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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) EB-08-AT-0212
Dale Lloyd Allred ) NAL/Acct. No.200932480001
Tunnel Hill, Georgia ) FRN 0018065417
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 16, 2008
By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Dale Lloyd Allred of Tunnel Hill, Georgia, apparently willfully
and repeatedly violated Sections 301 and 333 of the Communications Act
of 1934, as amended ("Act") by operating an unlicensed transmitter on
the frequency 157.5675 MHz, in Dalton, Georgia and interfering with
licensed radio communications. We conclude, pursuant to Section 503(b)
of the Act, that Mr. Allred is apparently liable for a forfeiture in
the amount of seventeen thousand dollars ($17,000).
II. BACKGROUND
2. On August 8, 2008, in response to several complaints of interference
to school bus radio operations from Dalton Communications, Inc.,
licensee with call sign WQFN711 ("Dalton Communications"), agents from
the Commission's Atlanta Office of the Enforcement Bureau ("Atlanta
Office") monitored the frequency 157.5675 MHz in Dalton, Georgia and
observed repeated radio transmissions being transmitted directly on
top of school bus transmissions, often disrupting the school bus radio
transmissions. The agents, using a mobile direction-finding vehicle,
identified the location of the interfering radio transmissions as the
office and radio shop for Tri-County Communications ("TCC Shop").
3. On that same day, the agents from the Atlanta Office conducted an
inspection of radio equipment at the TCC Shop and interviewed TCC
Shop's chief executive officer, Mr. Allred, who admitted that he had
intentionally operated a radio transmitter on 157.5675 MHz to cause
the interference. Mr. Allred also stated that he had transmitted on
157.5675 MHz on other days during the summer months. Mr. Allred
explained that he was interfering with Dalton Communications'
transmissions, because Dalton Communications had taken the school bus
communications contract away from his company. Mr. Allred identified
the handheld Kenwood model transceiver that he used to transmit on
157.5675 MHz, and the agents performed a test transmission verifying
that the unit operated on 157.5675 MHz.
4. According to the manufacturer, Kenwood only manufactures hand-held
transceivers for operation under Parts 90, 97, and 95 of the
Commission's Rules ("Rules"). Accordingly, use of the Kenwood
transceiver to operate on 157.5675 MHz exceeded the limits for
operation under Part 15 of the Rules and therefore required a license.
A search of the Commission's databases revealed no authorization to
operate on 157.5675 MHz from the TCC Shop. Indeed, Dalton
Communications is the only licensee authorized to operate on 157.5675
MHz in Dalton, GA.
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 states that "[n]o person shall use or operate
any apparatus for the transmission of energy or communications or
signals by radio ... except under and in accordance with this Act and
with a license in that behalf granted under the provisions of this
Act." On August 8, 2008, agents from the Atlanta Office, using
direction finding techniques, determined that a transmission on
157.5675 MHz emanated from the TCC Shop in Dalton, GA. The agents
interviewed Mr. Allred, who admitted that he had intentionally
transmitted on that frequency on several days over the course of the
summer. Mr. Allred showed the agents his handheld transceiver, which
was capable of operating on 157.5675 MHz.
7. Section 333 of the Act states that "[n]o person shall willfully or
maliciously interfere with or cause interference to any radio
communications of any station licensed ... under this Act." The
Atlanta Office received several complaints from Dalton Communications
that someone was interfering with its licensed communications on
157.5675 MHz. On August 8, 2008, agents from the Atlanta Office
observed key clicks and DTMF tones disrupting school bus
communications on 157.5675 MHz. On August 8, 2008, agents from the
Atlanta Office determined that the interfering transmissions on
157.5675 were emanating from the TCC Shop in Dalton, GA. On August 8,
2008, Mr. Allred admitted to operating a handheld transceiver on
157.5675 MHz to interfere with Dalton Communications' licensed
transmissions. Mr. Allred stated that he had done so on several days
over the course of the summer.
8. Based on the evidence before us, we find that Mr. Allred apparently
willfully and repeatedly violated Sections 301 and 333 of the Act by
operating an unlicensed radio transmitter and interfering with
licensed radio communications.
9. 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 for interference is $7,000. 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 Mr. Allred is apparently liable for a
$17,000 forfeiture.
IV. ORDERING CLAUSES
10. 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, Dale Lloyd Allred is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
seventeen thousand dollars ($17,000) for violation of Sections 301 and
333 of the Act.
11. 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, Dale Lloyd Allred SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
12. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the 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 by wire transfer may be made to ABA Number
021030004, receiving bank Federal Reserve Bank of New York, 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. 20554.8 If you have
questions, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Mr.
Allred will send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
13. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Atlanta Office,
3575 Koger Blvd., Suite 320, Duluth, GA 30096 and must include the
NAL/Acct. No. referenced in the caption.
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 Dale Lloyd Allred at his address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
Atlanta Office
South Central Region
Enforcement Bureau
47 U.S.C S:S: 301, 333.
47 U.S.C. S: 503(b).
The interfering transmissions were brief microphone key "clicks"
immediately followed by a series of DTMF tones.
Section 15.209 of the Rules provides that non-licensed broadcasting in the
88-216 MHz band is permitted only if the field strength of the
transmission does not exceed 150 mV/m at three meters. 47 C.F.R. S:
15.209. Mr. Allred's transmissions triggered Dalton Communications'
repeater, which was located 3.7 miles away from the TCC Shop. Devices
compliant with Part 15 typically have a range far less than this distance.
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."
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: 503(b), 301, 333, 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
8 See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
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Federal Communications Commission