license, only a pending 
          application, there is no license for the Commission to 
          suspend and Section 1.85 is inapplicable.27  The 
          correspondence Gerritsen received from the Bureau 
          informed Gerritsen that his amateur license had been 
          set aside and that his ``application will be designated 
          for a hearing before an Administrative Law Judge in 
          order to determine if [he is] qualified to obtain a 
          Commission license.''28  Neither Section 1.85 nor the 
          correspondence Gerritsen received from the Commission 
          granted him an amateur license or any authorization to 
          use the amateur frequencies.29 

     14.    We have examined Gerritsen's response to the NAL 
          pursuant to the statutory factors above, and in 
          conjunction with the Forfeiture Policy Statement as 
          well.  Based on the findings of the NAL and Gerritsen's 
          response, we find that Gerritsen's violation of Section 
          301 of the Act was willful 30 and repeated.31  
          Considering the entire record and the statutory factors 
          listed above, we find that neither cancellation nor 
          reduction of the proposed $10,000 forfeiture is 
          warranted.

IV.  ORDERING CLAUSES

     15.  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,32 Jack Gerritsen IS LIABLE FOR 
          A MONETARY FORFEITURE in the amount of ten thousand 
          dollars ($10,000) for willfully and repeatedly 
          violating Section 301 of the Act.

     16.  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.33  Payment of 
          the forfeiture must be made by check or similar 
          instrument, payable to the order of the Federal 
          Communications Commission. The payment should note 
          NAL/Acct. No. 200432900004 and FRN 0005240072.  Payment 
          by check or money order may be mailed to Forfeiture 
          Collection Section, Finance Branch, Federal 
          Communications Commission, P.O. Box 73482, Chicago, 
          Illinois 60673-7482.  Payment by overnight mail may be 
          sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
          Mailroom, Chicago, IL 60661.   Payment by wire transfer 
          may be made to ABA Number 071000013, receiving bank 
          Bank One, and account number 1165259.  Requests for 
          full payment under an installment plan should be sent 
          to: Chief, Revenue and Receivables Group, 445 12th 
          Street, S.W., Washington, D.C. 20554.34  

     17.  IT IS FURTHER ORDERED that, a copy of this Order shall 
          be sent by Certified Mail Return Receipt Requested and 
          by First Class Mail to Jack Gerritsen, 6217  Palm 
          Avenue, Bell, California, 90201.


                              FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                              George R. Dillon
                                                                 
Assistant Chief, Enforcement Bureau
           



_________________________

147 U.S.C.  301. 

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432900004 (Enf. Bur., Los Angeles Office, released June 15, 
2004).

3FCC Investigation Leads to Arrest of Suspect Interfering with 
Police Frequencies in the Los Angeles Area (2000 WL 6306 (F.C.C.) 
Released January 7, 2000) (``FCC Press Release'').  According to 
the FCC Press Release, ``[s]everal Los Angeles area police 
departments and other licensees had filed complaints with the 
Commission concerning what was described as intentional 
interference on their assigned frequencies. . . . In addition to 
the California Penal Code violations, the Commission's 
Enforcement Bureau has determined that the suspect's actions were 
also in violation of Section 301 of the Communications Act.''

4See Municipal Court of Long Beach Judicial District, County of 
Los Angeles, State of California, Case No. 0SE01792: People vs. 
Jack Gerritsen, June 6, 2000.  

5See Municipal Court of Long Beach Judicial District, County of 
Los Angeles, State of California, Case No. 0SE01792: People vs. 
Jack Gerritsen, June 6, 2001.  

6See November 21, 2001, letter from W. Riley Hollingsworth, 
Special Counsel, Enforcement Bureau, Federal Communications 
Commission, to Mr. Jack Gerritsen (``November 21, 2001 
Enforcement Bureau Letter'').  The action was taken pursuant to 
Section 1.113(a) of the Rules which states that ``within 30 days 
after public notice has been given of any action taken pursuant 
to delegated authority, the person, panel, or board taking the 
action may modify or set it aside on its own motion.''  47 C.F.R. 
 1.113(a).

7November 21, 2001, Enforcement Bureau Letter.

8November 21, 2001, Enforcement Bureau Letter.

9December 28, 2001, letter from Catherine Deaton, Acting District 
Director, Los Angeles Office, Enforcement Bureau, Federal 
Communications Commission.

