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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
                                )       NAL/Acct.             No. 
200432900004
                                )       FRN 0005240072
                                )


                  MEMORANDUM OPINION AND ORDER

   Adopted:   March 2, 2005             Released:   March 4, 2005

By the Chief, Enforcement Bureau:

     1.     In this Memorandum Opinion and Order, issued pursuant 
to Section 405 of the Communications Act of 1934, as amended 
(``Act''),1 and Section 1.106 of the Commission's rules,2 we deny 
a Petition for Reconsideration (``Petition'') filed on November 
2, 2004, by Jack Gerritsen (``Gerritsen'')3 of a Forfeiture 
Order4 imposing a Ten Thousand Dollar ($10,000) monetary 
forfeiture penalty against him for willful and repeated 
violations of  Section 301 of the Communications Act of 1934, as 
amended (``Act'').5  Specifically, in the Forfeiture Order, we 
found that Gerritsen operated a radio station in the Amateur 
Radio Services without authorization from the Federal 
Communications Commission (``Commission'').  
            
     2.       Reconsideration is appropriate only where the 
petitioner either demonstrates a material error or omission in 
the underlying order or raises additional facts not known or not 
existing until after the petitioner's last opportunity to present 
such matters.6  A petition for reconsideration that reiterates 
arguments that were previously considered and rejected will be 
denied.7  Gerritsen raises one argument that has been thoroughly 
considered and rejected, and thus does not support 
reconsideration of our Forfeiture Order.8   

     3.        Gerritsen also raises new arguments that we have 
not previously addressed.  Gerritsen argues that the Forfeiture 
Order illustrates the fact that ``Federal Authorities [are] 
attempting to deprive me of the most fundamental human right in 
the First Amend. [sic] to the U.S. Constitution, the right to 
communicate by way of the spoken word over radio, criticism of 
the President and his obscene war.'' Additionally, Gerritsen 
states that the Commission must ``rely upon written rules that do 
not allow authorities to use subjective discretion in the denial 
or granting of any required license to speak, or enforcement of 
any such denial.''  It is well established that the right to free 
speech does not include the right to use radio facilities without 
a license and that the licensing system established by Congress 
in the Act was a proper exercise of its power over commerce.9   
Consequently, we find these arguments to be without merit. 

     4.       Gerritsen also objects to the Forfeiture Order 
arguing it afforded him none of the ``requirements of due process 
of law.''  The Forfeiture Order and the Notice of Apparent 
Liability which preceded it were issued pursuant to the procedure 
set forth in Section 503(b) of the Act.10  Sections 503 and 504 
of the Act provide safeguards which satisfy Due Process 
requirements.11  Consequently, we find that Gerritsen's right to 
procedural due process was not abridged.  

     5.       Gerritsen's new arguments do not demonstrate that 
the Forfeiture Order contains material errors or omissions, and 
we have already considered and rejected his other argument.  
Therefore, we deny Gerritsen's Petition. 

     6.  Despite repeated warnings that he holds no valid 
Commission authorization,12 investigations by field agents in the 
Bureau's Western Region reveal that Gerritsen persists in his 
unauthorized operations in the Amateur service.  Because of 
Gerritsen's ongoing illegal activity, we direct the Western 
Region to continue to coordinate with the United States Attorney 
for the Central District of California in pursuing possible 
additional sanctions against Gerritsen.13


                         ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
405 of the Communications Act of 1934, as amended, and Section 
1.106 of the Commission's rules, Jack Gerritsen's Petition for 
Reconsideration, filed November 2, 2004, IS HEREBY DENIED.  
    
     8.          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 Memorandum Opinion and 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.14  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 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.

     9.       IT IS FURTHER ORDERED THAT a copy of this 
Memorandum Opinion and 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
                    

     
                              David H. Solomon
                              Chief, Enforcement Bureau

 
   
_________________________

147 U.S.C.  405.

247 C.F.R.  1.106.  

3Gerritsen's filing is not captioned as a petition for 
reconsideration and is in letter form.  However, we are treating 
it as a petition for reconsideration of the Forfeiture Order 
pursuant to 47 U.S.C.  405 and 47 C.F.R.  1.106. 

4Jack Gerritsen, 19 FCC Rcd 19520 (2004) (``Forfeiture Order''). 

547 U.S.C.  301. 

6See 47 C.F.R.  1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257, 
 2 (EB 2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd 
sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 
1965), cert. denied, 383 U.S. 967 (1966).   

7EZ Sacramento, Inc., 15 FCC Rcd at 18257,  2.  

8Specifically, Gerritsen argues that his amateur license, call 
sign KG6IRO, has not been set aside.    

9National Broadcasting Company v. U.S., 319 U.S. 190, 227 (1943).  

10Section 503(b)(4) provides:

Except as  provided  in  paragraph (3)  of  this  subsection,  no 
forfeiture penalty shall be imposed under this subsection against 
any person unless and until--

  (A) the Commission issues a notice of apparent liability, in 
  writing, with respect to such person;
  (B) such notice has been received by such person, or until the 
  Commission has sent such notice to the last known address of 
  such person, by registered or certified mail; and
  (C) such person is granted an opportunity to show, in writing, 
  within such reasonable period of time as the Commission 
  prescribes by rule or regulation, why no such forfeiture 
  penalty should be imposed.

Such a notice shall (i) identify each specific provision, term, 
and condition of any Act, rule, regulation, order, treaty, 
convention, or other agreement, license, permit, certificate, 
instrument, or authorization which such person apparently 
violated or with which such person apparently failed to comply; 
(ii) set forth the nature of the act or omission charged against 
such person and the facts upon which such charge is based; and 
(iii) state the date on which such conduct occurred. Any 
forfeiture penalty determined under this paragraph shall be 
recoverable pursuant to section 504(a) of this title.

47 U.S.C.  503(b)(4).

11Leonard D. Martin, 15 FCC Rcd 22004 (2000).

12Forfeiture Order, 19 FCC Rcd at 19521.

  

13See, e.g., 47 U.S.C.  401(a), 501. 

1447 U.S.C.  504(a).