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       File Number: EB-07-TP-183  
                        )                              
     John Doe [Name Redacted]  NAL/Acct. No:200832700016  
                        )                              
     Largo, FL              FRN: 0017350919            
                        )                              
                                                       
                        )                              
                                                       
                        )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: April 30, 2008

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that John Doe apparently willfully and repeatedly violated Sections
       301 and 325 of the Communications Act of 1934, as amended ("Act"), by
       operating radio transmission equipment without a license in Largo,
       Florida, on the International Distress, Safety and Calling Channel and
       transmitting false signals of distress. We conclude, pursuant to
       Section 503(b) of the Act, that Mr. Doe is apparently liable for a
       forfeiture in the amount of eighteen thousand dollars ($18,000).

   II. BACKGROUND

    2. On August 23 and 24, 2007, the Commission's Tampa Office of the
       Enforcement Bureau ("Tampa Office") received complaints from the
       United States Coast Guard ("USCG") St. Petersburg Sector regarding
       interference and false distress/mayday calls they had been receiving
       on channels 16 (156.800 MHz) since August 13, 2007. The USCG stated
       they had dispatched ships and aircraft to search for the caller in
       response to several of these false distress calls. On at least one of
       these calls, the USCG stated the caller identified his location as an
       area in close proximity to where he was eventually apprehended.

    3. On August 24, 2007, the USCG contacted an agent from the Tampa Office,
       who was en route to locate the source of the false distress calls, and
       stated they had used direction finding techniques to determine that
       the false distress calls were emanating from a location in or near a
       mobile home community in Largo, Florida. The USCG also stated that the
       Largo Police Department had just apprehended and were taking into
       custody a student, who lived in this mobile home community and who had
       several radios, including a marine radio, in his bedroom rigged to a
       12 volt marine battery and whip antenna.

    4. On August 24, 2007, Mr. Doe confessed to an officer with the Largo
       Police Department that he stole a marine radio from a boat and used it
       to make five false distress/mayday calls to the USCG from his bedroom.
       The Largo Police Department arrested Mr. Doe on this date on charges
       unrelated to the false distress calls and confiscated one marine
       radio, two CB radios, and a marine battery from Mr. Doe's bedroom and
       a whip antenna from outside his bedroom window. According to
       Commission records, Mr. Doe does not hold a license to operate a
       marine radio on land. On August 30, 2007, agents from the Tampa Office
       confirmed that the marine radio confiscated from Mr. Doe's bedroom
       could in fact operate on channel 16 (156.800 MHz).

   III. DISCUSSION

    5. 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) of the Act 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.

    6. 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. Section 80.13 of the Rules
       states that, except for ship stations, stations in the maritime
       service must be licensed by the FCC either individually or by fleet.
       According to USCG transmission logs, between August 13 and August 23,
       2007, five false distress calls and several unauthorized
       communications were made to the USCG on channel 16 (156.800 MHz), the
       International Distress, Safety and Calling Channel. On August 24,
       2007, using direction finding techniques, the USCG identified the
       source of the transmissions to Mr. Doe's neighborhood. On August 24,
       2007, Mr. Doe admitted to a Largo Police Officer that he operated a
       radio from his bedroom on several occasions between August 13 and
       August 23, 2007. On August 24, 2007, the Largo Police found and
       confiscated a marine radio that had been inside Mr. Doe's bedroom,
       that was later determined capable of operating on channel 16, and an
       antenna just outside of his bedroom. According to Commission records,
       Mr. Doe does not hold a license to operate a marine radio on land.
       Based on the evidence before us, we find that Mr. Doe apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission apparatus without a license.

    7. Section 325(a) of the Act states that no person within the
       jurisdiction of the United States shall knowingly utter or transmit
       any false or fraudulent signals of distress. Section 80.334 of the
       Rules states that a distress alert is false if it was transmitted
       without any indication that a mobile unit or person was in distress
       and required immediate assistance. According to USCG transmission
       logs, between August 13 and August 23, 2007, five false distress calls
       were made to the USCG on channel 16 (156.800 MHz), the International
       Distress, Safety and Calling Channel. The USCG dispatched ships and
       aircraft on several of the false distress calls, thus putting the
       pilots and crew of the search and rescue vessels at risk and
       potentially diverting resources from responding to an actual emergency
       had one occurred during the time the ships and aircraft were
       responding to the false distress calls. On August 24, 2007, using
       direction finding techniques, the USCG identified the source of the
       false distress calls to Mr. Doe's neighborhood. On August 24, 2007,
       Mr. Doe admitted to a Largo Police Officer that he made five false
       distress calls from his bedroom to the USCG. On August 24, 2007, the
       Largo Police found and confiscated a marine radio that had been inside
       Mr. Doe's bedroom, that was later determined capable of operating on
       channel 16, and an antenna just outside of his bedroom. Based on the
       evidence before us, we find that Mr. Doe apparently willfully and
       repeatedly violated Section 325 of the Act by making false distress
       calls to the USCG.

    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 and the base forfeiture for violation of
       false distress communications is $8,000. 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, we conclude that a $18,000
       forfeiture is warranted.

   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, John Doe is hereby NOTIFIED of this
       APPARENT LIABILITY FOR A FORFEITURE in the amount of eighteen thousand
       dollars ($18,000) for violation of Sections 301 and 325 of the Act.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, John Doe 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. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Ave., Suite 1215, Tampa Florida, 33607, within thirty
       (30) days from the release date of this Notice of Apparent Liability
       for Forfeiture 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. 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 John Doe at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   Name redacted due to age of individual.

   47 U.S.C. S:S: 301, 325.

   The frequency 156.800 MHz, channel 16, is the international distress,
   safety and calling channel. See 47 C.F.R. S: 80.369(e)(3).

   47 U.S.C. S: 503(b).

   The USCG also mentioned that they had received interference on channels 21
   and 22a.

   The USCG maintains an aural watch on channel 16 to, among other things,
   respond to distress calls.

   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. 156.7-156.9 MHz is a restricted band for purposes of
   Part 15 of the Rules. Thus, under no circumstances may non-licensed Part
   15 devices operate on this band. See 47 C.F.R. S: 15.205(a).

   47 C.F.R. S: 80.13(a).

   47 U.S.C. S: 325(a).

   47 C.F.R. S: 80.334.

   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 C.F.R. S:S: 0.111, 0.311, 47 U.S.C. S:S: 301, 325.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission