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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-06-TP-212
Parker Construction, Inc. ) NAL/Acct. No.: 200732700008
Panama City, FL ) FRN: 0015414048
Adopted: March 29, 2007 Released: April 2, 2007
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of ten thousand dollars ($10,000) to Parker Construction,
Inc. ("Parker"), for willful and repeated violation of Section 301 of
the Communications Act of 1934, as amended ("Act"). The noted
violation involves Parker's operation of radio transmitting equipment
without a license.
2. On August 10, 2006, in response to a complaint of unlicensed radio
activity in Panama City, Florida, agents from the Commission's Tampa
Office of the Enforcement Bureau ("Tampa Office") investigated the
area and monitored several individuals discussing business activities
on frequency 145.020 MHz. The agents used a mobile direction finding
vehicle to locate the source of the radio transmissions to the
Smurfit-Stone Mill in Panama City, Florida. The agents interviewed the
owner and supervisor of construction for Parker, a subcontractor
working at the Mill. They both admitted that they had been using the
radio equipment to talk with their crew at the Mill and that they had
been doing so for approximately three years. The agents inspected
Parker's radio transmitters and observed that they were Icom IC-V8
handheld radios set to channel 145.02. The power output was measured
at 3.5 watts. These radios are designed to operate only on Amateur
Radio Service ("ARS") frequencies for amateur radio licensee use.
Based on the agents' testing and experience with this type of
equipment, the agent concluded that the signals being broadcast
exceeded the limits for operation under Part 15 of the Commission's
Rules ("Rules"), and, therefore, required a license. The
owner/supervisor for Parker admitted that Parker did not have a
license from the Commission to operate the radio transmitters.
3. On January 24, 2007, the Tampa Office issued a Notice of Apparent
Liability for Forfeiture to Parker in the amount of ten thousand
dollars ($10,000) for the apparent willful and repeated violation of
Section 301 of the Act. Parker submitted a response to the NAL
requesting a reduction or cancellation of the proposed forfeiture.
4. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Communications Act of 1934, as amended,
Section 1.80 of the Rules, 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
Parker'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.
5. 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. The Table of Frequency
Allocations incorporated in Section 2.106 of the Rules states that
144-146 MHz is allocated to the Amateur Band and is governed by Part
97 of the Rules. ARS station apparatus must be under the physical
control of a person named on an amateur radio license grant "before
the station may transmit on any amateur service frequency ..." On
August 10, 2006, Parker admitted that it had been operating amateur
radio transmitters on frequency 145.020 MHz without an Amateur license
that day and for approximately the past three years. Based on the
evidence before us, we find that Parker willfully and repeatedly
violated Section 301 of the Act by operating radio transmitting
equipment on 145.020 MHz without a Commission authorization.
6. In its response to the NAL, Parker requests a reduction, because it
didn't know that its ARS radios required a license and that it ceased
using them immediately after the inspection. Parker states that it
obtained a license in the Industrial/Business Pool service and
purchased new radios on August 16, 2006. However, corrective action
taken to come into compliance with the Rules after an inspection is
expected, and does not nullify or mitigate any prior forfeitures or
violations. Moreover, Parker need not have intended to violate the
Rules for its violation to be willful.
7. We have examined Parker'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 Parker
willfully and repeatedly violated Section 301 of the Act and that no
reduction of the proposed $10,000 forfeiture is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, Parker Construction, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
($10,000) for violation of Section 301 of the Act.
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. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission.\001 The payment must include the NAL/Acct.
No. and FRN No. referenced above.\001 Payment by\001check or money
order may be mailed to Federal Communications Commission, P.O.
Box\001358340,\001Pittsburgh, PA 15251-8340.\001 Payment by overnight
mail may be sent to\001Mellon Bank\001/LB\001358340,\001500 Ross
Street, Room 1540670, Pittsburgh, PA 15251.\001\001 Payment by wire
transfer may be made to ABA Number\001043000261, receiving
bank\001Mellon Bank, and account number\001911-6106. Requests for full
payment under an installment plan should be sent to: Associate
Managing Director, Financial Operations, 445 12th Street, S.W., Room
1A625, Washington, D.C. 20554.
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to Parker
Construction, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 U.S.C. S 301.
Section 15.209 of the Rules provides that non-licensed broadcasting in the
88-216 MHz band is permitted only if the field strength of the
transmission does not exceed 150 mV/m at three meters. 47 C.F.R. S 15.209.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732700008
(Enf. Bur., Tampa Office, January 24, 2007) ("NAL").
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. S 2.106.
47 C.F.R. S 97.5(a).
Section 312(f)(1) of the Act, 47 U.S.C. S 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).
The term "repeated," when used with reference to the commission or
omission of any act, "means the commission or omission of such act more
than once or, if such commission or omission is continuous, for more than
one day." 47 U.S.C. S 312(f)(2).
Parker also states that it spoke to Commission staff after it applied for
its license, explained the situation, and thought that no further action
against it was forthcoming. As part of the license application process,
Commission staff contacted Parker and inquired into its past practices.
Commission staff, at that time, however, made no assurances or statements
regarding any enforcement actions.
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
47 U.S.C. SS 301, 503(b); 47 C.F.R. SSS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-1486
Federal Communications Commission DA 07-1486