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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              ) )                               
                                                                
     In the Matter of         )     File No.: EB-10-TP-0016     
                                                                
     Vincent E. Aversa, Jr.   )     NAL/Acct. No: 201132700002  
                                                                
     Indialantic, FL          )     FRN: 0020584777             
                                                                
                              )                                 


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: February 7, 2011 Released: February 8, 2011

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Vincent E. Aversa, Jr. ("Mr. Aversa") apparently willfully and
       repeatedly violated section 301 of the Communications Act of 1934, as
       amended ("Act") and section 80.13 of the Commission's rules ("Rules"),
       by operating radio transmission equipment without a license on the
       International Distress, Safety, and Calling Channel  ("Marine Safety
       Channel 16"). We conclude that Mr. Aversa is apparently liable for a
       forfeiture in the amount of twenty thousand dollars ($20,000).

   II. BACKGROUND

    2. On February 1, 2010, the United States Coast Guard ("USCG") contacted
       agents at the Enforcement Bureau's Tampa Field Office ("Tampa Office")
       regarding interference the USCG had been receiving on Marine Safety
       Channel 16. Specifically, a man later identified as Mr. Aversa had
       been operating on Marine Safety Channel 16 periodically since November
       of 2009 to relay non-emergency information. The USCG later provided
       multiple audio recordings of what appeared to be Mr. Aversa operating
       on Marine Safety Channel 16 covering a three-month period lasting
       between December of 2009 and February of 2010. On all but one of the
       recordings, the USCG warned this individual on the air that his
       transmissions on Marine Safety Channel 16 were unauthorized, and, on
       several of the recordings, the USCG directed him to cease
       transmitting.

    3. On February 10 and 11, 2010, agents from the Tampa Office used
       direction-finding techniques to locate the source of transmissions on
       Marine Safety Channel 16 to an automobile being driven by Mr. Aversa
       in Melbourne, Florida. On both days during the course of these
       transmissions, the USCG again warned Mr. Aversa on the air that his
       transmissions on Marine Safety Channel 16 were unauthorized and
       directed him to cease transmission. On both days, the agents also
       observed Mr. Aversa alone in his vehicle, talking on a hand held
       microphone, which was connected to a marine radio. Moreover, the
       agents heard Mr. Aversa's voice through the car window and on the FCC
       vehicle receiver. A review of the  Commission's records revealed that
       Mr. Aversa does not have a license to operate a radio station on
       Marine Safety Channel 16 in Melbourne, Florida, or any other location.

    4. On February 12, 2010, agents from the Tampa Office again used
       direction-finding techniques to locate the source of transmissions on
       Marine Safety Channel 16 and other Marine channels, lasting almost two
       continuous hours, to an automobile driven by Mr. Aversa in Melbourne,
       Florida.  While being interviewed by the agents after Mr. Aversa
       exited the automobile, Mr. Aversa admitted to operating a radio to
       talk on Marine Safety Channel 16 and other Marine channels and
       voluntarily relinquished his marine radio.

   III. DISCUSSION

    5. 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. The term "willful" as used in section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    6. 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.
       Section 80.13 of the Rules states that, except for ship stations,
       stations in the maritime service must be licensed by the FCC either
       individually or by fleet. Marine Safety Channel 16 is the
       international distress, safety, and calling channel and is designed to
       be used for distress, urgency, safety, call and reply radiotelephony
       communications. As discussed above, Mr. Aversa does not hold a license
       to operate a land-based station on Channel 16 (156.800 MHz). According
       to audio recordings provided by the USCG, there were many unauthorized
       communications to the USCG made on Marine Safety Channel 16 by a voice
       later identified as Mr. Aversa between December 2009 and February
       2010, despite USCG warnings on the air that such communications were
       unauthorized. On February 10, 11, and 12, 2010, agents from the Tampa
       Office observed Mr. Aversa operating a marine radio on Marine Safety
       Channel 16. On February 12, 2010, Mr. Aversa admitted to agents from
       the Tampa Office that he operated his marine radio on Marine Safety
       Channel 16 and other Marine channels. Because Mr. Aversa knowingly
       operated on Marine Safety Channel 16 and other Marine channels, we
       find that the apparent violation is willful. Moreover, because agents
       observed Mr. Aversa's unlicensed operations on three separate
       occasions (all of which occurred after Mr. Aversa received multiple
       audio warnings from the USCG), we find that the apparent violation was
       repeated.

