Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
JMK Communications, Inc.
) File Number: EB-07-HL-099
Licensee of AM Broadcast Station
KREA ) NAL/Acct. No.: 200732860001
Honolulu, HI ) FRN: 0007309503
Facility ID 39773 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 7, 2007
By the Resident Agent, Honolulu Resident Agent Office, Western Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that JMK Communications, Inc. ("JMK"), licensee of AM Broadcast
Station KREA, in Honolulu, Hawaii, apparently willfully and repeatedly
violated Section 73.44(b) of the Commission's Rules ("Rules") by
failing to ensure that emissions removed by more than 75 kHz from the
KREA fundamental frequency of 1540 kHz are attenuated 80 dB below the
unmodulated carrier level. We conclude, pursuant to Section 503(b) of
the Communications Act of 1934, as amended ("Act"), that JMK is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000).
II. BACKGROUND
2. On April 12, 2007, the Honolulu Resident Agent Office ("Honolulu
Office") received a complaint alleging that an AM broadcast station on
1540 kHz was causing interference on 1810 kHz and that the
interference was a result of spurious emissions. 1810 kHz is
authorized for primary use by stations in the Amateur Radio Service.
3. On April 17, 2007, Honolulu agents inspected AM Broadcast Station
KREA. The agents employed a calibrated spectrum analyzer and an
external magnetically mounted antenna to measure spurious emissions
from KREA on 1810 kHz, attenuated -60 dB referenced to the KREA
carrier on 1540 kHz.
4. A Notice of Violation ("Notice") was issued to JMK Communications,
Inc., licensee of AM Broadcast Station KREA, on April 26, 2007, citing
JMK for violation of Section 73.44(b) of the Rules. JMK replied to the
Notice via letter dated May 15, 2007. In its response, JMK
acknowledged the spurious emissions, and stated that they had remedied
the problem.
5. On May 22, 2007, a Honolulu agent again inspected AM Broadcast Station
KREA. The Honolulu agent employed a calibrated spectrum analyzer and
an external magnetically mounted antenna and measured spurious
emissions from KREA on 1810 kHz, attenuated -59 dB referenced to the
KREA carrier on 1540 kHz. The agent spoke to the local KREA contract
engineer, who stated that the installed filtering had failed and
needed to be replaced. The agent also spoke with the individual who
had designed and installed the rejection filters for the station and
he confirmed that the installed filters had failed, and stated that
further repairs were pending.
6. On July 9, 2007, a Honolulu agent again inspected AM Broadcast Station
KREA. The agent employed a calibrated spectrum analyzer and an
external magnetically mounted antenna and measured spurious emissions
from KREA on 1810 kHz, attenuated -55 dB referenced to the KREA
carrier on 1540 kHz.
7. On July 18, 2007, the Honolulu Office received another e-mail
complaint alleging interference to Amateur Radio Service operations on
1810 kHz. The complaint stated that the spurious emissions have
continued unabated.
III. DISCUSSION
8. 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.
9. Section 73.44(a) of the Rules requires that "[t]he emissions of
stations in the AM service shall be attenuated in accordance with the
requirements specified in paragraph (b) of this section." Section
73.44(b) of the Rules requires that "[e]missions removed by more than
75 kHz (from the carrier) must be attenuated at least 43 + 10 Log
(Power in watts) or 80 dB below the unmodulated carrier level,
whichever is the lesser attenuation...." As AM Broadcast Station KREA
is licensed to operate on1540 kHz, at 5000 watts, the emissions on
1810 kHz must be attenuated 80 dB. The frequency 1810 kHz is not
assigned for broadcast use, and the station's emissions on 1810 kHz
are impacting primary Amateur Radio Service use. On April 26, 2007,
JMK received a Notice from the Honolulu Office notifying JMK that it
is was operating in violation of Section 73.44(b) by failing to ensure
that its emissions on 1810 kHz were attenuated 80 dB. Two subsequent
investigations by Honolulu agents, on May 22, 2007, and July 9, 2007,
revealed KREA was producing spurious emissions on 1810 kHz, attenuated
-59 dB, and -55 dB, respectively. JMK was notified of its violation of
Section 73.44(b), but failed to correct it, therefore, its violation
is willful. The violation occurred on more than one day, therefore, it
is repeated. Based on the evidence before us, we find that JMK
apparently willfully and repeated violated Section 73.44(b) of the
Rules by failing to adequately attenuate the spurious emissions on
1810 kHz.
10. 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 unauthorized emissions is $4,000. 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 violations, and with respect to the violator, the degree of
culpability, and 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 JMK is apparently liable for a $4,000
forfeiture.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, JMK Communications, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of four thousand dollars ($4,000) for violations of Section
73.44(b) of the Rules.
12. 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, JMK Communications, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
13. 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 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
14. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Honolulu Resident
Agent Office, POB 971030, Waipahu, Hawaii 96797 and must include the
NAL/Acct. No. referenced in the caption.
15. 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.
16. 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.
17. 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 JMK Communications, Inc.
FEDERAL COMMUNICATIONS COMMISSION
John R. Raymond
Resident Agent,
Honolulu Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 73.44(b).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 97.301, 2.106.
47 C.F.R. S: 73.44(b). As KREA is licensed to operate at 5000 watts, the
emissions are required to be attenuated 80 dB.
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 C.F.R. S: 73.44(a).
47 C.F.R. S: 73.44(b).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.44(b).
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
2
Federal Communications Commission