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 No.: EB-10-MA-0207      
     John E. Criteser, Jr.   )   NAL/Acct. No.: 201232600002  
     Lake Park, Florida      )   FRN: 0016075715              


   Adopted: October 21, 2011 Released: October 21, 2011

   By the Resident Agent, Miami Office, South Central Region, Enforcement


    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that John E. Criteser, Jr. ("Mr. Criteser") apparently willfully and
       repeatedly violated section 301  of the Communications Act of 1934, as
       amended ("Act"), by operating an unlicensed radio transmitter on the
       frequency 95.1 MHz in Lake Park, Florida. We conclude that Mr.
       Criteser is apparently liable for a forfeiture in the amount of
       fifteen thousand dollars ($15,000).


    2. On December 13, 2010, and July 8, 2011, in response to a complaint,
       agents from the Enforcement Bureau's Miami Office ("Miami Office")
       used direction-finding techniques to locate the source of radio
       frequency transmissions on the frequency 95.1 MHz to Mr. Criteser's
       residence in Lake Park, Florida. On both days, the agents determined
       that the signals being broadcast exceeded the limits for operation
       under Part 15 of the Commission's rules ("Rules"), and therefore
       required a license.

    3. Also, on July 8, 2011, agents from the Miami Office knocked on the
       door of Mr. Criteser's residence and requested to inspect the radio
       station located on the premises. The individual who answered the door
       called for "John" and shut the door, during which time the agents
       observed that the radio station on 95.1 MHz ceased operation.
       Approximately 15 minutes later and after repeated knocks, Mr. Criteser
       opened the door, identified himself, and admitted to agents that he
       was operating a radio station on 95.1 MHz.


    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation, or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty.  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. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both sections 312 and 503(b) of the Act, and the
       Commission has so  interpreted the term in the section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful. The term "repeated" means the
       commission or omission of such act more than once or for more than one

    5. Section 301 of the Act states 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 granted under the provisions of the Act. On
       December 13, 2010, and July 8, 2011, Mr. Criteser operated an
       unlicensed radio station on the frequency 95.1 MHz from his residence
       in Lake Park, Florida. A review of the Commission's records revealed
       that Mr. Criteser did not have a license to operate a radio station on
       this frequency at this location. Moreover, on July 8, 2011, Mr.
       Criteser admitted operating the radio station from his residence.
       Because Mr. Criteser operated this station consciously on more than
       one day, we find that the apparent violations were not only willful,
       but also repeated. Based on the evidence before us, we find that Mr.
       Criteser apparently willfully and repeatedly violated section 301 of
       the Act by operating radio transmission equipment without the required
       Commission authorization.

    6. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for operation without an
       instrument of authorization is  $10,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, 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. Here, we find that consideration of the foregoing
       statutory factors justifies an upward adjustment of the base
       forfeiture amount. Commission records show that the Miami Office hand
       delivered a Notice of Unlicensed Operation  ("NOUO") to Mr. Criteser
       for operation of an unlicensed station on the frequency 91.5 MHz at
       the same location on May 22, 2007. The fact that Mr. Criteser
       continued to operate an unlicensed station after being put on notice
       four years earlier that his unlicensed operation contravened the Act,
       the Commission's rules, and related Commission orders demonstrates a
       deliberate disregard for the Commission's requirements. Thus, we find
       that an upward adjustment in the forfeiture amount of $5,000 is
       warranted. Applying the Forfeiture Policy Statement, section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Mr. Criteser is apparently liable for a forfeiture of $15,000.


    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80 of the Commission's rules, John E. Criteser,
       the amount of fifteen thousand dollars ($15,000) for violations of
       section 301  of the Act.

    8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's rules within thirty (30) days of the release date of this
       Notice of Apparent Liability for Forfeiture, John E. Criteser, Jr.,
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed

    9. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: If payment is made, John
       E. Criteser, Jr. will send electronic notification on the date said
       payment is made to

   10. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Miami Office, PO Box 520617, Miami, Florida 33152 and
       include the NAL/Acct. No. referenced in the caption. In addition, John
       E. Criteser, Jr., shall email the written response to

   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 ("GAAP"); 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. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to John E. Criteser, Jr. at his address
       of record.


   Stephanie Dabkowski

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   Part 15 of the Rules sets out the conditions and technical requirements
   under which certain radio transmission devices may be used without a
   license. In relevant part, section 15.239 of the Rules provides that
   non-licensed broadcasting in the 88-108 MHz band is permitted only if the
   field strength of the transmission does not exceed 250 mV/m at three
   meters. 47 C.F.R. S: 15.239.

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, para. 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, para. 9.

   47 U.S.C. S: 301.

   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) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   John E. Criteser, Jr., Notice of Unlicensed Operation (Enf. Bur., Miami
   Office, dated May 22, 2007).

   See Robert Brown, Forfeiture Order, 26 FCC Rcd 6854 (Enf. Bur. 2011),
   aff'g Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 13740 (Enf.
   Bur. 2010) (petition for reconsideration pending); Loyd Morris, Forfeiture
   Order, 26 FCC Rcd 6856 (Enf. Bur. 2011), aff'g Notice of Apparent
   Liability for Forfeiture, 25 FCC Rcd 13736 (Enf. Bur 2010) (petition for
   reconsideration pending).

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,

   See 47 C.F.R. S: 1.1914.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)


   Federal Communications Commission DA 11-1750


   Federal Communications Commission DA 11-1750