    7. Pursuant to section 1.80 of the Rules and the Commission's Forfeiture
       Policy Statement, 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. Based on the criteria in section 503(b)(2)(E) of the Act,
       and the upward adjustment criteria in the Forfeiture Policy Statement,
       we find that an upward adjustment in the amount of $10,000 is
       warranted. We find that his apparent willful and repeated operation on
       a Marine Safety Channel is particularly egregious based on the
       intentional nature of the violation, and because Mr. Aversa: (1)
       operated a marine radio on an unlicensed basis for over four months;
       (2) transmitted continuously for hours at a time about
       non-safety-related topics thereby hindering access to a Marine Safety
       Channel; and (3) disregarded repeated warnings from the USCG about his
       unauthorized operation. Applying the Forfeiture Policy Statement,
       section 1.80 of the Rules, and the statutory factors, we conclude that
       Mr. Aversa is apparently liable for a forfeiture in the amount of
       $20,000.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204(b),
       0.311, and 1.80 of the Rules, Vincent Aversa, Jr. is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty
       thousand dollars ($20,000) for violation of section 301 of the Act and
       section 80.13 of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
       within thirty (30) days of the release date of this Notice of Apparent
       Liability for Forfeiture, Vincent Aversa, Jr. SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   10. 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
       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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. Mr. Aversa shall also send electronic
       notification to  SCR-Response@fcc.gov  on the date said payment is
       made.

   11. 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 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite
       425, Tampa Florida, 33607, and must include the NAL/Acct. No.
       referenced in the caption. The statement should also be emailed to
       SCR-Response@fcc.gov.

   12. 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.

   13. 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 Vincent Aversa, Jr. at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 301; 47 C.F.R. S: 80.13.

   The frequency 156.800 MHz, channel 16, is the international distress,
   safety, and calling channel. See 47 C.F.R. S: 80.369(e)(3).

   Mr. Aversa was also heard and seen by agents from the Tampa Office
   operating on Marine Channels 71, 81, 82, 84, 85, 87, and 88 in violation
   of section 301 of the Act and section 80.13 of the Rules.

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

   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,' when used with reference to the
   commission or omission of any act, 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, e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
   FCC Rcd 3454 (1992).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he 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: 301.

   47 C.F.R. S: 80.13(a).

   47 C.F.R. S: 80.369.

   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).

   Id.; 47 C.F.R. S: 1.80(b)(4); see also Forfeiture Policy Statement, 12 FCC
   Rcd at 17100 - 01; Robert Brown, Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 13740 (Enf. Bur. 2010) (assessed proposed
   forfeiture of $15,000 for violation of section 301 of the Act because
   violations occurred on two days and with full knowledge that such action
   violated the rules); Loyd Morris, Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 13736 (Enf. Bur. 2010) (assessed proposed
   forfeiture of $15,000 for violation of section 301 of the Act because
   violations occurred on two days and with full knowledge that such action
   violated the rules); American Taxi and Shuttle, Inc., Notice of Apparent
   Liability for Forfeiture, 25 FCC Rcd 13387 (Enf. Bur. 2010) (assessed
   proposed forfeiture of $20,000 for violation of section 302 of the Act
   because violations occurred on three days and with full knowledge that
   such action violated the rules).

   On February 10, 11, and 12, 2010, agents from the Tampa Office recorded
   Mr. Aversa's transmissions. Mr. Aversa discussed various conspiracy
   theories, sang songs, and described local landmarks, but he did not
   mention anything about ships in distress.

   47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 1.80, 80.13; 47 U.S.C. S: 301.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-232

                                       2

   Federal Communications Commission DA 11 -232