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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Daniel Granda ) File No. EB-03-LA-050
) File No. EB-2002-347
Licensee of Amateur Station KA6VHC ) NAL/Acct. No. 200432900001
Whittier, Californaia ) FRN: 0008889461
MEMORANDUM OPINION AND ORDER
Adopted: February 27, 2007 Released: March 1, 2007
By the Assistant Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order ("Order"), we grant, to the extent
indicated herein, a petition for reconsideration ("petition") filed by Mr.
Daniel Granda ("Mr. Granda"), licensee of amateur radio station, call sign
KA6VHC, Whittier, California. Mr. Granda seeks reconsideration of a
Forfeiture Order in which the Enforcement Bureau ("Bureau") found Mr.
Granda liable for a monetary forfeiture in the amount of eleven thousand
dollars ($11,000) for willful and repeated violation of Sections 308(b)
and 333 of the Communications Act of 1934, as amended ("Act"), and
Sections 97.101(b) and 97.101(d) of the Commission's Rules ("Rules"). The
noted violations involve
Mr. Granda's failure to respond to official Commission correspondence and
his intentional interference to amateur radio communications. For the
reasons discussed below, we reduce the forfeiture amount to two thousand
five hundred dollars ($2,500).
2. In response to complaints of interference from his amateur station, the
Bureau issued official Warning Notices to Mr. Granda on three separate
dates (December 4, 2002, January 7, 2003 and January 13, 2003). In all
three cases, Mr. Granda failed to respond to the Warning Notices. On
several occasions beginning on March 6, 2003 through April 14, 2003, the
Commission's Los Angeles, California Field Office ("Los Angeles Office")
used direction finding equipment and techniques to determine that the
operation of Mr. Granda's amateur station, KA6VHC, resulted in
interference to amateur radio communications. Moreover, during an
inspection of KA6VHC on April 15, 2003,
Mr. Granda admitted to an agent of the Los Angeles Office that he operated
his station in a manner to gain exclusive use of an amateur frequency. The
day after the inspection, April 16, 2003, the Los Angeles Office
established that Mr. Granda's station continued to be a source of
interference to amateur communications.
3. On March 31, 2004, the District Director of the Los Angeles Office
issued to Mr. Granda a Notice of Apparent Liability ("NAL") in the amount
of $11,000 for apparent willful and repeated violation of Sections 308(b)
and 333 of the Act and Sections 97.101(b) and 97.101(d) of the Rules. Mr.
Granda did not file a response to the NAL, and on July 9, 2004, the Bureau
released a Forfeiture Order affirming the NAL. Mr. Granda filed a petition
for reconsideration of the Forfeiture Order on August 9, 2004, requesting
cancellation of the forfeiture. In his petition, Mr. Granda does not
dispute our finding that he caused deliberate interference to amateur
radio communications nor does he deny his failure to respond to official
Commission correspondence. He does contend, however, that imposition of
the full forfeiture amount would impose a financial hardship on him and
his spouse. In support of his inability to pay claim, Mr. Granda submitted
federal tax returns for the relevant three year period.
4. The forfeiture amount in this case was assessed in accordance with
Section 503(b) of the Act , and 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. In examining Mr.
Granda's petition, 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 any other such matters
as justice may require.
5. In analyzing a financial hardship claim, the Commission generally has
looked to gross revenues as a reasonable and appropriate yardstick in
determining whether a licensee is able to pay the assessed forfeiture.
While we find that Mr. Granda willfully and repeatedly violated Sections
308(b) and 333 of the Act and Sections 97.101(b) and 97.101(d) of the
Rules, based upon the financial documentation that he provided, we
conclude that reduction of the $11,000 forfeiture to $2,500 is warranted.
The reduction of the forfeiture amount, however, does not lessen the
severity of the violations cited in this proceeding, specifically Mr.
Granda's intentional interference to radio communications. For that
reason, we will further admonish Mr. Granda for his violations of Section
333 of the Act.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act and
Section 1.106 of the Rules, the petition filed by Daniel Granda IS GRANTED
TO THE EXTENT INDICATED HEREIN.
7. IT IS FURTHERED ORDERED that, pursuant to Section 503(b)(2)(D) of the
Act and Section 1.80 of the Rules, Daniel Granda IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $2,500 for willful and repeated violations of
Sections 308(b) and 333 of the Act and Sections 97.101(b) and 97.101(d) of
8. IT IS FURTHER ORDERED that Daniel Granda IS ADMONISHED for his
intentional interference to amateur radio communications.
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 12^th Street, SW, Room 1-A625, Washington, D.C.
10. IT IS FURTHERED ORDERED that a copy of this Order shall be sent by
first class and certified mail, return receipt requested, to the address
of record for Mr. Daniel Granda and to his counsel, Lewis H. Goldman,
Esq., 45 Dudley Court, Bethesda, Maryland 20814.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
Daniel Granda, Forfeiture Order, 19 FCC Rcd 12781 (Enf. Bur.
47 U.S.C. SS 308(b) and 333.
47 C.F.R. SS 97.101(b) and 97.101(d).
Daniel Granda, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432900001 (Enf. Bur., Los Angeles Office, released March 31, 2004).
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
47 U.S.C. S 503(b)(2)(D).
See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
FCC Rcd 2088 (1992) ("PJB Communications").
See Local Long Distance, Inc., Order on Reconsideration, 16 FCC Rcd
10023, 10025 (2001) (forfeiture not deemed excessive where it represented
approximately 7.9 percent of the violator's gross revenues); Hoosier
Broadcasting Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640,
8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues);
Alpha Ambulance, Inc., Order, 19 FCC Rcd 2547, 2548 (2004), citing PJB
Communications, 7 FCC Rcd at 2089 (forfeiture not deemed excessive where
it represented approximately 2.02 percent of the violator's gross
We have also asked the Wireless Telecommunications Bureau, Mobility
Division to consider this violation in processing Mr. Granda's pending
license renewal application for KA6VHC (File No. 0001415722).
47 U.S.C. S 405.
47 C.F.R. S 1.106.
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
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Federal Communications Commission DA 07-879
Federal Communications Commission DA 07-879
NON-PUBLIC/FOR INTERNAL USE ONLY