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                            Before the
                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:

                          I.  INTRODUCTION

     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 
call sign.  


                          II.  BACKGROUND

     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, 
Nebraska.

     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.

                      III.  DISCUSSION

     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 
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. 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 
submitted.

     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
                         District Director
                         Kansas City Office
                         Enforcement Bureau

Attachment
_________________________

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.  
Id.

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.