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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File Number: EB-06-MA-046
Adilson Alves de Almeida ) NAL/Acct. No. 200732600001
Boca Raton, Florida ) FRN: 0009331521
)
)
Corrected Copy
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 19, 2007
By the Resident Agent, Miami Field Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Adilson Alves de Almeida, apparently willfully and repeatedly
violated Section 301 of the Communications Act of 1934, as amended
("Act"), by operating an unlicensed radio transmitter. We conclude,
pursuant to Section 503(b) of the Act, that Mr. de Almeida is
apparently liable for forfeiture in the amount of ten thousand dollars
($10,000).
II. BACKGROUND
2. On December 6, 2006, in response to a complaint of interference from
an authorized government user, resident agents from the Commission's
Miami Office of the Enforcement Bureau ("Miami Office") investigated
unlicensed radio activity in the Boca Raton area. The agents monitored
transmissions on the frequency 294.080 MHz from over 4 miles from the
signal's source. The agents, using mobile direction-finding
techniques, located the transmissions to Mr. de Almeida's residence in
Boca Raton.
3. On December 27, 2006, resident agents returned to Boca Raton and
monitored transmissions on the frequency 296.550 MHz from over 4 miles
from the signal's source. The agents, using mobile direction-finding
techniques, located the transmissions to Mr. de Almeida' residence.
The agents observed a Yagi-type antenna mounted at the roof level in
the back of the residence.
4. On January 11, 2007, resident agents returned to Boca Raton and
monitored transmissions on the frequency 294.023 MHz from over 4 miles
from the signal's source. The agents, using mobile direction-finding
techniques, again located the transmissions to Mr. de Almeida's
residence. The agents observed a Yagi-type antenna mounted at the roof
level in the back of the residence.
5. Based on the agents' experience with Yagi-type antennas and the
distance over which the signals were heard, the agents determined that
the signals broadcasted on December 6 and 27, 2006 and January 11,
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. As a non-governmental
entity, Mr. de Almeida is not eligible to receive a license to operate
in the 267-322 MHz Band.
III. DISCUSSION
6. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly 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 day.
7. 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." Agents from the Miami Office
determined that, on December 6 and 27, 2006 and January 11, 2007, an
unlicensed radio station operated on 294.080, 296.550, and 294.023
MHZ, respectively, from Mr. de Almeida's residence in Boca Raton,
Florida. Mr. de Almeida is not eligible for a license to operate on
these frequencies. Based on the evidence before us, we find Mr. de
Almeida apparently willfully and repeatedly violated Section 301 of
the Act by operating radio transmission apparatus without a license.
8. 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 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 Mr. de
Almeida is apparently liable for a $10,000 forfeiture
IV. ORDERING CLAUSES
9. 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, Adilson Alves de Almeida 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.
10. 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, Adilson Alves de Almeida
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
11. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission.\001 The
payment must include the NAL/Acct. No. and FRN No. referenced
above.\001 Payment by\001check 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\001Payment by wire transfer may be made to ABA
Number\001043000261, receiving bank\001Mellon Bank, and account
number\001911-6106.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Miami Field
Office, 2210 NW 82^nd Avenue, Miami, FL 33122, and must include the
NAL/Acct. No. referenced in the caption.
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 submitted.
14. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director - Financial Operations, Room 1A625, 445
12th Street, S.W., Washington, D.C. 20554.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
Liability for
Forfeiture shall be hand delivered to Adilson Alves de Almeida at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Marcus D. Stevens
Resident Agent
Miami Field Office
South Central Region
Enforcement Bureau
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
mile.
47 C.F.R. S 2.106.
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.
S1.80.
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.
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Federal Communications Commission
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Federal Communications Commission