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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No. EB-06-SE-388
Richard Mann d/b/a )
NAL/Acct. No. 200732100016
The Antique Radio Collector )
FRN # 0016215626
Toledo, OH )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: March 13, 2007 Released: March 15, 2007
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
Richard Mann d/b/a The Antique Radio Collector apparently liable for a
forfeiture in the amount of seven thousand dollars ($7,000) for
willful and repeated violation of Section 302(b) of the Communications
Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the
Commission's Rules ("Rules"). The noted apparent violations involve
marketing of uncertified AM radio transmitters.
2. On November 15, 2006, the Spectrum Enforcement Division of the
Enforcement Bureau issued a Letter of Inquiry ("LOI") to The Antique
Radio Collector in response to a complaint alleging that The Antique
Radio Collector was marketing in the United States fully-assembled AM
transmitters; specifically, the SSTRAN model AMT3000 AM transmitter.
In its LOI response dated November 25, 2006, The Antique Radio
Collector indicated that it was not aware of a certification
authorizing a fully assembled AMT3000 transmitter. The response
indicated that Mr. Mann purchased the transmitters in kit form from a
third party and assembled the transmitters in his residence. Mr. Mann
advertised the assembled transmitters for sale online at
www.oldtimeradio.com. Mr. Mann has sold a number of completed units
to end users since December 2003.
3. Section 302(b) of the Act provides that "[n]o person shall
manufacture, import, sell, offer for sale, or ship devices or home
electronic equipment and systems, or use devices, which fail to comply
with regulations promulgated pursuant to this section." Section
2.803(a)(1) of the Commission's implementing regulations provides in
pertinent part that:
Except as provided elsewhere in this section, no person shall sell or
lease, or offer for sale or lease (including advertising for sale or
lease), or import, ship, or distribute for the purpose of selling or
leasing or offering for sale or lease, any radiofrequency device unless
... [i]n the case of a device subject to certification, such device has
been authorized by the Commission in accordance with the rules in this
chapter and is properly identified and labeled as required by S 2.925 and
other relevant sections in this chapter.
4. Pursuant to Section 15.201(b) of the Rules, intentional radiators
operating under the provisions of Part 15 of the Rules must be
certificated by the Commission prior to marketing. We note that
"kits," as defined in Section 15.3(p) of the Rules, generally are not
subject to the equipment authorization requirements. By contrast,
fully assembled transmitters, such as the SSTRAN AMT3000 transmitters
marketed by The Antique Radio Collector, are intentional radiators
subject to the certification requirement. Mr. Mann concedes that he
assembled SSTRAN AMT3000 transmitters and advertised and sold the
devices. As the assembler of the device, Mr. Mann was responsible for
obtaining an equipment certification prior to marketing. Mr. Mann
admits, however, that there is no certification for these devices.
Therefore, we find that The Antique Radio Collector apparently
willfully and repeatedly violated Section 302(b) of the Act and
Section 2.803(a)(1) of the Rules by marketing an intentional radiator
prior to obtaining Commission equipment certification.
5. Section 503(b)(1) of the Act and Section 1.80(a)(1) of the Rules
authorize the Commission to assess a forfeiture for each willful or
repeated violation of the Act or of any rule, regulation, or order
issued by the Commission under the Act. In determining the appropriate
forfeiture amount, Section 503(b)(2)(E) of the Act directs us to
consider factors, such as "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
such other matters as justice may require."
6. Under Section 1.80 of the Rules, the Commission has established a base
forfeiture amount of $7,000 for the marketing of unauthorized
equipment. In this case, we note that The Antique Radio Collector
marketed one model of an unauthorized intentional radiator.
Accordingly, we find that The Antique Radio Collector is apparently
liable for a $7,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,
Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of
its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
thousand dollars ($7,000) for willfully and repeatedly violating
Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture, Richard Mann d/b/a The Antique Radio
Collector SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. 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/LB358340, 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.
10. The response, if any, must be mailed to the Office of the Secretary,
Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
and must include the NAL/Acct. No. referenced in the caption.
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices; or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
12. Requests for payment of the full amount of this NAL under an
installment plan should be sent to: Associate Managing
Director--Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by first class mail and certified mail
return receipt requested to Richard Mann d/b/a The Antique Radio
Collector, 4231 Willys Parkway, Toledo, OH 43612.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a)(1).
Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division,
Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15,
Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal
McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (November 25, 2006).
47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in
it its operation is capable of emitting radiofrequency energy by
radiation, conduction, or other means."
47 C.F.R. S 15.201(b).
The term "kit" is defined in Section 15.3(p) as "[a]ny number of
electronic parts, usually provided with a schematic diagram or printed
circuit board, which, when assembled in accordance with instructions,
results in a device subject to the regulations in this Part, even if
additional parts of any type are required to complete assembly." 47 C.F.R.
But see 47 C.F.R. S15.25 (specifying equipment authorization requirements
for TV interface devices marketed as kits).
The term "willful," as used in Section 503(b) of the Act, means the
conscious and deliberate commission or omission of such act, irrespective
of any intent to violate the Commission's Rules. 47 U.S.C. S 312(f)(1).
A violation is "repeated" within the meaning of Section 503(b) of the Act
if it occurs more than once or continues for more than one day. 47 U.S.C.
47 U.S.C. S 503(b)(1); 47 C.F.R. S 1.80(a)(1).
47 U.S.C. S 503(b)(2)(E).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311 and 1.80.
See 47 C.F.R. S 1.1914.
(Continued from previous page)
Federal Communications Commission DA 07-1271
Federal Communications Commission DA 07-1271