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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Scott E. Kamm ) File No.: EB-02-KC-807
Licensee of Amateur Station )
N0UGN ) NAL/Acct. No. 200332560008
) FRN 0006-5376-58
Sioux City, Iowa
MEMORANDUM OPINION AND ORDER
Adopted: September 7, 2004 Released:
September 10, 2004
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
grant a June 6, 2003 petition for reconsideration (``petition'')
filed by Scott E. Kamm, licensee of amateur radio station N0UGN,
Sioux City, Iowa, to the extent indicated herein. Mr. Kamm seeks
reconsideration of a May 7, 2003 Forfeiture Order,1 in which the
Enforcement Bureau imposed upon him a monetary forfeiture in the
amount of twelve thousand dollars ($12,000) for willfully
violating Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the
Commission's Rules (``Rules'').2 The noted violations involve
Mr. Kamm's intentional interference to communications on Amateur
Radio Service frequency 146.31 MHz, transmission of music on his
amateur station, and failure to identify his amateur station by
call sign.
2. In support of his petition, Mr. Kamm offers to
immediately withdraw his pending application for renewal of his
license for amateur radio station N0UGN,3 and to refrain from
applying for any other license for a period of five years.4
Accordingly, we conclude that cancellation of the $12,000
forfeiture is warranted. Mr. Kamm's license application
withdrawal will be processed by WTB concurrently with this Order.
3. Accordingly, IT IS ORDERED that, pursuant to Section
405 of the Act5 and Section 1.106 of the Rules,6 Mr. Kamm's
petition for reconsideration of the June 6, 2003, Forfeiture
Order IS GRANTED to the extent indicated herein.
4. IT IS FURTHER ORDERED that, pursuant to Sections 0.111,
0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount
of twelve thousand dollars ($12,000) assessed in the Forfeiture
Order issued to Scott E. Kamm IS CANCELLED.
5. IT IS FURTHER ORDERED THAT a copy of this Order shall
be sent by first class mail and certified mail, return receipt
requested, to Mr. Scott E. Kamm at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Scott E. Kamm, 18 FCC Rcd. 9379 (Enf. Bur. 2003).
2 47 C.F.R. §§ 97.101(d), 97.113(a)(4) and 97.119(a).
3 On August 20, 2002, Mr. Kamm's application for renewal of
amateur radio station license N0UGN was granted. However, on
September 12, 2002, the Wireless Telecommunications Bureau
(``WTB''), on its own motion, set aside the grant of the renewal
of Mr. Kamm's license, thereby reverting the underlying
application to pending status.
4 See Kornwell Chan, 16 FCC Rcd 14893 (Enf. Bur. 2001) (proposed
monetary forfeiture to amateur radio station for willful and
malicious interference with radio communications, transmitting
music on amateur radio frequencies, and transmitting unidentified
communications was cancelled after licensee relinquished that
license and agreed to refrain from reapplying for a license for
an established time period).
5 47 U.S.C. § 405.
6 47 C.F.R. § 1.106.
7 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4).