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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File Number: EB-07-CF-0119
David E. Perka NAL/Acct. No.: 200932340001
Annapolis, Maryland FRN: 0008202053
Adopted: September 20, 2011 Released: September 21, 2011
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of seventeen thousand dollars ($17,000) to David Edward
Perka ("Perka"), amateur radio licensee KA3PRB, for willfully and
repeatedly violating section 301 of the Communications Act of 1934, as
amended ("Act"), by operating without a license in the Maritime Radio
Service and willfully violating section 333 of the Act by maliciously
interfering with the United States Coast Guard ("USCG") on the
International Distress, Safety, and Calling Channel in Annapolis,
Maryland. In this Order, we consider Perka's request that we cancel
the forfeiture based on his inability to pay.
2. Agents in the FCC's Columbia Office determined that, on April 6 and
April 7, 2008, Perka operated on Marine Channel 16 (156.800 MHz),
which is the International Distress, Safety, and Calling Channel for
stations operating in the Maritime Radio Service. Although Perka holds
an amateur license, he does not hold a license to operate in the
Maritime Service. The unauthorized transmissions on April 6, 2008
consisted of Perka making threatening statements to the USCG. Perka
later admitted to FCC agents that the transmissions on April 6, 2008
were intentionally transmitted to harass the USCG. The unauthorized
transmissions on April 7, 2008 consisted of tones from a Dual-Tone
Multi-Frequency (DTMF) keypad.
3. On March 27, 2009, the Columbia Office issued a Notice of Apparent
Liability for Forfeiture ("NAL") in the amount of $17,000 to Perka for
apparently willfully and repeatedly violating section 301 of the Act
by operating without a license in the Maritime Radio Service and
apparently willfully violating section 333 of the Act by maliciously
interfering with the USCG on Marine Channel 16. In his response, Perka
admits to the findings in the NAL, but requests a reduction based on
his inability to pay.
4. 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. In examining Perka'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. We have considered Perka's
response to the NAL in light of these statutory factors. Because Perka
does not dispute any of the findings in the NAL, we find that he
willfully and repeatedly violated section 301 of the Act and willfully
violated section 333 of the Act. For the reasons discussed below, we
decline to reduce the proposed forfeiture based on Perka's alleged
inability to pay.
5. The Commission has determined that, in general, gross revenues are the
best indicator of an ability to pay a forfeiture. The NAL specifically
stated that a cancellation or reduction based on inability to pay will
not be considered unless the petitioner provides (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.
The only documentation Perka submitted was a single unemployment check
from the State of Maryland dated April 6, 2009. Enforcement Bureau
staff provided Perka an additional opportunity to submit documentation
in support of his request for a reduction based on an inability to
pay. Although we have evidence that Perka received the letter, we have
not received a response. We therefore have no basis for assessing
Perka's financial situation and find that a forfeiture in the amount
of $17,000 is warranted.
IV. ORDERING CLAUSES
6. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended ("Act"), and sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, David Edward Perka, IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for
willfully and repeatedly violating section 301 of the Act and
willfully violating section 333 of the Act.
7. 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/Account
Number and FRN referenced above. Payment by check or money order may
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
St. Louis, MO 63101. Payment by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number
27000001. For payment by credit card, an FCC Form 159 (Remittance
Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and
enter the letters "FORF" in block number 24A (payment type code).
Requests for full payment under an installment plan should be sent
to: Chief Financial Officer -- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
David Perka shall also send electronic notification on the date said
payment is made to NER-Response@fcc.gov
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to David Perka
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director, Northeast Region
47 U.S.C. S:S: 301, 333.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
47 U.S.C. S: 503(b)(2)(E).
See e.g., PJB Communications of Virginia, Inc., Memorandum Opinion and
Order, 7 FCC Rcd 2088, 2089 (1992) (licensee's gross revenues are the best
indicator of its ability to pay a forfeiture and use of gross revenues to
determine a party's ability to pay is reasonable, appropriate, and a
useful yardstick in helping to analyze a licensee's financial condition).
NAL at para. 18.
See Letter from Salomon Satche, District Director, Columbia Office, to
David Perka, dated May 26, 2011.
San Jose Navigation, Inc., Forfeiture Order, 22 FCC Rcd 1040, 1043 (2007)
(in assessing an inability to pay claim, the Commission requires the
claimant to provide reliable and objective documentation that reflects its
current overall financial status).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4); 47 C.F.R.
S:S: 301, 333.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-1584
Federal Communications Commission DA 11-1584