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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-06-BS-158
Eliandro B.Ramos ) NAL/Acct. No. 200732260002
Danbury, CT ) FRN 0016388233
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 26, 2007
By the District Director, Boston Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Eliandro B. Ramos ("Ramos") apparently willfully and repeatedly
violated Section 301 of the Communications Act of 1934, as amended
("Act"), by operating on the frequency of 296.550 MHz without
Commission authorization. We conclude, pursuant to Section 503(b) of
the Communications Act of 1934, as amended, that Ramos is apparently
liable for a forfeiture in the amount of ten thousand dollars
2. On November 29, 2006, the Commission received a complaint that an
authorized United States government user was receiving harmful
interference from an unauthorized station operating on 296.550 MHz in
the Danbury, Connecticut area. The harmful interference was
obstructing and interfering with a government communications system.
3. On December 29, 2006, an agent from the FCC's Boston Field Office
monitored transmissions on the frequency 296.550 MHz and, using mobile
direction-finding techniques, determined that the source of the
transmissions was a residential house at 10 Hobson Street in Danbury,
CT. The transmissions were detected by the agent from more than four
miles from the residence. The agent also observed a horizontally
polarized antenna mounted on the roof. The agent further determined
that a vehicle parked at the Hobson Street residence was registered
with the Connecticut Department of Motor Vehicles to Ramos.
4. On April 5, 2007, a field agent again detected transmissions on
296.550 MHz and determined the source of the transmission as the
Hobson Street residence. The agent observed a horizontally polarized
antenna mounted on the roof of the residence and a satellite dish
mounted on the side of the residence at ground level. The agent also
observed at the Hobson Street residence the vehicle registered to
Ramos that was observed on December 29, 2006.
5. On April 19, 2007, agents conducted an inspection at the Hobson Street
residence. During the inspection, agents positively identified Ramos
from his driver's license. Ramos admitted to operating the station and
the transmitting equipment observed during the inspection. The
transmitter was measured at an output power of 7 watts and found to
be capable of transmitting on the frequency 296.550 MHz. The agents
also found transmission equipment in Ramos's vehicle, which had a
measured output power of 22 watts.
6. Based on the agents' experience with horizontally polarized antennas
and the distance over which the signals were heard, the agents
determined that the signals broadcast on December 29, 2006 and April
5, 2007, exceeded the limits for operation under Part 15 of the
Commission's Rules ("Rules") and therefore required a license.
Pursuant to the Table of Allocations, the 267-322 MHz Band is
allocated solely for Federal Government use. In the band 255 - 328.6
MHz, the fixed and mobile services are limited to the military
services. The use of the band 235 - 322 MHz is allocated on a primary
basis to the mobile-satellite service, limited to military operations.
As a non-governmental entity, Ramos is not eligible to receive a
license to operate in the 267-322 MHz Band.
7. Section 503(b) of the Act provides that any person who willfully fails
to comply substantially with the terms and conditions of any license,
or willfully fails to comply with any of the provisions of the Act or
of any rule, regulation or order issued by the Commission thereunder,
shall be liable for a forfeiture penalty. The term "willful" as used
in Section 503(b) has been interpreted to mean simply that the acts or
omissions are committed knowingly. The term "repeated" means the
commission or omission of such act more than once or for more than one
8. Section 301 of the Act requires 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. In particular, Section 301
states that "[n]o person shall use or operate any apparatus for the
transmission of energy or communications or signals by radio (a) from
one place in any State, Territory, or possession of the United States
or in the District of Columbia to another place in the same State,
Territory, possession, or District; . . . except under and in
accordance with this chapter and with a license in that behalf granted
under the provisions of this chapter." FCC agents determined that, on
December 29, 2006, and April 5, 2007, an unlicensed radio station
operated on 296.550 MHz from Ramos's residence in Danbury, CT. During
an inspection on April 19, 2007, Ramos admitted to operating radio
transmitting equipment on 296.550 MHz from his residence. Based on the
evidence before us, we find that Ramos apparently willfully and
repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license.
9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for operation without an instrument of
authorization for the service 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)(E) 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, Section 1.80,
and the statutory factors to the instant case, we conclude that Ramos
is apparently liable for a $10,000 forfeiture
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80 of the Commission's Rules, Eliandro B. Ramos is hereby NOTIFIED
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for violations of Section 301 of the Act.
11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Eliandro B. Ramos shall
pay the full amount of the proposed forfeiture or shall file a written
statement seeking reduction or cancellation of the proposed
12. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box\001358340,\001Pittsburgh, PA
15251-8340.\001 Payment by overnight mail may be sent to\001Mellon
Bank\001/LB\001358340,\001500 Ross Street, Room 1540670, Pittsburgh,
PA 15251.\001\001 Payment by wire transfer may be made to ABA
Number\001043000261, receiving bank\001Mellon Bank, and account
13. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Boston Office, 1
Batterymarch Park, Quincy, MA, 02169 and must include the NAL/Acct.
No. referenced in the caption.
14. 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.
15. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.
16. IT IS FURTHER ORDERED THAT a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested and regular mail, to Eliandro B. Ramos at 10 Hobson Street,
Danbury, CT, 06810.
FEDERAL COMMUNICATIONS COMMISSION
47 U.S.C. S 301.
47 U.S.C. S 503(b).
Section 15.209 of the Rules provides that non-licensed broadcasting
between 216-960 MHz band is permitted only if the field strength of the
transmission does not exceed 200 mV/m at three meters. 47 C.F.R. S 15.209.
Devices compliant with Part 15 typically have a range of less than one
See 47 C.F.R. S 2.106.
47 C.F.R. S 2.106, Federal Government Footnote G27.
47 C.F.R. S 2.106, Federal Government Footnote G100.
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[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."
47 U.S.C. S 301.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S 503(b)(2)(E).
47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.
See 47 C.F.R. S 1.1914.