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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-124
)
Gateway Security Systems, Inc. ) NAL/Acct. No.
200232380003
Jamaica, NY )
) FRN: 0007-1609-22
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 19,
2002
By the District Director, New York Office, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Gateway Security Systems, Inc., has
apparently violated Section 301 of the Communications Act of 1934
(``Act''),1 as amended, by operating a repeater station on
464.0375 MHz and portable radio transmitting equipment on
469.0375 MHz. We conclude that Gateway Security Systems, Inc.,
is apparently liable for forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On May 23, 2002, the FCC New York Office, received a
complaint of interference affecting the frequency pair
464.050/469.050 MHz, from a FCC licensed user.
3. On May 24, 2002, Commission agents using direction
finding techniques positively located the source of the
interference to Gateway Security Systems, Inc., at Terminal #4,
JFK International Airport, Jamaica, NY. The agents determined
that Gateway Security Systems, Inc., operated a repeater station
on 464.0375 MHz and portable transceivers on 469.0375 MHz. There
was no evidence of a Commission authorization for this operation
in Jamaica, NY.
4. On May 30, 2002, the New York Office sent a Warning
Letter for unlicensed operation, by First Class and Certified
Mail Return Receipt Requested, to Gateway Security Systems, Inc.
The New York Office did not receive a reply to the Warning
Letter.
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 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.
6. Based on the evidence before us, we find that Gateway
Security Systems, Inc., operated radio transmission equipment on
464.0375 and 469.0375 MHz on May 24, 2002, without a Commission
authorization in willful2 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, 12 FCC Rcd 17087, 17113 (1997), recon.
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy Statement'')3,
sets the base forfeiture amount for operation without an
instrument of authorization at $10,000. In assessing the
monetary forfeiture amount, we must take into account the
statutory factors set forth in Section 503(b)(2)(D) of the Act,4
which include 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. Applying the
Forfeiture Policy Statement and the statutory factors to the
instant case and applying the inflation adjustments, we believe
that a ten thousand dollar ($10,000) monetary forfeiture is
warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act5 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules6, Gateway Security Systems, Inc., is hereby
NOTIFIED of their 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, Gateway Security Systems,
Inc., 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. 200232380003 and FRN: 0007-1609-22.
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. 200232380003.
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. 20554.7
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Gateway Security Systems, Inc., Building 14 - Second
Floor, JFK International Airport, Jamaica, NY 11430.
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
_________________________
1 47 U.S.C. § 301.
2 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).
347 C.F.R. § 1.80.
4
47 U.S.C. § 503(b)(2)(D).
547 U.S.C. § 503(b).
647 C.F.R. §§ 0.111, and 0.311.
7 See 47 C.F.R. § 1.1914.