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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 )
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
license.2
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
forfeiture.
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
of this NOTICE OF APPARENT LIABILITY, Javier Rodriguez SHALL PAY
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
submitted.
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.
20554.10
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
00622
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.