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Before the
Federal Communications Commission
Washington, D.C. 20554
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)
)
In the Matter of File Number: EB-07-TP-183
)
John Doe [Name Redacted] NAL/Acct. No:200832700016
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Largo, FL FRN: 0017350919
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)
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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
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Federal Communications Commission