10January 2, 2002, letter from Jack Gerritsen to Catherine 
Deaton, Acting District Directors, Enforcement Bureau, Federal 
Communications Commission.

11See Bell Police Department-Supplemental/Arrest Report 01-6723, 
dated January 29, 2002.

12See The Municipal Court of Long Beach Judicial District, County 
of Los Angeles, State of California, Case No. 0SE01792: People 
vs. Jack Gerritsen, May 7, 2002. 

13See e.g., September 19, 2003, Amateur Radio Relay League (ARRL) 
Complaint; November 6, 2003 Bell Gardens Police Department Sgt. 
Jerry Winfrey's complaint.

14At the time the NAL was issued, the KG6IRO Amateur Radio Call 
Sign was listed as ``terminated'' in the Commission's databases.

15December 5, 2003, Notice from Catherine Deaton, District 
Director, Los Angeles Office, Enforcement Bureau, Federal 
Communications Commission.  The Notice warned Gerritsen that 
operation of a radio transmitter in the Amateur Radio Service 
without a valid authorization violated 47 U.S.C  301 and 
outlined potential penalties for operating an unlicensed station 
in violation of 47 U.S.C.  301, including seizures of equipment, 
fines and imprisonment.  The Notice requested a reply within 
fifteen (15) days.

16December 7, 2003, letter from Jack Gerritsen to Catherine 
Deaton, District Director, Federal Communications Commission.

1747 U.S.C.  503(b).

18C.F.R.  1.80.

1912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 

2047 U.S.C.  503(b)(2)(D).

2147 C.F.R.  1.113(a). 

2247 C.F.R.  1.113(a).

23November 21, 2001, Enforcement Bureau Letter. 

24In the Matter of Stale or Moot Docketed Proceedings, 19 FCC Rcd 
2527, 2531 (2004). 

2547 C.F.R.  1.85. 

26See, e.g., In the Matter of Leslie D. Brewer, 16 FCC Rcd 5671 
(2001). 

27Gerritsen also argues that 1.80(c) requires that no penalty be 
imposed against him if the violation occurred more than one year 
prior to the date on which the appropriate notice is given.  
Gerritsen contends the actions that his June 6, 2000 conviction 
was based upon occurred in 1999, and that the ``set-aside'' of 
his amateur license occurred in 2001, more than one year after 
his ``alleged violation of law.''   Section 1.80(c) concerns 
forfeiture penalties, not actions taken under Section 1.113, and, 
therefore, is not applicable here.  

28August 14, 2003 Letter from W. Riley Hollingsworth, Special 
Counsel, Enforcement Bureau to Jack Gerritsen.  The letter also 
warned Gerritsen that his repeated attempts to contact the Office 
of Administrative Law Judges were in violation of the 
Commission's rules against Ex Parte Communications set forth in 
Sections 1.1200 - 1.1216 of the Commission's Rules, 47 C.F.R.  
1.1200 - 1.1216.   See also October 15, 2003 Letter from W. Riley 
Hollingsworth, Special Counsel, Enforcement Bureau to Jack 
Gerritsen (notifying Gerritsen that his GMRS License WPYR527 was 
set aside pursuant to Section 1.113, and that his application has 
reverted to a pending status and will be made part of a 
forthcoming hearing to determine if Gerritsen is qualified to 
hold a Commission license).

29Gerritsen also argues that his June 6, 2000 conviction of 
interfering with police radio communications is currently under 
appeal.  We note that, as of this date, we have received no 
information indicating that the conviction has been reversed.

30Section 312(f)(1) of the Act, 47 U.S.C.  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,' 
... 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).   

31As provided by 47 U.S.C.  312(f)(2), a continuous violation is 
``repeated'' if it continues for more than one day.   The 
Conference Report for Section 312(f)(2) indicates that Congress 
intended to apply this definition to Section 503 of the Act as 
well as Section 312.  See H.R. Rep. 97th Cong. 2d Sess. 51 
(1982).  See Southern California Broadcasting Company, 6 FCC Rcd 
4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 
10319 at fn. 56 (2003).

3247 C.F.R.  0.111, 0.311, 1.80(f)(4).

3347 U.S.C.  504(a).

34See 47 C.F.R.  1.1914.