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

In the Matter of                )
                                )       File No. EB-03-DT-021
Ronald E. Sauer                 )       
                                )       NAL/Acct.             No. 
200332360006
Bedford Heights, Ohio           )       
                                )       FRN: 0008-9043-36


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  May 6, 
2003

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Ronald  E. Sauer, (``Sauer''), licensee  of 
amateur radio station WE8E, Bedford Heights, Ohio, has apparently 
violated Sections 97.101(d),  97.113(a)(4) and  97.119(a) of  the 
Commission's Rules  (``Rules'')1.  Respectively,  these  sections 
require that no amateur  operator shall willfully or  maliciously 
interfere with or cause interference to any radio  communications 
or signal;  no amateur  station shall  transmit music;  and  each 
amateur  station  must  transmit  its  assigned  call  sign.   We 
conclude that Sauer is apparently liable for a forfeiture in  the 
amount of twelve thousand dollars ($12,000).

                           II.  BACKGROUND

     2.   On  January  24,  2003,  the  Detroit  Office  received 
information that  deliberate jamming  to a  Canadian amateur  net 
operation was occurring  daily on the  frequency 7.055 MHz.   The 
complaint also indicated that bearings tentatively put the source 
of the jamming in  the Canton, Ohio area.   On January 25,  2003, 
and January 26, 2003, the FCC's High Frequency Direction  Finding 
(``HFDF'') Group  observed  music  being  played  and  deliberate 
jamming occurring  on 7.055  MHz.   The long  distance  direction 
finding bearings that the HFDF Group obtained indicated that  the 
source of  the music  and jamming  was emanating  from a  station 
operating in the Cleveland, Ohio  area, near the intersection  of 
Interstate 480 and Interstate 77.

     3.   On January 28, 2003, an  agent from the Detroit  Office 
observed a station deliberately jamming and playing music on  the 
frequency of 7.055 MHz. 

     4.   On  January  30,  2003,  the  Detroit  Office  received 
information indicating that  deliberate jamming  had occurred  on 
this date.  The information also  said that the interference  was 
emanating from an amateur radio  station located at 23260  Cannon 
Road, Bedford Heights, Ohio, licensed to amateur radio  operator, 
Ronald E. Sauer, WE8E.

     5.   On January 31, 2003, an  agent from the Detroit  Office 
was  dispatched  to  further   investigate  the  source  of   the 
deliberate jamming occurring on 7.055 MHz.  The agent heard music 
being played and deliberate jamming occurring on the frequency of 
7.055  MHz.   Using  radio   direction  finding  techniques,   at 
approximately 3:20  P.M., the  agent located  the source  of  the 
interference emanating from 23260  Cannon Road, Bedford  Heights, 
Ohio.  The agent conducted an inspection, and Ronald E. Sauer, an 
amateur radio operator, license WE8E,  admitted that he had  been 
playing music  and deliberately  jamming the  frequency of  7.055 
MHz.  He further admitted  to jamming and  playing music on  this 
frequency on previous days.

            III.                               DISCUSSION

     6.   Section 97.101(d)  requires  that no  amateur  operator 
shall  willfully   or  maliciously   interfere  with   or   cause 
interference to  any  radio communications  or  signal.   Section 
97.113(a)(4) requires  that  no amateur  station  shall  transmit 
music using  a phone  emission, except  as specifically  provided 
elsewhere in this section.  Section 97.119(a) requires that  each 
amateur station, except a  space station or telecommand  station, 
must transmit its assigned call sign on its transmitting  channel 
at the end of each communication,  and 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   transmissions.    No   station   may   transmit 
unidentified  communications  or  signals,  or  transmit  as  the 
station call sign, any call sign not authorized to the station.

     7.   Based on the  evidence before  us, we  find that  Sauer 
willfully2 and  repeatedly3  violated Section  97.101(d)  for  an 
amateur  radio   operator   willfully  or   maliciously   causing 
interference to  radio communications;  Section 97.113(a)(4)  for 
transmitting music  from his  amateur radio  station and  Section 
97.119(a) for failure to  transmit the station identification  of 
his  amateur   station.   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'')4, sets  the base  forfeiture  amount at  $7,000  for 
causing  interference,  $4,000   for  transmitting   unauthorized 
emissions  and,   $1,000   for   failure   to   provide   station 
identification.  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, 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 twelve thousand dollar  ($12,000) 
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 
Rules5, Ronald  E.  Sauer 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 Rules.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  (30) days of the  release date of  this 
NOTICE OF APPARENT LIABILITY, Sauer 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. 200332360006, FRN: 0008-9043-36.

     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. 200332360006, FRN: 0008-
9043-36 .

     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:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.6 

     14.  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  and Public  Safety 
Division, Enforcement Bureau, Federal Communications  Commission, 
445 12th Street S.W., Washington, D.C. 20554.  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 any questions regarding any of the information contained  in 
Attachment A, please contact OCBO at (202) 418-0990

     15.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested,  to  Ronald  E.  Sauer,  23260  Cannon  Road,  Bedford 
Heights, Ohio  44146.



                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit    Office,    Enforcement 
                                Bureau


Attachment A - FCC List of Small Entities, October 2002
_________________________

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 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 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.

447 C.F.R.  1.80.

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

6 See 47 C.F.R.  1.1914.