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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of            )     File Number: EB-06-TP-212  
     Parker Construction, Inc.   )   NAL/Acct. No.: 200732700008  
     Panama City, FL             )               FRN: 0015414048  

                                FORFEITURE ORDER

   Adopted:  March 29, 2007  Released:  April 2, 2007

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Parker Construction,
       Inc. ("Parker"), for willful and repeated violation of Section 301 of
       the Communications Act of 1934, as amended ("Act"). The noted
       violation involves Parker's operation of radio transmitting equipment
       without a license.


    2. On August 10, 2006, in response to a complaint of unlicensed radio
       activity in Panama City, Florida, agents from the Commission's Tampa
       Office of the Enforcement Bureau ("Tampa Office") investigated the
       area and monitored several individuals discussing business activities
       on frequency 145.020 MHz. The agents used a mobile direction finding
       vehicle to locate the source of the radio transmissions to the
       Smurfit-Stone Mill in Panama City, Florida. The agents interviewed the
       owner and supervisor of construction for Parker, a subcontractor
       working at the Mill. They both admitted that they had been using the
       radio equipment to talk with their crew at the Mill and that they had
       been doing so for approximately three years. The agents inspected
       Parker's radio transmitters and observed that they were Icom IC-V8
       handheld radios set to channel 145.02. The power output was measured
       at 3.5 watts. These radios are designed to operate only on Amateur
       Radio Service ("ARS") frequencies for amateur radio licensee use.
       Based on the agents' testing and experience with this type of
       equipment, the agent concluded that the signals being broadcast
       exceeded the limits for operation under Part 15 of the Commission's
       Rules ("Rules"), and, therefore, required a license. The
       owner/supervisor for Parker admitted that Parker did not have a
       license from the Commission to operate the radio transmitters.

    3. On January 24, 2007, the Tampa Office issued a Notice of Apparent
       Liability for Forfeiture to Parker in the amount of ten thousand
       dollars ($10,000) for the apparent willful and repeated violation of
       Section 301 of the Act. Parker submitted a response to the NAL
       requesting a reduction or cancellation of the proposed forfeiture.


    4. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended,
       Section 1.80 of the Rules, 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) ("Forfeiture Policy Statement"). In examining
       Parker'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. 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. The Table of Frequency
       Allocations incorporated in Section 2.106 of the Rules states that
       144-146 MHz is allocated to the Amateur Band and is governed by Part
       97 of the Rules. ARS station apparatus must be under the physical
       control of a person named on an amateur radio license grant "before
       the station may transmit on any amateur service frequency ..." On
       August 10, 2006, Parker admitted that it had been operating amateur
       radio transmitters on frequency 145.020 MHz without an Amateur license
       that day and for approximately the past three years. Based on the
       evidence before us, we find that Parker  willfully and repeatedly
       violated Section 301 of the Act by operating radio transmitting
       equipment on 145.020 MHz without a Commission authorization.

    6. In its response to the NAL, Parker requests a reduction, because it
       didn't know that its ARS radios required a license and that it ceased
       using them immediately after the inspection. Parker states that it
       obtained a license in the Industrial/Business Pool service and
       purchased new radios on August 16, 2006. However, corrective action
       taken to come into compliance with the Rules after an inspection is
       expected, and does not nullify or mitigate any prior forfeitures or
       violations. Moreover, Parker need not have intended to violate the
       Rules for its violation to be willful.

    7. We have examined Parker's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Parker
       willfully and repeatedly violated Section 301 of the Act and that no
       reduction of the proposed $10,000 forfeiture is warranted.


    8. 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(f)(4) of the Commission's Rules, Parker Construction, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
       ($10,000) for 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission.\001 The payment must include the NAL/Acct.
       No. and FRN No. referenced above.\001 Payment by\001check or money
       order may be mailed to Federal Communications Commission, P.O.
       Box\001358340,\001Pittsburgh, PA 15251-8340.\001 Payment by overnight
       mail may be sent to\001Mellon Bank\001/LB\001358340,\001500 Ross
       Street, Room 1540670, Pittsburgh, PA 15251.\001\001 Payment by wire
       transfer may be made to ABA Number\001043000261, receiving
       bank\001Mellon Bank, and account number\001911-6106. Requests for full
       payment under an installment plan should be sent to: Associate
       Managing Director, Financial Operations, 445 12th Street, S.W., Room
       1A625, Washington, D.C. 20554.

   10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Parker
       Construction, Inc. at its address of record.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 U.S.C. S 301.

   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.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732700008
   (Enf. Bur., Tampa Office, January 24, 2007) ("NAL").

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

   47 C.F.R. S 1.80.

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

   47 C.F.R. S 2.106.

   47 C.F.R. S 97.5(a).

   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,' ... 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).

   The 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 312(f)(2).

   Parker also states that it spoke to Commission staff after it applied for
   its license, explained the situation, and thought that no further action
   against it was forthcoming. As part of the license application process,
   Commission staff contacted Parker and inquired into its past practices.
   Commission staff, at that time, however, made no assurances or statements
   regarding any enforcement actions.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

   47 U.S.C. SS 301, 503(b); 47 C.F.R. SSS 0.111, 0.311, 1.80(f)(4).

   47 U.S.C. S 504(a).

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-1486


   Federal Communications Commission DA 07-1486