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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )       File No. EB-02-PA-105
Amethyst's International Inc.   )       NAL/Acct.             No.  
Point Pleasant Beach, New Jersey 08742  )
                                )       FRN #.  0006-8162-01


                                        Released:  June 5, 2002

By the District Director, Philadelphia Office, Enforcement 

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   that   Amethyst's   International   Inc. 
(``Amethyst'')  has  apparently  violated  Section  301  of   the 
Communications  Act  of  1934,  as  amended,1  (``the  Act'')  by 
operating an  unlicensed  Marine  Coast  station  on  VHF  Marine 
Channel 16 (156.8  MHz) at  the Beach Motel,  202 Arnold  Avenue, 
Point Pleasant Beach, New Jersey.  We conclude that Amethyst's is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  Background

     2.   On or about  February 25, 2002,  at approximately  6:45 
p.m.,  agent  Trenton  Williams   of  the  Enforcement   Bureau's 
Philadelphia Office received  a telephone call  at his  residence 
from the  United States  Coast Guard,  Atlantic City  New  Jersey 
Group, advising that a constant  signal was being transmitted  on 
VHF Marine Channel 16 (156.8 MHz).  The signal, which had been on 
the air since about 4:45 p.m., was causing harmful  interference, 
affecting the  ability  of  Coast Guard  Stations  Manasquan  and 
Barnegat  Light,   New  Jersey   to   monitor  channel   16   for 
transmissions from vessels in distress.

     3.   Agents  Trenton  Williams  and  Frank  Cranmer  of  the 
Philadelphia   Office   were   assigned   to   investigate    the 
interference.   At  about  8:45  p.m.,  using  direction  finding 
techniques, agent Williams  determined that the  signal on  156.8 
MHz was emanating from the Beach Motel, 202 Arnold Avenue,  Point 
Pleasant Beach, New  Jersey.  Inside,  the FCC  agents located  a 
Realistic MTX-100 marine radio in the motel lobby and noted  that 
it was transmitting on Marine  Channel 16 (156.8 MHz).  At  about 
9:00 p.m.,  John  Fernicola, representing  Amethyst,  arrived  on 
scene.  Mr. Fernicola  disconnected and removed  the radio.   Mr. 
Fernicola acknowledged that neither he nor Amethyst had a license 
to operate a coast station in the Marine Coast radio service.

     4.   On February  26,  2002, the  Philadelphia  Office  sent 
Amethyst a letter warning that operation of the unlicensed  Coast 
Station on the frequency  156.8 MHz at  the Beach Motel  violated 
Section 301  of  the  Act.  The  letter  outlined  the  potential 
penalties for operating  the unlicensed  station, which  included 
seizure  of   the  equipment,   fines  and   imprisonment.    The 
Philadelphia Office  requested  that Amethyst  submit  a  written 
response within 10 days of receipt of the letter.

     5.   By letter  dated March  4,  2002, John  Fernicola,  the 
President of Amethyst's International Inc., submitted a  response 
to the Philadelphia Office acknowledging the unlicensed operation 
and apologizing for the inconvenience associated with the event.

     6.   Section  301  of  the  Act  prohibits  radio  operation 
``except under and in accordance with this Act and with a license 
in that behalf granted under  the provisions of this Act.''   The 
FCC rules require that any  land station operating in the  Marine 
Coast radio service be  licensed.  As explained above,  Amethyst, 
which was operating  on channel  16 (156.8 MHz)  on February  25, 
2002 at 8:45 p.m.,  did not have a  license for the Marine  Coast 
station at the  Beach Motel,  202 Arnold  Avenue, Point  Pleasant 
Beach, New Jersey.

                        III.  Discussion

     7.   Based on the evidence before us, we find that  Amethyst 
has willfully2 violated Section 301 of the Act, as amended.   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 at ten thousand dollars ($10,000) for the operation of  an 
unlicensed station.  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 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  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,5 Amethyst's International Inc.  is hereby NOTIFIED of  its 
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 Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Amethyst's International  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. 200232400002 and FRN # 0006-8162-01.
     11.  The  response,  if  any,  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. 200232400002.

     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 

     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  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.6

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  Amethyst's International  Inc. 202  Arnold 
Avenue, Point Pleasant Beach, New Jersey 08742.

                                   FEDERAL         COMMUNICATIONS 

                                   John E. Rahtes
                                   District Director
                                   Philadelphia 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).

3  47 C.F.R.  1.80.
  47 U.S.C.  503(b).

5  47 C.F.R.  0.111, 0.311, and 1.80.

6  See 47 C.F.R.  1.1914.