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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Klaus D. Kramer ) File No. EB-01-DL-0345
)
Oklahoma City, OK ) NAL/Acct. No. 200132500001
FORFEITURE ORDER
Adopted: November 8, 2001 Released: November 13,
2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of nine thousand five
hundred dollars ($9,500) to Klaus D. Kramer (``Mr. Kramer'')
for willful and repeated violations of Section 301 of the
Communications Act of 1934, as amended (``the Act'').1 The
noted violations involve Mr. Kramer's operation of a radio
station on Citizen's Band (``CB'') frequencies without
Commission authorization.
2. On July 13, 2001, the Commission's Dallas, Texas Field
Office (``Dallas Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of nine
thousand five hundred dollars ($9,500) to Mr. Kramer for the
noted violations.2 Mr. Kramer filed a response to the NAL on
August 14, 2001.
II. BACKGROUND
3. In February 2001, in response to a complaint of a CB
radio station operating with excessive power in Oklahoma City,
Oklahoma, the Dallas Office sent agents to investigate and
locate the source of the transmissions using direction finding
equipment. In the course of two days, the agents observed a
series of transmissions on CB channel 19, and traced the
source of one of the signals to Mr. Kramer's residence. The
agents traced the source of another one of the signals to a
multiple story building. The source of the last observed
signal was traced by the agents to Mike's Cycle Shop, a
business owned by Mr. Kramer. The agents conducted
inspections at the multiple story building and Mike's Cycle
Shop. The inspections revealed that Mr. Kramer violated
Section 301 of the Act by operating radio transmitters from
both locations without authorization. Mr. Kramer admitted to
making the transmissions at all three locations, and
voluntarily relinquished the equipment from the multiple story
building and Mike's Cycle Shop to the investigating agents.
On March 12, 2001, the Dallas Office issued two Notices of
Violation to Mr. Kramer. In response to the Notices of
Violation, Mr. Kramer acknowledged the violations, and
indicated that he would discontinue operating the station. In
March 1998 and October 1999, agents monitored and inspected
similar stations operated by Mr. Kramer. On each occasion,
Mr. Kramer voluntarily surrendered the equipment.
4. On July 13, 2001, the Dallas Office issued the
captioned NAL to Mr. Kramer for operating radio transmitters
without Commission authorization in willful and repeated
violation of Section 301 of the Act. In his response, Mr.
Kramer requests an explanation as to how the amount of the NAL
was determined, and contends that the forfeiture amount is
excessive. Mr. Kramer states that he sent a letter indicating
that he would discontinue operating the radio station
equipment, and has disposed of his equipment. According to
Mr. Kramer, the proposed forfeiture amount is unfair in light
of the other CB radio operators in the area.
III. DISCUSSION
5. As the NAL states, the forfeiture amount in this case
was assessed in accordance with Section 503(b) of the Act,3
Section 1.80 of the Commission's Rules (``the Rules''),4 and
The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999). In examining Mr. Kramer's response, Section
503(b) of the Act requires that the Commission take into
account the nature, circumstances, extent and gravity of the
violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay,
and other such matters as justice may require.5
6. Mr. Kramer does not dispute the finding in the NAL that
he committed the violation that led to the forfeiture. The
base forfeiture amount for each occurrence of unauthorized or
unlicensed operation is $10,000.6
7. We are not persuaded by Mr. Kramer's arguments that the
forfeiture amount is excessive and unfair. The Dallas Office
has received complaints regarding his operations.
Additionally, after inspections of similar operations by Mr.
Kramer on two separate occasions in March 1998 and October
1999, Mr. Kramer voluntarily surrendered the offending
equipment and on at least one occasion stated that the
violations would not be repeated. Nonetheless, our
investigation revealed that Mr. Kramer again violated our
rules in February 2001. Thus, imposition of a forfeiture in
at least the amount of $9,500 is warranted.7
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,8 Klaus D. Kramer IS LIABLE FOR A MONETARY
FORFEITURE in the amount of nine thousand five hundred dollars
($9,500) for operating radio transmitters without Commission
authorization in willful and repeated violation of Section 301
of the Act.
9. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of
the release of this Order. If the forfeiture is not paid
within the period specified, the case may be referred to the
Department of Justice for collection pursuant to Section
504(a) of the Act.9 Payment shall be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications
Commission, Forfeiture Collection Section, Finance Branch,
P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note the NAL/Acct. No. referenced above. Requests for
full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.10
10. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail, Return Receipt Requested, to Klaus
D. Kramer, 2212 SW 29th Street, Oklahoma City, Oklahoma 73119-
2118.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200132500001 (Enf. Bur., Dallas Office, released July 13, 2001).
3 47 U.S.C. § 503(b).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
6 See note to 47 C.F.R. § 1.80(b)(4).
7 Given our conclusion that a $9,500 forfeiture is
appropriate we need not address the details of why the Dallas
Office chose not to propose the full base amount here for Mr.
Kramer's third round of violations.
8 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.