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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                               
     In the Matter of                                               
                                    )   File No. EB-07-SE-113       
     Liam Patrick Ryan d/b/a                                        
                                    )   NAL/Acct. No. 200832100006  
     L. P. Ryan / Low Power Radio                                   
                                    )   FRN # 0017105370            
     St. Louis, Missouri                                            
                                    )                               


   FORFEITURE ORDER

   Adopted: June 3, 2008 Released: June 5, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of six hundred ten dollars ($610) to Liam Patrick Ryan
       d/b/a L. P. Ryan / Low Power Radio ("Low Power Radio") for the 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 violation involves Low Power Radio's
       marketing of uncertified AM radio transmitters.

   II. BACKGROUND

    2. On May 30, 2007, the Spectrum Enforcement Division ("Division") of the
       Enforcement Bureau issued a Letter of Inquiry ("LOI") to Low Power
       Radio in response to information alleging that Low Power Radio was
       marketing in the United States fully-assembled AM transmitters;
       specifically, the SSTRAN model AMT3000 AM transmitter ("AMT3000 AM
       transmitter"). In its response to the LOI, Liam Patrick Ryan, owner
       and operator of Low Power Radio, stated that he was not aware of any
       certification authorizing a fully assembled AMT3000 AM transmitter.
       Mr. Ryan also affirmed that he purchased the transmitters in kit form
       from a third party and assembled the transmitters in his residence.
       Additionally, Low Power Radio advertised the assembled transmitters
       for sale on its website at www.ontheair3.com, and admitted to selling
       completed units to customers.

    3. On November 13, 2007, the Division released a Notice of Apparent
       Liability for Forfeiture ("NAL") finding that Low Power Radio marketed
       uncertified AM radio transmitters in apparent willful and repeated
       violation of Section 302(b) of the Act and Section 2.803(a)(1) of the
       Rules. The NAL proposed a forfeiture amount of seven thousand dollars
       ($7,000) for the apparent violation.

    4. On January 7, 2008, the Commission received Low Power Radio's December
       10, 2007 response to the NAL. In response to the NAL, Mr. Ryan does
       not dispute that Low Power Radio marketed uncertified AM radio
       transmitters. Instead, Mr. Ryan seeks cancellation of the proposed
       forfeiture for inability to pay, stating that he lives on a fixed
       income and is disabled. In support of his claim of inability to pay,
       on February 19, 2008, Mr. Ryan submitted financial documentation for
       the years 2007, 2006 and 2005.

   III. Discussion

    5. The forfeiture amount proposed in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and the
       Commission's Forfeiture Policy Statement. In assessing forfeitures,
       Section 503(b)(2)(E) of the Act requires that we 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 such other matters as justice may
       require.

    6. 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 Rules prohibits the sale or lease, offer of sale or
       lease, importation, or shipment of radio frequency devices, as well as
       the distribution of such devices for the purpose of selling such
       devices, unless, in the case of a device subject to certification, the
       device has first been properly authorized, identified and labeled in
       accordance with the Rules. Section 2.801 of the Rules defines a radio
       frequency device as "any device which in its operation is capable of
       emitting radio frequency energy ...." Radio frequency devices subject
       to the Rules include, among other items, radio communication
       transmitting devices and "[a]ny part or component thereof which in use
       emits radiofrequency energy...." Section 15.201(b) of the Rules
       requires intentional radiators to be certified by the Commission prior
       to marketing.

    7. We have found that Section 302(b) of the Act and Section 2.803(a)(1)
       of the Rules prohibit the marketing of an unauthorized device
       assembled from a kit. We note that in its response to the NAL, Low
       Power Radio does not dispute that it violated Section 302(b) or
       Section 2.803(a)(1) by marketing unauthorized devices assembled from
       kits. Therefore, we conclude that Low Power Radio willfully and
       repeatedly violated Section 302(b) of the Act and Section 2.803(a)(1)
       of the Rules.

