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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number EB-07-SF-051
Martha S. and Miguel G. Campos ) NAL/Acct. No. 200832980001
San Jose, California ) FRN: 0017083221
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 31, 2007
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Martha S. and Miguel G. Campos, owners and operators of a
Citizens Band ("CB") radio station in San Jose, California apparently
willfully violated Section 301 of the Communications Act of 1934 as
amended, by operating a modified CB radio station on a frequency not
authorized for CB use. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that the Campos are
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On April 7, 2006, the Enforcement Bureau's San Francisco Office
received a complaint alleging intentional interference to CB radio
communications on 27.055 MHz. The complaints alleged that the source
of the interference was located at the residence of CB radio
operators, Martha and Miguel Campos, in San Jose, California.
3. On August 24, 2006, after subsequent complaints, the San Francisco
Field Office issued a Warning Letter to Miguel G. Campos ("August
Warning Letter"). The Warning Letter informed Mr. Campos that,
pursuant to Section 95.407 of the Rules (CB Rule 7), he must operate
his CB station only on the 40 channels allocated to the CB service and
he must not modify his CB radio to operate on any other frequency
other than allocated to the service. The August Warning Letter also
warned Mr. Campos that pursuant to Section 95.409 of the Rules (CB
Rule 9), he must not make, or have made, any internal modification to
a FCC certificated CB transmitter. Further, Mr. Campos was warned that
if the transmissions continue, he would be investigated during ongoing
FCC enforcement efforts and if such an investigation indicates that he
had violated the Communications Act or any FCC Rules, he could be
subject to severe penalties, including, but not limited to,
substantial monetary forfeitures.
4. On August 31, 2006, Mr. Campos replied to the letter acknowledging
that he was a CB operator and detailing the CB equipment that he used.
5. On September 29, 2006, in response to continued complaints, the San
Francisco Office issued a Warning Letter to Martha S. Campos
("September Warning Letter"). The September Warning Letter informed
Mrs. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7),
she must operate her CB station only on the 40 channels allocated to
the CB service and she must not modify her CB radio to operate on any
other frequency other than allocated to the service. The September
Warning Letter also warned Ms. Campos that pursuant to Section 95.409
of the Rules (CB Rule 9), she must not make, or have made, any
internal modification to a FCC certificated CB transmitter. Further,
Ms. Campos was warned that if the transmissions continue, she would be
investigated during ongoing FCC enforcement efforts and if such an
investigation indicates that he had violated the Communications Act or
any FCC Rules, she could be subject to severe penalties, including,
but not limited to, substantial monetary forfeitures.
6. On October 27, 2006, Martha and Miguel Campos came to the San
Francisco Office to discuss the warning letters they had received. A
San Francisco agent clarified some of the CB Rules to them and again
warned them about the consequences of not following the CB Rules.
7. During the period of November 2, 2006, to February 2, 2007, the San
Francisco Office continued to receive complaints alleging interference
by the Campos.
8. On March 16, 2007, San Francisco agents, using mobile direction
finding techniques, located the source of the alleged interfering
signal on 27.675 MHz to the Campos' residence in San Jose, California.
The San Francisco agents monitored the transmission of one-way
communications on 27.675 MHz. The agents also conducted an inspection
of the Campos' CB station and found two CB transmitters that were set
up and connected to outdoor antennas at Campos's residence. By
conducting on/off tests, the agents confirmed that one of the
transmitters had been modified to operate on frequency 27.675 MHz, a
frequency that is not authorized for use by CB stations. The agents
further determined that the transmitter set up in the Campos'
residence was capable of operating in excess of the four-watt power
limitations.
9. From April 10, 2007, to September 10, 2007, the San Francisco Office
continued to receive complaints alleging interference by the Campos.
III. DISCUSSION
10. 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.
11. 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. Individual licenses are
not required to operate CB radio stations. Section 95.404 of the Rules
provides a blanket authorization to all CB users, provided that their
stations are operated in accordance with the Rules.
12. Section 95.425(c) of the Rules states that "you must not operate a CB
transmitter which has been modified by anyone in any way, including
modification to operate on unauthorized frequencies . . . ." Section
95.409(b) of the Rules states that "[y]ou must not make, or have made,
any internal modification to a certificated CB transmitter. . . . Any
internal modification to a certificated CB transmitter cancels the
certification, and use of such a transmitter voids your authority to
operate the station." Section 95.407(a) of the Rules limits CB
operators to operation on 40 specific channels. Frequency 27.675 MHz
is not listed among those channels. On August 24, 2006, September 29,
2006, and October 10, 2006, the Campos' were warned by the San
Francisco Office that subsequent violation of the Commission's Rules
could result in monetary forfeitures. On March 16, 2007, an
investigation by San Francisco agents revealed that the Campos had
modified their CB transmitter to operate on 27.675 MHz, a frequency
not authorized for CB use, and observed the Campos operating on 27.675
MHz. We find that the Campos' operated their CB radio station in
violation of the Rules, consequently, pursuant to Section 95.404 of
the Rules, the Campos' were not authorized to operate under Section
301 of the Act. Based on the evidence before us, we find that the
Campos' willfully violated Section 301 of the Act.
13. 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 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 of the
Rules, and the statutory factors to the instant case, we conclude that
the Campos' are apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
14. 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, Martha and Miguel Campos are
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.
15. 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, Martha S.and Miguel G.
Campos SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
16. 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.
17. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, San Francisco Office,
5653 Stoneridge Drive, Suite 105, Pleasanton, CA, 94588-8543 and must
include the NAL/Acct. No. referenced in the caption.
18. 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.
19. 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.
20. 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 Martha S. and Miguel G. Campos at
their address of record.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco Office
Western Region
Enforcement Bureau
47 U.S.C. S: 301.
47 U.S.C. S: 503(b).
47 C.F.R. S: 95.407.
47 C.F.R. S: 95.409.
47 C.F.R. S: 95.407.
47 C.F.R. S: 95.409.
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).
47 U.S.C. S: 301.
47 C.F.R. S: 95.404.
47 C.F.R. S: 95.425(c).
47 C.F.R. S: 95.409(b).
47 C.F.R. S: 95.407(a). The authorized frequencies for CB operation range
from 26.965 MHz (CB Channel 1) to 27.405 MHz (CB Channel 40).
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:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission