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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Jared A. Bruegman Bolivar, MO ) ) ) ) ) ) File Number:
EB-FIELDSCR-12-00005740 NAL/Acct. No.: 201332560003 FRN: 0003872686
FORFEITURE ORDER
Adopted: October 23, 2013 Released: October 23, 2013
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of five hundred dollars ($500) to Jared A. Bruegman for
willfully violating Section 301 of the Communications Act of 1934, as
amended (Act).^ The noted violation involved Mr. Bruegman's operation
of an unlicensed radio transmitter on the frequency 14.312 MHz in
Bolivar, Missouri.
II. BACKGROUND
2. On February 25, 2013, the Enforcement Bureau's Kansas City Office
(Kansas City Office) issued a Notice of Apparent Liability for
Forfeiture (NAL) ^ for ten thousand dollars ($10,000) to Mr. Bruegman
for operating an unlicensed radio transmitter in Bolivar.^ In response
to the NAL, Mr. Bruegman does not deny the violation, but requests
cancellation or reduction of the forfeiture based on his inability to
pay claim.^
III. DISCUSSION
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act,^ Section 1.80 of the Commission's
rules (Rules),^ and the Forfeiture Policy Statement.^ In examining Mr.
Bruegman's response, Section 503(b)(2)(E) 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.^
4. We affirm the NAL's finding that Mr. Bruegman violated Section 301 of
the Act.^ 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.^ As reflected in the NAL, on December 18, 2012,
agents from the Kansas City Office observed an unlicensed radio
transmitter operating on the frequency 14.312 MHz from a residence in
Bolivar.^ During the agents' inspection of the radio transmitter at
the residence, Mr. Bruegman was the only person present in the bedroom
where the transmitter (which was powered on) was located.^ Mr.
Bruegman also admitted to owning the radio transmitting equipment.
Based on the record evidence, which Mr. Bruegman does not dispute, we
conclude that Mr. Bruegman willfully violated Section 301 of the Act
by operating radio transmission equipment without the required
Commission authorization.
5. In response to the NAL, Mr. Bruegman nonetheless requests cancellation
or reduction of the $10,000 forfeiture, asserting that his financial
circumstances make it difficult for him to pay the forfeiture.^ With
regard to an individual's or entity's inability to pay claim, the
Commission has determined that, in general, gross income or revenues
are the best indicator of an ability to pay a forfeiture.^ Based on
the financial documents provided by Mr. Bruegman, we find that there
is a sufficient basis to reduce (but not cancel) the forfeiture to
$500.^ We caution Mr. Bruegman, however, that a party's inability to
pay is only one factor in our forfeiture calculation analysis, and is
not dispositive.^ In this regard, we have previously rejected
inability to pay claims in cases of repeated or otherwise egregious
violations.^ Therefore, future violations of this kind may result in
significantly higher forfeitures that may not be reduced due to Mr.
Bruegman's financial circumstances.
IV. ORDERING CLAUSES
6. 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(f)(4) of the Commission's rules, Jared A.
Bruegman IS LIABLE FOR A MONETARY FORFEITURE in the amount of five
hundred dollars ($500) for violation of Section 301 of the Act.^
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ Jared A. Bruegman shall send electronic
notification of payment to SCR-Response@fcc.gov on the date said
payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account Number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions you should follow based on the form of payment you
select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
8. Any request for making full payment over time under an installment plan
should be sent to: Chief Financial Officer--Financial Operations, Federal
Communications Commission, 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 by phone, 1-877-480-3201,
or by e-mail, [1]ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Jared A.
Bruegman at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
^ 47 U.S.C. S 301.
^ Jared A. Breugman, Notice of Apparent Liability for Forfeiture, 28 FCC
Rcd 1327 (Enf. Bur. 2013) (NAL). A comprehensive recitation of the facts
and history of this case can be found in the NAL and is incorporated
herein by reference.
^ See Letter from Jared A. Bruegman to Kansas City Office, South Central
Region, Enforcement Bureau (Mar. 20, 2013) (on file in
EB-FIELDSCR-12-00005740) (NAL Response) (stating that the $10,000
forfeiture would "bankrupt" him).
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ See NAL, supra note 2.
^ 47 U.S.C. S 301.
^ NAL, 28 FCC Rcd at 1328, para. 5.
^ Id.
^ See NAL Response, supra note 3.
^ See Local Long Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000)
(forfeiture not deemed excessive where it represented approximately 7.9
percent of the violator's gross revenues); Hoosier Broadcasting
Corporation, Forfeiture Order, 15 FCC Rcd 8640 (2002) (forfeiture not
deemed excessive where it represented approximately 7.6 percent of the
violator's gross revenues).
^ This forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See supra note 13. If Mr.
Bruegman finds it financially infeasible to make full payment of this
amount within 30 days, he can request an installment plan, as described in
paragraph 8, infra, of this Forfeiture Order.
^ See 47 U.S.C. S 503(b)(2)(E) (requiring the Commission to 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).
^ See, e.g., Whisler Fleurinor, Forfeiture Order, 28 FCC Rcd 1087 (Enf.
Bur. 2013) (affirming $25,000 forfeiture and rejecting inability to pay
claim because violator was previously afforded a reduction based on
inability to pay, but later committed the same violation). Accord Kevin W.
Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011) (holding that
violator's repeated acts of malicious and intentional interference
outweigh evidence concerning his ability to pay claim), aff'd, Memorandum
Opinion and Order, 28 FCC Rcd 1170 (Enf. Bur. 2013) (further request for
reconsideration pending); Hodson Broadcasting Corp., Forfeiture Order, 24
FCC Rcd 13699 (Enf. Bur. 2009) (holding that permittee's continued
unauthorized operation outweighed its inability to pay claim).
^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
1.80(f)(4).
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 13-2049
4
Federal Communications Commission DA 13-2049
References
Visible links
1. mailto:ARINQUIRIES@fcc.gov