    8. Under the Forfeiture Policy Statement and Section 1.80(b)(4) of the
       Rules, inability to pay is a downward adjustment factor for Section
       503 forfeitures. In analyzing economic hardship claims, the Commission
       generally looks to gross revenues from the three most recent tax years
       as a reasonable and appropriate yardstick to determine ability to pay
       assessed forfeitures. Thus 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 petitioners
       current financial status.

    9. We have considered Low Power Radio's response to the NAL and its
       request for cancellation of the forfeiture amount due to inability to
       pay. Based upon the documentation, we believe that a downward
       adjustment of the forfeiture amount is appropriate in this case and
       that the proposed $7,000 forfeiture would impose a financial hardship
       on Mr. Ryan. Therefore, we conclude that a reduction of the proposed
       forfeiture amount to $610 is warranted.

   10. Finally, we note that Low Power Radio is apparently continuing to
       assemble and market uncertified equipment on its website,
       www.ontheair3.com. Specifically, on May 2, 2008, Division staff
       observed that Low Power Radio was marketing on its website a
       completely "Assembled" SSTRAN AMT3000 AM Transmitter Kit for $159.95.
       The website notes that the assembled device is "for use outside of
       North America." Section 2.807(b) exempts devices "manufactured solely
       for export" from the prohibition on marketing of unauthorized
       equipment set forth in Section 2.803(a) of the Rules;  however, this
       exemption only applies to devices that the manufacturer actually
       exports. Thus, Low Power Radio cannot simply rely upon the purchaser
       to export the device. To the extent that Low Power Radio is not
       directly exporting the "Assembled" SSTRAN AMT3000 AM Transmitter Kit
       (i.e., shipping the device to an address outside of the United
       States), we caution it that its continued marketing of such
       uncertified devices is a violation that will lead to additional
       forfeiture penalties. Additionally, Division staff observed that Low
       Power Radio also was marketing on its website a "Simplified" SSTRAN
       AMT3000 AM Transmitter Kit for $149.95. The website indicates that
       when purchasing a simplified device, "you need just a small
       screwdriver to install the knobs and screws. That's it. The rest is
       done for you. No other skills or special tools required!" Thus, it
       appears that Low Power Radio is attempting to circumvent the
       prohibition on the marketing of uncertified equipment in the United
       States by fully assembling the "kit," except for the final step of
       installing "the knobs and screws." The "Simplified Kit" which merely
       requires installation of "the knobs and screws" is not a "kit" within
       the meaning of Section 15.3(p) of the Rules, and we caution Low Power
       Radio that its continued marketing of such uncertified devices is a
       violation that will lead to additional forfeiture penalties. In
       addition, we direct Low Power Radio to submit a report within 30 days
       of the release of this Order certifying that it has ceased all
       marketing of the AMT3000 AM "Assembled" and "Simplified" transmitter
       kits, except to the extent that it is directly exporting these
       devices.

   IV. ORDERING CLAUSES

   11. 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, Liam
       Patrick Ryan d/b/a L.P. Ryan / Low Power Radio IS LIABLE FOR A
       MONETARY FORFEITURE in the amount of six hundred ten dollars ($610)
       for willful and repeated violation of Section 302(b) of the Act and
       Section 2.803(a)(1) of the Rules.

   12. 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/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 TREAS/NYC, 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. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Liam Patrick Ryan d/b/a L. P. Ryan / Low
       Power Radio will also send electronic notification on the date said
       payment is made to Jacqueline Johnson at Jacqui.Johnson@fcc.gov and to
       JoAnn Lucanik at JoAnn.Lucanik@fcc.gov.

   13. IT IS ALSO ORDERED that Liam Patrick Ryan d/b/a L.P. Ryan / Low Power
       Radio IS hereby DIRECTED to submit the report described in paragraph
       10 within 30 days of the release of this Order.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Liam Patrick Ryan
       d/b/a L.P. Ryan / Low Power Radio, 3448 Evergreen Lane, St. Louis,
       Missouri 63125.

   FEDERAL COMMUNICATIONS COMMISSION

   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 Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to L. P. Ryan, Low Power Radio (May 30, 2007).

