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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File No. EB-07-SE-113
Liam Patrick Ryan d/b/a
) NAL/Acct. No. 200832100006
L. P. Ryan / Low Power Radio
) FRN # 0017105370
St. Louis, Missouri
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: November 9, 2007 Released: November 13, 2007
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio ("Low Power
Radio") 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
2. On May 30, 2007, the Spectrum Enforcement Division of the Enforcement
Bureau issued a Letter of Inquiry ("LOI") to Low Power Radio in
response to information that Low Power Radio was marketing in the
United States fully-assembled AM transmitters; specifically, the
SSTRAN model AMT3000 AM ("AMT3000") transmitter. In Low Power Radio's
LOI response filed with the Commission, Mr. Ryan indicates that he was
not aware of any certification authorizing a fully assembled AMT3000
transmitter. Mr. Ryan claims that he does not "market, offer, or sell
complete and assembled SSTRAN AMT3000 transmitters." Rather, he claims
that he "offers an assembly service." According to Mr. Ryan, "if
someone decides to order an AMT3000 kit directly from SSTRAN for me to
build, they can do so, or, at their request I can order the AMT3000
kit from SSTRAN and build it for them." "Since the SSTRAN AMT3000 is
available only as a kit," Mr. Ryan continues, "I believe that
certification is not required, and is FCC compliant." Mr. Ryan states
that he has maintained no documentation but admits that he has sold
completed units to Low Power Radio customers.
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 AMT3000 transmitters
marketed by Low Power Radio, are intentional radiators subject to the
certification requirement. Mr. Ryan's claims that he does not "market,
offer, or sell complete and assembled SSTRAN AMT3000 transmitters" and
that he merely "offer[s] an assembly service" are belied by the
record. Low Power Radio's website, www.ontheair3.com, advertises the
SSTRAN AMT3000 as follows:
The SSTRAN AMT3000 features a crystal controlled Digital Frequency
Synthesizer that allows the user to program any frequency within the
entire 530 to 1700 kHz Standard AM Broadcast band. Comes complete as shown
including AC adapter and antenna. No assembly required! Just plug 'n play.
Buy your assembled, tuned and tested AMT3000 from us today!
Moreover, nowhere on the website does Low Power Radio advertise an
"assembly service," indicate that potential customers could purchase the
SSTRAN AMT3000 directly from SSTRAN and that Low Power Radio would
assemble it for them, or provide a price for an assembly-only service. Low
Power Radio may not circumvent the certification requirement for
transmitters by characterizing the marketing of the assembled SSTRAN
AMT3000 as an "assembly service." As the assembler of the device, Mr. Ryan
was responsible for obtaining an equipment certification prior to
marketing. Mr. Ryan admits, however, that there is no certification for
these devices. Therefore, we find that Low Power Radio 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 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 Low Power Radio marketed one
model of an unauthorized intentional radiator. Accordingly, we find
that Low Power Radio is apparently liable for a $7,000 forfeiture.
7. Finally, Mr. Ryan asserts that all of the proceeds from his "assembly
service" go directly to supplement his income to purchase medication
and medical supplies and that he is disabled and lives on a fixed
income. We note that Low Power Radio will have an opportunity to
present documentation concerning its ability to pay the proposed
forfeiture in response to the NAL.
III. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
and Sections 0.111, 0.311 and 1.80 of the Rules, Liam Patrick Ryan
d/b/a L.P. Ryan / Low Power Radio 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.
9. 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, Liam Patrick Ryan d/b/a L.P. Ryan / Low
Power Radio SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
10. 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.
11. 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.
12. 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
13. 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.
14. 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 Liam Patrick Ryan d/b/a L.P. Ryan / Low
Power Radio, 3448 Evergreen Lane, St. Louis, Missouri 63125.
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 Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007).
Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to
Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau,
Federal Communications Commission (received July 2, 2007).
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. S:15.25 (specifying equipment authorization requirements
for TV interface devices marketed as kits).
See Richard Mann d/b/a The Antique Radio Collector, Notice of Apparent
Liability for Forfeiture, 22 FCC Rcd 4956 (Enf. Bur., Spectrum Enf. Div.
2007), response pending.
Although Mr. Ryan acknowledges that there is no certification for the
SSTRAN AMT3000, the website falsely advertises the assembled device as
"Part 15 compliant."
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).
See infra paragraph 12.
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311 and 1.80.
See 47 C.F.R. S: 1.1914.
(Continued from previous page)
Federal Communications Commission DA 07-4570
Federal Communications Commission DA 07-4570