Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Colorado River Adventures Parker, Arizona ) ) ) ) ) )
File No.: EB-FIELDWR-12-00002816 NAL/Acct. No.: 201332940001 FRN:
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: March 1, 2013 Released: March 4, 2013
By the District Director, San Diego District Office, Western Region,
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that Colorado River Adventures (CRA) apparently willfully and
repeatedly violated Section 301 of the Communications Act of 1934, as
amended (Act), ^ ^ by operating a land mobile station in Julian,
California, without the requisite Commission authorization. We
conclude that CRA is apparently liable for a forfeiture in the amount
of twelve thousand dollars ($12,000).
2. On June 1, 2012, agents from the Enforcement Bureau's San Diego Office
(San Diego Office) investigated complaints that unauthorized
transmissions on 151.865 MHz from KQ Ranch in Julian, California, were
causing interference to licensed users in the area.^ The KQ Ranch
Operations Manager advised the agents that the corporate owners,
Colorado River Adventures, sent KQ Ranch twelve handheld land mobile
radios about two or three years earlier and that those radios had been
in use since that time. The Operations Manager could not locate a
license for the radios.^ The San Diego agents examined the handheld
radios and determined that the radios were transmitting on frequency
154.600 MHz, and that several of the handhelds were producing spurious
emissions on frequency 151.865 MHz.^
3. On August 20, 2012, the San Diego Office issued a letter of inquiry
(LOI) to CRA.^ In its reply, CRA stated that they were unaware that
they were violating any FCC Rules and that they did not know precisely
when radio operations began at their parks.^ They also stated that
they were now operating pursuant to an FCC license.^
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty.^ Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law.^ The legislative
history to Section 312(f)(1) of the Act clarifies that this definition
of willful applies to both Sections 312 and 503(b) of the Act^, and
the Commission has so interpreted the term in the Section 503(b)
context.^ The Commission may also assess a forfeiture for violations
that are merely repeated, and not willful.^ The term "repeated" means
the commission or omission of such act more than once or for more than
A. Unlicensed Operation in the Private Land Mobile Radio Service
5. The record evidence is sufficient to establish that Colorado River
Adventures violated Section 301 of the Act. Section 301 of the Act
states 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 granted under the provisions of the Act.^ On June 1,
2012, agents from the San Diego Office determined that an unlicensed
land mobile radio system was operating on frequency 154.600 MHz from
KQ Ranch, Julian, California, and causing spurious emissions on
frequency 151.865 MHz. Colorado River Adventures acknowledged that
they did not have an FCC authorization to operate a land mobile system
in the Julian, California, area. The violation was repeated because it
occurred on more than one day. The violation was willful because CRA
consciously and deliberately used its land mobile radios on the
frequency 154.600 MHz, which resulted in spurious emissions on
frequency 151.865 MHz, and did not have the requisite Commission
authorization for such operation. Consequently, we find that CRA
apparently willfully and repeatedly violated Section 301 of the Act.
B. Proposed Forfeiture Amount
6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Commission's rules (Rules), the base forfeiture amount for
operation of a station without an instrument of authorization is
$10,000.^ In assessing the monetary forfeiture amount, we must also
take into account the statutory factors set forth in Section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, 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.^
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that an
upward adjustment of $2,000 is warranted based on the length of the
unlicensed operation, and that CRA is therefore apparently liable for
a forfeiture in the amount of $12,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314, and 1.80 of the Commission's rules, Colorado River
Adventures is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of twelve thousand dollars ($12,000) for
apparently willfully and repeatedly violating Section 301 of the Act.
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, Colorado
River Adventures SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account number
and FRN referenced above. Colorado River Adventures shall also send
electronic notification of payment to WR-Response@fcc.gov on the
date said payment is made. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted.^ When
completing the FCC Form 159, enter the Account Number in block number
23A (call sign/other ID) and enter the letters "FORF" in block number
24A (payment type code). Below are additional instructions you
should follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
10. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer--Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.^ If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
11. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
to Federal Communications Commission, Enforcement Bureau, Western
Region, San Diego Office, 4542 Ruffner Street, Suite 370, San Diego,
California, 92111, and include the NAL/Acct. No. referenced in the
caption. Colorado River Adventures also shall e-mail the written
response to WR-Response@fcc.gov.
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 (GAAP); 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. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and first class mail to Colorado River Adventures, P.O. Box
1088, Parker, Arizona, 85344.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
San Diego District Office
^ 47 U.S.C. S 301.
^ Specifically, YMCA, licensee of Station KNNQ698, in Julian, California,
contacted KQ Ranch approximately one year earlier about the unlicensed
operation and interference to YMCA's licensed operations.
^ On June 18, 2012, an additional search of the FCC's databases by the San
Diego Office revealed that no licenses had been issued for KQ Ranch's
^ At the end of the inspection, the agents warned the Operations Manager
about unlicensed operation, and the Operations Manager agreed to stop
using the radios until they obtained an FCC license.
^ See Letter of Inquiry from James T. Lyon, District Director, San Diego
Office, Western Region, FCC Enforcement Bureau, to Colorado River
Adventures (Aug. 20, 2012) (on file in EB-FIELDWR-12-00002816). ^
^ See Letter from Mark Wade, Director of Operations, Colorado River
Adventures, to James T. Lyon, District Director, San Diego Office, Western
Region, FCC Enforcement Bureau (Sept. 6, 2012) (on file in
EB-FIELDWR-12-00002816) (LOI Response). ^
^ A land mobile license, call sign WQPW239, was issued to CRA on August
28, 2012. See File No. 0005264527, filed June 15, 2012.
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 312(f)(1).
^ H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
Sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
^ See, e.g., Application for Review of Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons.
denied, 7 FCC Rcd 3454 (1992).
^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
^ Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he 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." See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
^ 47 U.S.C. S 301.
^ 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) (Forfeiture Policy Statement), recons.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.
^ 47 U.S.C. S 503(b)(2)(E).
^ 47 U.S.C. SS 503(b), 301; 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80.
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
^ 47 C.F.R. SS 1.16, 1.80(f)(3).
(...continued from previous page)
Federal Communications Commission DA 13-320
Federal Communications Commission DA 13-320