Report No. CI 98-4      COMPLIANCE AND INFORMATION ACTION    April 6, 1998

FCC ISSUES HEARING NOTICES TO FIVE UNLICENSED FM RADIO OPERATORS
                                
     The Federal Communications Commission today issued Orders to begin hearing
proceedings against five unlicensed FM radio broadcast operators for violations of the
Communications Act.  The Commission issued the Orders because the five operators continued
their unlicensed operations despite warnings from the Commission that their unlicensed radio
transmissions were in violation of Section 301 of the Act.  The five operators face possible
fines of $11,000 each.  

     The five operators are Joseph Frank Ptak, of San Marcos, Texas; Lewis B. Arnold, of
Chewellah, Washington; Keith Perry, of Leander, Texas; Mark A. Rabenold, of Oroville,
Washington; and Jerry Szoka, of Cleveland, Ohio. 

     The Orders, which constitute "notices of hearing" before an Administrative Law Judge,
direct the individual operators to show why a "cease and desist" order should not be issued by
the Commission, and why a monetary forfeiture penalty in the amount of $11,000 should not
be imposed by the Commission against each operator.  The Orders also prohibit further
unlicensed transmissions.
     
     Broadcast stations must be licensed by the Commission.  In general, unlicensed radio
operations can create a danger of interference to important radio communications services. 
The equipment used in illegal unlicensed operations is usually of unknown technical quality
and its operation causes interference to the reception of authorized services.  Illegal broadcast
stations also have the potential to interfere with vital aircraft, police and fire communications
in a manner that may endanger the safety of life.  For example, four times over the last five
months FCC investigators assisted other federal agencies in shutting down unlicensed stations
that were interfering with air traffic communications.    

     Under federal law, radio stations may be operated only upon the issuance of an FCC
license covering such equipment.  Unlicensed operation may subject the violator to serious
penalties provided for in the Communications Act of a civil fine up to $11,000 and/or seizure
and forfeiture of the radio equipment by court order.  Violators could also be subject to
criminal fines imposed by the Justice Department of up to $100,000, and/or imprisonment for
up to one year or both for a first offense.
                             - FCC-
Action by the Commission April 2, 1998, by Orders to Show Cause and Notices of
Opportunity for Hearing (FCC 98-60, 61, 62, 63, 64).   Chairman Kennard, Commissioners
Ness, Furchtgott-Roth, Powell and Tristani.

News Media Contact:  David Fiske at (202) 418-0513
Compliance and Information Bureau Contact:  Doug Cooper at (202) 418-1160
TTY:  (202) 418-2544