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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
Javier Rodriguez                 )       File Number EB-01-SJ-094
PO Box 661                       )      NAL/Acct.No. 200232680002
Boqueron, PR 00622               )


                                      Released:  November 7, 2001

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Javier Rodriguez apparently violated Section 301 of the 
Communications Act of 1934,  as amended (``Act''),1 by  operating 
an unlicensed radio station without Commission authorization.  We 
conclude  that  Javier  Rodriguez  is  apparently  liable  for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On October  24, 2001,  responding to  complaints of  CB 
radio interference  to home  electronic entertainment  equipment, 
two Federal  Communication  Commission  agents,  using  a  mobile 
direction  finding   vehicle,  observed  radio  transmissions  on 
26.705 MHz and determined  the origin of these  signals to be  an 
antenna located in the backyard of the residence belonging to Mr. 
Javier Rodriguez, located at Carr 307, Km 6.5 Interior, Boqueron, 
Puerto Rico.

     3.   Immediately  after   locating   the   source   of   the 
transmissions, the agents conducted an inspection of the  station 
and determined Rodriguez to  be the operator. Rodriguez'  station 
utilized a modified CB radio (Cobra 148 GTL, serial No.  530102).  
At the time  of the  inspection Mr. Rodriguez  had no  Commission 
authorization to operate on this frequency.

     4.   A similar violation was detected during an interference 
investigation on April 20, 1999. At that time Rodriguez  operated 
an unlicensed  station  on 26.715  MHz,  using a  Cobra  148  GTL 
connected  to  an  illegal  external  RF  amplifier.  During  the 
inspection, an  FCC agent  verbally  warned Rodriguez  that  such 
operation was in  violation of  Section 301  of the  Act and  the 
Commission's Rules.

                        III.  DISCUSSION

     5.   Section 301 of  the Act  sets forth  generally that  no 
person shall use or operate any apparatus for the transmission of 
energy of communications  or signals by  radio within the  United 
States except under  and in accordance  with the Act  and with  a 

     6.   Based on  the  evidence  before us,  we  find  that  on 
October 24, 2001,  Javier Rodriguez  willfully3 violated  Section 
301 of the Act by operating radio transmission apparatus  without 
a license.

     7.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this notice  is  $10,000.4    Section  503(b)(2)(D)  of  the  Act 
requires us to 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.''5  Considering  the  entire  record  and  applying  the 
statutory factors  listed above,  this  case warrants  a  $10,000 

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,6  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Javier 
Rodriguez is  hereby NOTIFIED  of his  APPARENT LIABILITY  FOR  A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willful violation of  Section 301  of the  Communications Act  of 
1934, as amended.8

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,9 within thirty  days of the release  date 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. referenced in the letterhead above.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. referenced in the letterhead above.

     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  documentation 

Requests for  payment  of  the  full amount  of  this  Notice  of 
Apparent Liability under an installment  plan should be sent  to: 
Federal Communications Commission, Chief, Revenue and Receivables 
Operations  Group,  445  12th  Street,  S.W.,  Washington,   D.C. 

     14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Mr. Javier Rodriguez at, PO Box 661, Boqueron, PR 

                              FEDERAL COMMUNICATIONS COMMISSION

                              William Berry
                              Resident Agent 
                              Enforcement Bureau

1 47 U.S.C.  301
2 47 U.S.C.  301
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `willful,' when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R.  1.80(b)(4)
5 47 U.S.C.  503 (b)(2)(D)
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 47 U.S.C.  301
9 47 C.F.R.  1.80.
10 See 47 C.F.R.  1.1914.