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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Klaus D. Kramer ) File No. EB-01-DL-0345
Oklahoma City, OK ) NAL/Acct.No. 200132500001
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 13, 2001
By the Enforcement Bureau, Dallas Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Klaus D. Kramer, violated Section 301 of the
Communications Act of 1934 (``Act''), as amended,1 by operating a
radio station on Citizens Band frequencies without Commission
authorization. We conclude that Klaus D. Kramer is apparently
liable for a forfeiture in the amount of nine thousand five
hundred dollars ($9,500).
2. On January 20, 2001, the FCC's Enforcement Bureau's
Communications and Crisis Management Center received a telephone
call complaining about a Citizens Band operator in the Oklahoma
City area operating with excessive power and using the pseudonym
3. On February 21, 2001, two Commission agents in the
Oklahoma City, Oklahoma area observed transmissions on Citizens
Band channel 19 (27.185 MHz) with the operator using the
pseudonym ``Bamm Bamm''. Using an FCC radio direction-finding
vehicle, the agents determined that the transmissions emanated
from the residence of Klaus D. Kramer in Grady County, Oklahoma.
An abrupt increase in signal strength was noted corresponding to
the operator transmitting a statement that he was turning his
``power back on.''
4. On February 23, 2001, two FCC agents in the Oklahoma
City, Oklahoma area observed a series of transmissions on
Citizens Band channel 19 (27.185 MHz) each with a male voice and
repeating a message. A series of other transmissions were
observed on the same channel (CB channel 19) each with a female
voice repeating a different message. Using an FCC radio
direction-finding vehicle, an FCC agent determined that one of
the transmissions emanated from 1211 N. Shartel Avenue, Oklahoma
City, Oklahoma. FCC agents using radio direction-finding
vehicles determined that the other transmissions emanated from
Mike's Cycle Shop, a business owned by Klaus D. Kramer and
located at 2212 SW 29th Street, Oklahoma City, Oklahoma. The
Commission agents conducted an inspection at 2212 SW 29th Street,
Oklahoma City, Oklahoma and determined that Klaus Kramer was
using an uncertified Citizens Band transmitter installed inside
the casing of an Industrial/Business UHF two-way transceiver.
The output of the CB transmitter was connected to a model ``Dixie
Lander 3'' external radio frequency power amplifier. This system
was automatically activated upon reception of a tone coded signal
on 469.575 MHz, an Industrial/Business Pool frequency authorized
for other purposes to Klaus D. Kramer d.b.a. Mikes Cycle Shop
under license WPHP749.
5. Immediately following the inspection at 2212 SW 29th
Street, the agents conducted an inspection at 1211 N. Shartel
Avenue and determined that Klaus D. Kramer was using a modified
Realistic Navaho CB transmitter that was connected to a ``DX-
400'' external radio frequency power amplifier. Installed
internally to the CB transmitter was an integrated circuit chip
with the male voice message digitally recorded and a UHF receiver
that automatically activated the CB transmitter upon reception of
a tone coded signal on 469.575 MHz, an Industrial/Business Pool
frequency authorized for other purposes to Klaus D. Kramer d.b.a.
Mikes Cycle Shop under WPHP749. The agents verbally warned Klaus
D. Kramer that use of an external radio frequency power amplifier
and/or a modified CB transmitter voided his authority to operate
a CB station, that such operation violated Section 301 of the
Act, and advised him of the penalties for unlicensed operation.
Klaus D. Kramer admitted to making the transmissions on February
21, 2001 utilizing an ``Afterburner'' model external radio
frequency power amplifier. Furthermore, Klaus D. Kramer admitted
to making by remote control the transmissions on February 23,
2001 using external radio frequency power amplifiers connected to
the non-certified transmitters which he admitted modifying.
Klaus D. Kramer, as owner of the equipment, voluntarily
relinquished the equipment to the FCC agents.
6. In March 1998 and October 1999, agents of the
Commission's Dallas Office determined that Klaus D. Kramer had
committed similar violations.
7. 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
license2. Pursuant to Section 307(e) of the Act, Section 95.404
authorizes operation of a Citizens Band (CB) station without
individual licenses in accordance with the rules in Part 95,
Subpart D of the Commission's Rules. However, Section 95.409(b)
of the Commission's Rules voids individual authority to operate a
CB station under Section 95.404 if the operator utilizes a
certificated CB transmitter with internal modifications.
Moreover, Section 95.411 of the Commission's Rules voids
individual authority to operate a CB station if the operator
utilizes an external radio frequency power amplifier.
8. Based on the evidence before us, we find that on
February 21 and 23, 2001, Klaus D. Kramer repeatedly3 and
willfully4 violated Section 301 of the Act by operating radio
transmitters without Commission authorization.
9. Pursuant to The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997),
recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy
Statement''), the base forfeiture amount is $10,000 for
unlicensed operation. 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 Klaus D. Kramer's violation was willful
and repeated. However, a reduction in this forfeiture amount by
$500 is warranted based on Klaus D. Kramer's voluntary
relinquishment of the offending non-certified transmitting
equipment. Applying the Forfeiture Policy Statement and
statutory factors to the instant case, a $9,500 forfeiture is
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,7 Klaus D. Kramer, is hereby NOTIFIED of his
APPARENT LIABILITY FOR A FORFEITURE in the amount of nine
thousand five hundred dollars ($9,500) for violating Section 301
of the Act8.
11. 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, Klaus D. Kramer, SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
12. 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, IL 60673-7482. The payment should note the
NAL/Acct. No. referenced in the letterhead above.
13. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW, Washington, DC
20554, Attn: Enforcement Bureau - Technical and Public Safety
Division, and MUST INCLUDE THE NAL/Acct. No. reference in the
14. 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
15. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, SW, Washington, DC 20554.10
16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Klaus D. Kramer at 2212 SW 29th Street, Oklahoma
City, OK 73119-2118.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director - Dallas Office
1 47 U.S.C. § 301.
3 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies to Section 503(b) of the Act, provides that ``[t]he term
`repeated', when used with reference to the commission or
omission of any act, means the commission or omission of such act
more than once or, if such commission or omission is continuous,
for more than one day.
4 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).
5 47 U.S.C. § 503(b)(2)(D). See also Forfeiture Policy
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and
downward adjustment factors).
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.