Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of        File Number: EB-07-BS-164   
     John Doe                NAL/Acct. No: 200832260001  
     Jamaica Plain, MA       FRN: 0007823198             


   Adopted: October 31, 2008 Released: November 4, 2008

   By the Regional Director, Northeast Region, Enforcement Bureau:


    1. In this Order ("Order"), we cancel the proposed forfeiture and
       admonish John Doe ("Doe") for willfully and repeatedly violating
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating radio transmission equipment in Jamaica Plain,
       Massachusetts, on land mobile channels reserved exclusively for use by
       public safety entities.


    2. On October 22, 2007, the Boston Police Department reported by
       telephone to the Boston Office of the FCC's Enforcement Bureau that it
       was receiving interference to its radio communications system. Because
       the interference was intermittent, the Telecommunications Director
       advised the Boston Office that he would provide additional information
       so that agents would know the best time of day to try to locate the
       interfering signal with FCC direction finding equipment.

    3. On October 25, 2007, the Telecommunications Director contacted the
       Boston Office and reported that, on October 24, 2007, police officers
       had arrested Doe, who admitted to operating on police radio channels.
       According to the police reports submitted to the Boston Office, Doe
       admitted at the time of his arrest on October 24, 2007, to purchasing
       the radios in April 2007 and providing the radio vendors with Boston
       Police radio codes so that the radios could be programmed with those
       channels. Doe stated to police on October 24, 2007, that he had
       discovered that his transmissions were disrupting police radio
       communications three days prior, i.e., beginning on October 21, 2007.
       At the time of the arrest, police confiscated two radios, a Yaesu
       radio transceiver and a Motorola two-way handheld radio transceiver.

    4. On October 25, 2007, an agent with the FCC's Boston Office met with
       Boston police and examined the radios confiscated from Doe. The agent
       confirmed that the radios were programmed with Boston Police radio
       Channel 4, as well as Channel 1. The agent also determined that the
       Yaesu transceiver was capable of emitting  a tone that measures
       approximately 1740 Hz.  This type of tone is not typically found on
       public safety radios and can be easily identified when monitoring
       radio transmissions.

    5. On November 20, 2007, the Boston Police Department submitted a log
       showing the dates and times the police radio system received
       interference from a radio transceiver that was emitting a tone similar
       to the tone that Doe's Yaesu transmitter emits. Specifically, the log
       shows that, during the three day period during which Die admits to
       knowingly operating on police Channel 4, i.e., October 21, 2007 to
       October 24, 2007, there were seven instances in which normal police
       transmissions were interrupted by a tone similar to the tone the Yaesu
       transmitter emits.

    6. On November 27, 2007, the Boston Field Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") to Doe in the amount of
       $10,000 for operating radio transmitting equipment on land mobile
       channels reserved exclusively for use by public safety entities. In
       his response to the NAL, Doe does not dispute the findings, but
       requests a cancellation of the forfeiture based on his inability to


    7. The proposed forfeiture amount 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 and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
       Policy Statement"). In examining Doe's response to the NAL and his
       statement of income, 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.

    8. After examining the financial documentation submitted by Doe, we
       conclude that cancellation of the forfeiture is warranted, based
       solely on his lack of income. Because of the seriousness of the
       violation, however, we admonish Doe for his willful and repeated
       violation of Section 301 of the Act.


    9. 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, that the Notice of Apparent
       Liability for Forfeiture issued to John Doe for violation of Section
       301 of the Act IS HEREBY CANCELLED.

   10. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of
       Section 301 of the Act.

   11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to John Doe at his
       address of record.


   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   Name redacted due to age of individual.

   47 U.S.C. S: 301.

   Doe was arrested on charges unrelated to his operation on police radio

   The police report submitted to the Boston Office is in the form of a
   memorandum from Sergeant Detective Robert Kjersgard, #11621, to Captain
   Christine Michalosky, Area E-13 Commander, dated October 29, 2007 (CC #
   070598288). The police report also indicated that another individual
   interviewed by police officers admitted to being with Doe on October 24,
   2007, and observed Doe communicating on a hand-held radio with a Boston
   Police dispatcher.

   The agent also observed that the radios were programmed with many other
   channels that are not authorized for private use, e.g., police detective
   channels, fire department channels, and housing authority channels.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832260001
   (Enf. Bur., Boston Office, rel. November 27, 2007).

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

   47 C.F.R. S: 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   Because Doe has not filed federal income tax returns, Bureau staff
   requested that Doe submit a signed statement of income.

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

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

   Federal Communications Commission DA 08-2449


   Federal Communications Commission DA 08-2449