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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Raimundo P. Silva ) File Number EB-04-SF-150
Former Licensee of Amateur ) NAL/Acct. No. 200532960001
Station KD6SXG ) FRN 0009808163
Brentwood, California )
Adopted: July 25, 2005
Released: July 27, 2005
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of five hundred dollars ($500)
to Raimundo P. Silva (``Silva''), former licensee of Amateur
Station KD6SXG, for willful and repeated violations of Section
301 of the Communications Act of 1934, as amended ("Act").1 The
noted violations involve unauthorized operation by Silva on a
frequency reserved for federal government use only.
2. On April 12, 2004, the Commission's San Francisco
Field Office received a complaint that an authorized United
States government user was receiving harmful interference from an
unauthorized station that obstructed and interfered with
satellite communications. On April 19, 2004, San Francisco
Office field agents, using electronic direction finding
techniques, detected unauthorized civilian terrestrial
transmissions on the reserved federal government frequency. The
agents took bearings of the radio signal which indicated the
source of the signal to be a station in the vicinity of Silva's
residence in Brentwood, California. Between April and October,
2004, the San Francisco agents detected, traced and documented
numerous instances of both stationary and mobile unauthorized
radio operations by Silva.
3. According to Commission records, Silva was issued
a General Class, amateur radio operator license with call sign
KD6SXG, on February 23, 1993.2 The license was renewed on
October 31, 2003, and will expire on October 31, 2013. Pursuant
to Section 97.103(a) of the Rules, licensed amateur radio
operators are responsible for the proper operation of their
stations in accordance with the Commission's Rules.3 Licensed
amateur operators are authorized to operate on the frequencies
listed Section 97.301 of the Rules, as designated by their
operator class and license.4 In order to use designated
frequencies in the amateur bands, amateur operators must follow
the frequency sharing requirements in Section 97.301 of the Rules
and the United States Table of Frequency Allocations (``Table''),
found in Sections 2.105 and 2.1065 of the Rules.6 The Table
lists the use of the frequency band 267 - 322 MHz as Federal
Government only.7 A review of Commission records reveals no
record of a license for the use of any frequency within this band
issued to Silva.
4. On October 26, 2004, the San Francisco Office
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $20,000 to Silva.8 Also on October 26, 2004,
agents inspected Silva's radio equipment. Silva admitted
operating radio equipment in the frequency band reserved for
federal government use without a license, but asserted he was
unaware that his unauthorized radio transmissions interfered with
the federal government users' authorized operations. Silva
subsequently voluntarily relinquished all of his radio equipment
for both the mobile and fixed systems and surrendered his amateur
license. After receiving an extension of time, Silva filed a
response to the NAL on December 10, 2004 (``Response''). In his
Response, Silva does not contest the finding that he violated
Section 301 of the Act. Instead, he asks that the proposed
forfeiture be cancelled or reduced on the grounds that when
notified of the violation, Silva voluntarily relinquished his
operating equipment to the San Francisco agents and then
surrendered his amateur license to the Commission. He also
argues that he is unable to pay the proposed forfeiture and, to
support this claim, supplies three years of tax records.
5. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Act,9 Section
1.80 of the Rules,10 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) (``Forfeiture Policy
Statement''). In examining Silva'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.11
6. Section 301 of the Act requires that no person
shall use or operate any apparatus for the transmission of energy
or communications or signal by radio except under and in
accordance with this Act and with a license granted under the
provisions of this Act.12 Silva does not contest the instant
violation. Instead he asks that the proposed forfeiture amount
be reduced or cancelled because he voluntarily surrendered his
operating equipment and his amateur license to the Commission.
He also supplies three years of tax records to support his claim
that he is unable to pay the proposed forfeiture amount. Having
reviewed Silva's response along with the supporting financial
documentation we conclude, consistent with precedent, that a
reduction of the proposed forfeiture to $500 is appropriate.13
7. We have examined Silva's response to the NAL
pursuant to the statutory factors above, and in conjunction with
the Forfeiture Policy Statement. As a result of our review, we
conclude that Silva willfully and repeatedly violated Section 301
of the Act. Considering the entire record and the factors listed
above, we find that reduction of the proposed forfeiture is
warranted, given Silva's voluntary surrender of his operating
equipment and his amateur license, and his ability to pay.
Accordingly, the forfeiture amount is reduced from twenty
thousand dollars ($20,000) to five hundred dollars ($500).
IV. ORDERING CLAUSES
8. ACCORDINGLY, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as amended
(``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the
Commission's Rules, Raimundo P. Silva IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $500 for willfully and repeatedly
violating Section 301 of the Act.14
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.15 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. 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.
10. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by First Class Mail and Certified Mail Return
Receipt Requested to Raimundo P. Silva at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
147 U.S.C. § 301.
2In accordance with Part 97 of the Commission's Rules, operation
of an amateur station requires an amateur operator license grant
from the FCC. Before receiving a license grant, an applicant
must pass an examination which contains one telegraphy (Morse
code) element and three written elements which establish the
applicant's level of operational and technical ability in
performing properly the duties of an amateur service licensee.
The class for which each examinee is qualified is determined by
the degree of skill and knowledge in operating a station that the
examinee demonstrates at the examination. There are six classes
of amateur operator licenses. The higher the license class, the
more expertise the licensee must demonstrate and the greater the
frequency privileges the amateur operator is authorized. In
ascending order, the classes of amateur operator license grants
are: Novice, Technician, Technician Plus, General, Advanced and
Amateur Extra. See 1998 Biennial Regulatory Review - Amendment
of Part 97 of the Commission's Amateur Service Rules, 13 FCC Rcd
347 C.F.R. § 97.103(a).
447 C.F.R. § 97.301.
547 C.F.R. §§ 2.105, 2.106.
6See 47 C.F.R. § 97.303.
747 C.F.R. § 2.106.
8Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532960001 (Enf. Bur., Western Region, San Francisco Office,
released October 26, 2004).
947 U.S.C. § 503(b).
1047 C.F.R. § 1.80.
1147 U.S.C. § 503(b)(2)(D).
1247 U.S.C. § 301.
13See, e.g., Ronald E. Sauer, 19 FCC Rcd 14884 (EB 2004);
Kornwell Chan, 16 FCC Rcd 14893 (EB 2001).
1447 U.S.C. §§ 301, 503(b), 47 C.F.R. §§ 0.111, 0.311,
1547 U.S.C. § 504(a).
16See 47 C.F.R. § 1.1914.