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

In the Matter of                   )      File Number EB-04-OR-186
Danny R. McKinney                  )     NAL/Acct. No.200532620003
Bigelow, Arkansas                  )
                                  )                FRN 0012802120


                                    Released:  April 6, 2005

By the District Director,  New Orleans Office, South Central 
Region, Enforcement Bureau:


     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Danny R. McKinney (``Mr. 
McKinney''), apparently liable for a forfeiture in the 
amount of ten thousand dollars ($10,000) for willful 
violation of Section 301 of the Communications Act of 1934, 
as amended (``Act'').1  Specifically, we find Mr. McKinney 
apparently liable for operating a transmitter on 156.325 MHz 
(VHF marine channel 66) without a license. 


     2.   On March 5, 2004, the Commission's New Orleans 
Office of the Enforcement Bureau (``New Orleans Office'') 
received a complaint about the misuse of VHF marine radios 
along the Arkansas River in Arkansas.  Agents from the New 
Orleans Office contacted several employees of the Arkansas 
Game and Fish Commission, who stated they had been trying 
unsuccessfully to stem the use of VHF marine radios by area 
hunters.  Despite their efforts to educate hunters that such 
use of VHF marine radios is illegal, the employees stated 
hunters continued to use marine frequencies for hunting 

     3.   On November 13, 2004, the opening day of deer 
hunting season, agents from the New Orleans Office used 
radio direction finding techniques to determine that the 
source of a signal on 156.325 MHz (VHF marine channel 66) 
was coming from a 1994 green GEO Tracker in Pulaski County, 
Arkansas.  The driver of the vehicle was observed talking 
into a radio microphone.  The agents determined that the 
driver of the vehicle was Mr. McKinney and that the vehicle 
was registered under his name.  A search of Commission 
records provided no authorization for Mr. McKinney to 
operate on this frequency.

     4.   On December 13, 2004, the New Orleans Office sent 
Mr. McKinney a warning letter for unlicensed operation of a 
transmitter on 156.325 MHz.

     5.   On December 23, 2004, the New Orleans Office 
received a reply to the warning letter from Mr. McKinney in 
which he admitted operating a radio transmitter on 156.325 
MHz without a license to talk to a friend, the captain of 
the motor vessel, Sioux, and occasionally other people. He 
also stated that he had purchased the radio approximately 
two years ago.

     6.   Section 301 of the Act states that no person shall 
use or operate any apparatus for the transmission of energy 
or communications or signals by radio within the United 
States except under and in accordance with the Act and with 
a license issued by the Commission.2  The frequency 156.325 
MHz has been assigned to VHF Marine Channel 66 for maritime 
services.3  Section 80.13 of the Rules states that stations 
in the maritime service must be licensed either individually 
or by fleet.4  Ship stations may also be licensed by rule 
under certain circumstances without an individual license.5  
However, ship stations are defined as those radio stations 
located on vessels not permanently moored,6and Part 80 of 
the Rules does not make any provisions for authorizing 
maritime stations in vehicles on land.  On November 13, 
2004, agents from the New Orleans Office observed Mr. 
McKinney operate a radio transmitter on a VHF marine channel 
from a land-based vehicle.  The Commission's records showed 
that Mr. McKinney did not have a license to operate this 
station and does not qualify to be licensed by rule.  Mr. 
McKinney subsequently admitted to the unlicensed operation. 

     7.   Based on the evidence before us, we find that, on 
November 13, 2004, Mr. McKinney willfully7 violated Section 
301 of the Act by operating an unlicensed radio transmitter 
on 156.325 MHz.

     8.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules (``Rules''),8 the base forfeiture amount for operation 
without an instrument of authorization is $10,000.  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 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.9  Considering the entire 
record and applying the factors listed above, this case 
warrants a $10,000 forfeiture.


     9.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 
1.80 of the Rules,11 Danny R. McKinney is hereby NOTIFIED of 
ten thousand dollars ($10,000) for willful violation of 
Section 301 of the Act by operating an unlicensed 
transmitter on 156.325 MHz.

     10.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Danny R. McKinney SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 

     11.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  Payment by check or money order 
may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL 60673-7482.  Payment by overnight mail may be 
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.  Payment by wire transfer may 
be made to ABA Number 071000013, receiving bank Bank One, 
and account number 1165259.  The payment should note 
NAL/Acct. No. 200532620003, and FRN 0012802120.  Requests 
for payment of the full amount of this NAL under an 
installment plan should be sent to: Chief, Revenue and 
Receivable Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.12

     12.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, New Orleans Office, Suite 460, 2424 Edenborn Avenue, 
Metairie, LA  70001, within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 

     13.  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 

     14.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Danny R. McKinney at his record of 

                              FEDERAL         COMMUNICATIONS 

                              James C. Hawkins
                              New Orleans Office
                              South Central Region
                              Enforcement Bureau

147 U.S.C.  301

247 U.S.C.  301. 

3See 47 C.F.R.  80.373(f).

447 C.F.R.  80.13.

5 47 C.F.R. 80.13(c).

6See 47 C.F.R.  80.5, 80.13.

7Section 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 4387-88 

847 C.F.R.  1.80(b)(4).

947 U.S.C.  503(b)(2)(D).

1047 U.S.C.  503(b).

1147 C.F.R.  0.111, 0.311, 1.80.

12See 47 C.F.R.  1.1914.