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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-06-AT-057
Larry J. Duckworth ) NAL/Acct. No. 200732480002
Cordele, Georgia ) FRN: 0015847296
Adopted: February 14, 2007 Released: February 16, 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 two thousand five hundred dollars ($2,500) to Larry J.
Duckworth for willful and repeated violation of Section 301 of the
Commission's Act of 1934, as amended ("Act"). The noted violation
involves Mr. Duckworth's operation of an unlicensed radio transmitter.
2. In response to a complaint, on July 18, 2006, agents from the
Commission's Atlanta Office of the Enforcement Bureau ("Atlanta
Office") conducted an inspection of Mr. Duckworth's CB radio station
located inside his residence. The agents observed a coaxial cable
connecting a linear amplifier to his CB transmitter. The power of the
station as installed measured at 106 watts. Mr. Duckworth admitted to
the agents that he had been operating the station with the attached
linear amplifier. The agents informed him that he was in violation of
the Commission's Rules ("Rules") and that use of a linear amplifier
voided his authority to operate his station. Mr. Duckworth voluntarily
surrendered his linear amplifier.
3. In response to another complaint, on September 28, 2006, agents from
the Atlanta Office re-inspected the CB station in Mr. Duckworth's
residence. The agents observed a coaxial cable connecting two linear
amplifiers to his CB transmitter. The power of the station as
installed measured at 2500 watts. The CB transmitter at his station
was a non-certificated CB transmitter, Galaxy model DX99V. Mr.
Duckworth admitted he used his station as configured.
2. On December 15, 2006, the Atlanta Office issued a Notice of Apparent
Liability for Forfeiture to Mr. Duckworth in the amount of ten
thousand dollars ($10,000) for the apparent willful and repeated
violation of Section 301 of the Act. Mr. Duckworth submitted a
response to the NAL requesting a reduction or cancellation of the
proposed forfeiture based on his inability to pay.
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, 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 Mr. Duckworth'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
4. 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. Section 95.404 of the
Rules states that CB operators do not require an individual license to
operate a CB station because they are authorized by this rule to
operate in accordance with the rules in this subpart.
5. Section 95.409(a) of the Rules requires that CB operators use an FCC
certificated CB transmitter at their CB stations. Section 95.409 of
the Rules also states that use of a non-certificated transmitter voids
your authority to operate your station. On September 28, 2006, agents
from the Atlanta Office observed a non-certificated CB transmitter, a
Galaxy DX99V, installed at his Mr. Duckworth's CB station. Mr.
Duckworth admitted using a non-certificated CB transmitter.
6. Section 95.410(a) of the Rules states that CB station transmitter
output must not exceed 4 watts carrier power. Section 95.410(c) of the
Rules also states that use of a transmitter which has carrier power in
excess of that authorized voids your authority to operate the station.
On July 18, and September 28, 2006, Mr. Duckworth's station carrier
power was measured to be 106 watts and 2500 watts, respectively.
4. Section 95.411(a)(1) of the Rules prohibits attaching an external
radio frequency (RF) power amplifier, sometimes called a linear
amplifier, to a CB transmitter in any way. Section 95.411(b) of the
Rules states that there are no exceptions to this rule and use of a
power amplifier voids your authority to operate the station. On July
18 and September 28, 2006, agents observed linear amplifiers attached
to Mr. Duckworth's CB transmitter. On both dates, Mr. Duckworth
admitted using the linear amplifiers attached to his transmitter.
5. Because Mr. Duckworth violated the CB Rules by using a
non-certificated CB transmitter, attaching linear amplifiers to his CB
transmitter, and operating overpower, he voided his authority to
operate his CB station pursuant to Section 95.404 of the Rules. Thus,
based on the evidence, we find that Mr. Duckworth willfully and
repeatedly violated Section 301 of the Act by operating a radio
transmitter, his CB transmitter, without the required authorization
from the Commission.
6. In his response to the NAL, Mr. Duckworth asserts that a $10,000
forfeiture would produce a financial hardship and requests that the
forfeiture be cancelled or significantly reduced. The Commission has
determined that, in general, an entity's gross revenues are the best
indicator of its ability to pay a forfeiture. After reviewing Mr.
Duckworth's financial documentation, we conclude that a reduction of
the forfeiture to $2,500 would be appropriate.
7. We have examined Mr. Duckworth'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 Mr. Duckworth
willfully and repeatedly violated Section 301 of the Act. Although
cancellation of the proposed monetary forfeiture is not warranted,
reduction of the forfeiture amount to $2,500 is appropriate based on
Mr. Duckworth's demonstrated inability to pay.
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, Larry J. Duckworth IS LIABLE FOR
A MONETARY FORFEITURE in the amount of two thousand five hundred
dollars ($2,500) 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. 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: 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 Larry J.
Duckworth at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 U.S.C. S 301.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732480002
(Enf. Bur., Atlanta Office, December 15, 2006) ("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 95.404.
47 C.F.R. S 95.409(a).
47 C.F.R. S 95.410(a).
47 C.F.R. S 95.410(c).
47 C.F.R. S 95.411(a)(1).
47 C.F.R. S 95.411(b).
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).
See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992)
(forfeiture not deemed excessive where it represented approximately 2.02
percent of the violator's gross revenues); Local Long Distance, Inc., 16
FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented
approximately 7.9 percent of the violator's gross revenues); Hoosier
Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed
excessive where it represented approximately 7.6 percent of the violator's
47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 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 07-673
Federal Communications Commission DA 07-673