   Letter from Liam Patrick Ryan d/b/a L. P. Ryan / Low Power Radio to
   Jacqueline Johnson, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission (received July 2, 2007).

   Liam Patrick Ryan d/b/a L.P. Ryan / Low Power Radio, Notice of Apparent
   Liability for Forfeiture, 22 FCC Rcd 19783 (Enf. Bur., Spectrum Enf. Div.
   2007) ("NAL").

   Letter dated December 10, 2007 from Liam Patrick Ryan to Office of the
   Secretary, Federal Communications Commission, Enforcement Bureau, Spectrum
   Enforcement Division (January 7, 2008).

   Letter dated February 10, 2008, from Liam Patrick Ryan to Office of the
   Secretary, Federal Communications Commission, Enforcement Bureau, Spectrum
   Enforcement Division (February 19, 2008).

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   See 47 C.F.R. S: 2.801.

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

   Under Section 15.3(o) of the Rules, 47 C.F.R. S: 15.3 (o), an intentional
   radiator is "[a] device that intentionally generates and emits radio
   frequency energy by radiation or induction."

   See Leslie D. Brewer, Forfeiture Order, 15 FCC Rcd 9999 (Enf. Bur. 2000)
   (the sale and shipment of an assembled, unauthorized kit violates Section
   302(b) of the Act and Sections 2.803(a)(1) and 15.201(b) of the Rules).
   See also Richard Mann d/b/a The Antique Radio Collector, Forfeiture Order,
   22 FCC Rcd 20516 (Enf. Bur., Spectrum Enf. Div. 2007), recon. denied, 23
   FCC Rcd 6920 (Enf. Bur. 2008); Ramsey Electronics Inc., Notice of Apparent
   Liability, 21 FCC Rcd 458 (Enf. Bur., Spectrum Enf. Div. 2006); CB Shack
   500 Alabama Highway, Forfeiture Order, 14 FCC Rcd 7067 (Compl. & Inf. Bur.
   1999), recon. denied,15 FCC Rcd 821 (Enf. Bur. 2000).

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-765, 51
   (Conf. Rep.), and the Commission has so interpreted the terms in the
   Section 503(b) context. See Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387-88 (1991), recon.
   denied, 7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(1) of the Act defines "repeated" as "the commission or
   omission of [any] act more than once or, if such commission or omission is
   continuous, for more than one day." 47 U.S.C. S: 312(f)(1). See also
   Southern California, 6 FCC Rcd at 4388 (applying this definition of
   repeated to Sections 312 and 503(b) of the Act).

   See 47 C.F.R. S: 1.80; 47 U.S.C. S: 503.

   See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
   FCC Rcd 2088, 2089 (1992) ("PJB Communications"); see also Forfeiture
   Policy Statement, 12 FCC Rcd at 17106-07.

   See PJB Communications, 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed
   excessive where it represented approximately 2.02 percent of the
   violator's gross revenues); Local Long Distance, Inc., 15 FCC Rcd 24385,
   24389 P: 11  (2000), recon. denied, 16 FCC Rcd 10023, 10025 P: 6 (2001)
   (forfeiture not deemed excessive where it represented approximately 7.9
   percent of the violator's gross revenues); Hoosier Broadcasting
   Corporation, 14 FCC Rcd 3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640,
   8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues). A
   $610 forfeiture represents a percentage of gross income that falls within
   the range that has been found acceptable in these prior cases.

   47 CFR 2.807(b).

   See Gibson Tech Ed, Inc., Notice of Apparent Liability for Forfeiture, 20
   FCC Rcd 14438, 14440 (Enf. Bur., Spectrum Enf. Div. 2005); forfeiture
   ordered, 21 FCC Rcd 2915 (Enf. Bur., Spectrum Enf. Div. 2006); recon.
   denied, 21 FCC Rcd 9642 (Enf. Bur., Spectrum Enf. Div. 2006).

   Id.

   See 47 C.F.R. S: 15.3(p). Section 15.3(p) of the Rules defines a "kit" 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:S: 0.111, 0.311, 1.80(f)(4).

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 08-1299

   1

   Federal Communications Commission DA 07-