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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of              )                               
                                       File No. EB-06-SE-388       
     Richard Mann d/b/a            )                               
                                       NAL/Acct. No. 200732100016  
     The Antique Radio Collector   )                               
                                       FRN # 0016215626            
     Toledo, OH                    )                               


   Adopted: March  13, 2007 Released:  March  15, 2007

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Richard Mann d/b/a The Antique Radio Collector apparently liable for a
       forfeiture in the amount of seven thousand dollars ($7,000) for
       willful and repeated violation of Section 302(b) of the Communications
       Act of 1934, as amended ("Act"), and Section 2.803(a)(1) of the
       Commission's Rules ("Rules"). The noted apparent violations involve
       marketing of uncertified AM radio transmitters.

   II. background

    2. On November 15, 2006, the Spectrum Enforcement Division of the
       Enforcement Bureau issued a Letter of Inquiry ("LOI") to The Antique
       Radio Collector in response to a complaint alleging that The Antique
       Radio Collector was marketing in the United States fully-assembled AM
       transmitters; specifically, the SSTRAN model AMT3000 AM transmitter.
       In its LOI response dated November 25, 2006, The Antique Radio
       Collector indicated that it was not aware of a certification
       authorizing a fully assembled AMT3000 transmitter. The response
       indicated that Mr. Mann purchased the transmitters in kit form from a
       third party and assembled the transmitters in his residence. Mr. Mann
       advertised the assembled transmitters for sale online at
       [1] Mr. Mann has sold a number of completed units
       to end users since December 2003.

   III. discussion

    3. Section 302(b) of the Act provides that "[n]o person shall
       manufacture, import, sell, offer for sale, or ship devices or home
       electronic equipment and systems, or use devices, which fail to comply
       with regulations promulgated pursuant to this section." Section
       2.803(a)(1) of the Commission's implementing regulations provides in
       pertinent part that:

   Except as provided elsewhere in this section, no person shall sell or
   lease, or offer for sale or lease (including advertising  for sale or
   lease), or import, ship, or distribute for the purpose of selling or
   leasing or offering for sale or lease, any radiofrequency device unless
   ... [i]n the case of a device subject to certification, such device has
   been authorized by the Commission in accordance with the rules in this
   chapter and is properly identified and labeled as required by S 2.925 and
   other relevant sections in this chapter.

    4. Pursuant to Section 15.201(b) of the Rules, intentional radiators
       operating under the provisions of Part 15 of the Rules must be
       certificated by the Commission prior to marketing. We note that
       "kits," as defined in Section 15.3(p) of the Rules, generally are not
       subject to the equipment authorization requirements. By contrast,
       fully assembled transmitters, such as the SSTRAN AMT3000 transmitters
       marketed by The Antique Radio Collector, are intentional radiators
       subject to the certification requirement. Mr. Mann concedes that he
       assembled SSTRAN AMT3000 transmitters and advertised and sold the
       devices. As the assembler of the device, Mr. Mann was responsible for
       obtaining an equipment certification prior to marketing. Mr. Mann
       admits, however, that there is no certification for these devices.
       Therefore, we find that The Antique Radio Collector apparently
       willfully and repeatedly violated Section 302(b) of the Act and
       Section 2.803(a)(1) of the Rules by marketing an intentional radiator
       prior to obtaining Commission equipment certification.

    5. Section 503(b)(1) of the Act and Section 1.80(a)(1) of the Rules
       authorize the Commission to assess a forfeiture for each willful or
       repeated violation of the Act or of any rule, regulation, or order
       issued by the Commission under the Act. In determining the appropriate
       forfeiture amount, Section 503(b)(2)(E) of the Act directs us to
       consider factors, such as "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
       such other matters as justice may require."

    6. Under Section 1.80 of the Rules, the Commission has established a base
       forfeiture amount of $7,000 for the marketing of unauthorized
       equipment. In this case, we note that The Antique Radio Collector
       marketed one model of an unauthorized intentional radiator.
       Accordingly, we find that The Antique Radio Collector is apparently
       liable for a $7,000 forfeiture.


    7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
       503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,
       Richard Mann d/b/a The Antique Radio Collector IS hereby NOTIFIED of
       its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
       thousand dollars ($7,000) for willfully and repeatedly violating
       Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.

    8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Richard Mann d/b/a The Antique Radio
       Collector SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

    9. 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/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank/LB358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   10. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   11. 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; 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.

   12. Requests for payment of the full amount of this NAL under an
       installment plan should be sent to: Associate Managing
       Director--Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C. 20554.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by first class mail and certified mail
       return receipt requested to Richard Mann d/b/a The Antique Radio
       Collector, 4231 Willys Parkway, Toledo, OH 43612.


   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S 302a(b).

   47 C.F.R. S 2.803(a)(1).

   Letter from Kathy Berthot, Deputy Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Richard Mann, Antique Radio Collector (November 15,

   Letter from Richard Mann d/b/a The Antique Radio Collector, to Neal
   McNeil, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (November 25, 2006).

   47 C.F.R. S 2.801 defines a radiofrequency device as "any device which in
   it its operation is capable of emitting radiofrequency energy by
   radiation, conduction, or other means."

   47 C.F.R. S 15.201(b).

   The term "kit" is defined in Section 15.3(p) as "[a]ny number of
   electronic parts, usually provided with a schematic diagram or printed
   circuit board, which, when assembled in accordance with instructions,
   results in a device subject to the regulations in this Part, even if
   additional parts of any type are required to complete assembly." 47 C.F.R.
   S 15.3(p).

   But see 47 C.F.R. S15.25 (specifying equipment authorization requirements
   for TV interface devices marketed as kits).

   The term "willful," as used in Section 503(b) of the Act, means the
   conscious and deliberate commission or omission of such act, irrespective
   of any intent to violate the Commission's Rules. 47 U.S.C. S 312(f)(1).

   A violation is "repeated" within the meaning of Section 503(b) of the Act
   if it occurs more than once or continues for more than one day. 47 U.S.C.
   S 312(f)(2).

   47 U.S.C. S 503(b)(1); 47 C.F.R. S 1.80(a)(1).

   47 U.S.C. S 503(b)(2)(E).

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

   47 C.F.R. SS 0.111, 0.311 and 1.80.

   See 47 C.F.R. S 1.1914.

   (Continued from previous page)


   Federal Communications Commission DA 07-1271


   Federal Communications Commission DA 07-1271


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