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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-807
Scott E. Kamm ) NAL/Acct. No. 200332560008
Licensee of Amateur Station N0UGN ) FRN 0006-5376-58
Sioux City, Iowa
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 24, 2003
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Scott E. Kamm, licensee of
amateur radio station N0UGN, apparently liable for a
forfeiture in the amount of twelve thousand dollars
($12,000) for willful and repeated violation of Sections
97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's
Rules (``Rules'').1 Specifically, we find Mr. Kamm
apparently liable for causing intentional interference,
broadcasting music and failing to identify with his station
2. On December 9, 2002, in response to complaints of
continuing interference on Amateur Radio Service frequency
146.31 MHz, an agent of the Commission's Kansas City Field
Office monitored the frequency. At approximately 7:00 P.M.,
the agent observed very strong signals on the frequency
146.31 MHz consisting of music, sound effects and
unmodulated carriers. No station identification was
transmitted. These transmissions were observed interfering
with existing communications that were in progress between
other amateur stations. Using radio direction finding
equipment and techniques, the agent determined the source of
these interfering signals to be Mr. Kamm's residence located
at 1950 207th St., Waterbury, Nebraska.
3. On December 10, 2002, at approximately 5:34 A.M.,
the agent monitored 146.31 MHz and again observed very
strong transmissions consisting of music, sound effects and
unmodulated carriers interfering with existing
communications that were in progress between other amateur
stations. No station identification was transmitted. Using
radio direction finding equipment and techniques, the agent
determined the source of these signals again to be Mr.
Kamm's residence located at 1950 207th St., Waterbury,
4. Still on December 10, 2002, the agent inspected
Mr. Kamm's amateur radio station N0UGN at his residence at
1950 207th St., Waterbury, Nebraska. The agent found an
amateur radio transmitter capable of operating on 146.31
MHz. Mr. Kamm stated that no transmissions are made from
his station and that he uses it to receive only. Mr. Kamm
stated that no other persons operated the radio station.
5. Section 97.101(d) of the Rules states no amateur
operator shall willfully or maliciously interfere with or
cause interference to any radio communication or signal.
Section 97.113(a)(4) of the Rules prohibits any amateur
station from transmitting music using a phone emission.
Section 97.119(a) of the Rules requires each amateur station
to transmit its assigned call sign on its transmitting
channel at the end of each communication or at least every
10 minutes during a communication, for the purpose of
clearly making the source of the transmissions from the
station known to those receiving the transmission. No
station may transmit unidentified communications or signals,
or transmit as the station call sign, any call sign not
authorized to the station. Scott E. Kamm is the licensee of
amateur radio station N0UGN. On December 9 and 10, 2002,
Mr. Kamm's amateur radio station transmitted unidentified
transmissions consisting of music, sound effects, and
unmodulated carriers. These transmissions occurred during
ongoing transmissions by other authorized amateur radio
stations, resulting in interference to those transmissions.
6. Based on the evidence before us, we find that Mr.
Kamm willfully2 and repeatedly3 violated Sections 97.101(d),
97.113(a)(4) and 97.119(a) of the Rules by causing
intentional interference, broadcasting music and failing to
identify with his station call sign.
7. Pursuant to Section 1.80(b)(4) of the Rules,4 the
base forfeiture amount for intentional interference is
$7,000. The base forfeiture amount for failure to identify
a station is $1,000. The Rules do not establish a base
forfeiture amount for violating the Commission's amateur
radio rules regarding transmission of music. Therefore, we
must determine an appropriate forfeiture amount for this
violation.5 The rule that amateur stations not broadcast
music is similar in both nature and severity to the use of
unauthorized emissions. Section 1.80(b)(4) of the Rules
sets the base forfeiture amount at $4,000 for use of an
unauthorized emission. Therefore, we will assess the base
forfeiture for an amateur station broadcasting music in the
amount of $4,000. 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 Communications Act
of 1934, as amended (``Act''), 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.''6 Considering the entire
record and applying the factors listed above, this case
warrants a $12,000 forfeiture.
IV. ORDERING CLAUSES.
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Scott E. Kamm is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of twelve
thousand dollars ($12,000) for willful and repeated
violation of Sections 97.101(d), 97.113(a)(4) and 97.119(a)
of the Commission's Rules for causing intentional
interference, broadcasting music and failing to identify
with his station call sign.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Scott E. Kamm SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
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. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.9
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 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
13. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to
Section 503(b) of the Communications Act. If you have
questions regarding any of the information contained in
Attachment A, please contact OCBO at (202) 418-0990.
14. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Scott E. Kamm, 3290 N. Martha Lot 80,
Sioux City, IA. 51105. An additional copy shall be sent by
regular mail and Certified Mail Return Receipt Requested to
Scott E. Kamm, 1950 207th St., Waterbury, NE 68785-2605.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
Kansas City Office
1 47 C.F.R. §§ 97.101(d), 97.113(a)(4) and 97.119(a).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under 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 The 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.'' 47
U.S.C. § 312(f)(2).
4 47 C.F.R. § 1.80(b)(4).
5 See The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines (``Forfeiture Policy Statement''), 12
FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).
The Forfeiture Policy Statement states that ``... any
omission of a specific rule violation from the ...
[forfeiture guidelines] ... should not signal that the
Commission considers any unlisted violation as nonexistent
or unimportant.'' Forfeiture Policy Statement, 12 FCC Rcd
at 17099. The Commission retains the discretion, moreover,
to depart from the Forfeiture Policy Statement and issue
forfeitures on a case?by?case basis, under its general
forfeiture authority contained in Section 503 of the Act.
6 47 U.S.C. § 503 (b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.