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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jeffrey Alan Pettrey ) File No. EB-01-CF-148
Princeton, WV )
) NAL/Acct. No.
200132340003
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 30, 2001
By the District Director, Columbia Office, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Jeffrey Alan Pettrey (``Pettrey'') has
apparently violated Section 301 of the Communications Act of 1934
(``Act''),1 as amended, by operating an unlicensed radio
transmitter on frequency 27.575 MHz. We conclude that Jeffrey
Alan Pettrey is apparently liable for forfeiture in the amount of
ten thousand dollars ($10,000).
II. BACKGROUND
2. On March 28, 2001, Agents Richard Caine and Donald
Bogert, of the Commission's Columbia Office, while conducting
enforcement work in Princeton, WV, observed unauthorized radio
operations on 27.575 MHz. The frequency band 27.540-28.000 MHz
is allocated for use by the United States Government, and the
aeronautical and maritime services. There was no evidence of a
Commission authorization for this operation.
3. Agents Caine and Bogert made a positive identification
of the source of the unauthorized transmissions to the residence
of Jeffrey Alan Pettrey, 4014 West Main Street, Princeton, WV
24740. The agents requested and were given permission to inspect
the radio station by Pettrey. Pettrey's radio, a Galaxy DX 2517,
was set to frequency 27.575 MHz with a Maverick 250 radio
frequency (RF) power amplifier attached in line. The carrier
power output of the radio station was 100 watts.
III. DISCUSSION
4. Section 301 of the Act sets forth generally 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.
5. Operation on a frequency adjacent to CB Service
frequencies is not authorized by the CB rules. The radio used by
Pettrey is not FCC certificated. Further, Pettrey voided his
authorization to operate a CB radio station by using a radio not
FCC certificated and by using a power amplifier, in violation of
Sections 95.409 and 95.411 of the Commission's Rules.2
6. Based on the evidence before us, we find that on March
28, 2001, Jeffrey Alan Pettrey operated radio transmission
apparatus without a Commission authorization in willful3
violation of Section 301 of the Act.
7. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines (``Forfeiture Policy Statement''), set the
base forfeiture amounts of $10,000 for unlicensed operation.4 In
assessing the monetary forfeiture amount, we must also take into
account the statutory factors set forth in Section 503(b)(2)(D)
of the Act, which include the nature, circumstances, extent, and
gravity of the violation(s), 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 After
applying the Forfeiture Policy Statement and statutory factors to
the instant case, we believe a $10,000 forfeiture is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Rules7, Jeffrey Alan Pettrey is hereby NOTIFIED of his APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for willfully violating Section 301 of the Act.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Jeffrey Alan Pettrey 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. 200132340003.
11. Any response to this NAL must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE THE NAL/Acct. No. 200132340003
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.
13. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivable Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.8
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Jeffrey Alan Pettrey, 4014 West Main Street,
Princeton, WV 24740.
FEDERAL COMMUNICATIONS
COMMISSION
Charles C. Magin
District Director
Columbia Office
_________________________
1 47 U.S.C. § 301.
2 47 C.F.R. §§ 95.409 and 95.411.
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies 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 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
5 47 U.S.C. § 503(b)(2)(D).
647 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311 and 1.80.
8 See 47 C.F.R. § 1.1914.