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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Orloff Haines Enid, Oklahoma ) ) ) ) ) ) File No.:
   EB-FIELDSCR-13-00008788 NAL/Acct. No.: 201432500005 FRN: 0020321642




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 21, 2014 Released: March 21, 2014

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Orloff Haines apparently willfully violated Section 333 of the
       Communications Act of 1934, as amended (Act), and Section 95.413(a)(3)
       of the Commission's rules (Rules),^ by operating a Citizens Band (CB)
       radio transmitter to interfere with the communications of other CB
       stations. We conclude that Mr. Haines is apparently liable for a
       forfeiture in the amount of twelve  thousand dollars ($12,000).

   II. BACKGROUND

    2. On May 14, 2013, an agent of the Enforcement Bureau's Dallas Office
       (Dallas Office), using mobile direction finding techniques, positively
       identified the source of a continuous carrier on CB Channel 19
       (27.1850 MHz) to Mr. Haines's residence in Enid, Oklahoma. The agent
       identified himself and requested to inspect the CB station located in
       the residence. Mr. Haines was not present, but Mrs. Haines showed the
       agent Mr. Haines's CB station, which was transmitting on Channel 19.
       Mrs. Haines stated that Mr. Haines was "keyed on," or continuously
       transmitting on Channel 19, because other CB operators in the area
       were harassing her. The agent telephoned Mr. Haines during the
       inspection and Mr. Haines admitted that he was "keyed on" Channel 19
       to prevent other CB operators in the area from harassing his wife. At
       the conclusion of the inspection, Mrs. Haines voluntarily turned off
       Mr. Haines' CB transmitter, resolving the interference on Channel 19.

   III. DISCUSSION

    3. 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.^

     A. Intentional Interference to CB Communications

    4. The evidence in this case is sufficient to establish that Mr. Haines
       violated Section 333 of the Act and Section 95.413(a)(3) of the Rules.
       Section 333 of the Act prohibits any person from willfully or
       maliciously interfering with or causing interference to any radio
       communications of any licensed station.^ Section 95.413(a)(3) of the
       Rules states that CB radio operators shall not "interfere
       intentionally with the communications of another CB station."^ On May
       14, 2013, an agent from the Dallas Office observed that Mr. Haines's
       CB station was transmitting a continuous carrier on CB Channel 19,
       which prevented communications by any other CB station on Channel 19
       within approximately two miles of Mr. Haines's residence.^ Mr. Haines
       admitted that he was transmitting a continuous carrier on CB Channel
       19 to prevent other CB operators from harassing his wife. Based on the
       evidence before us, we find that Mr. Haines apparently willfully
       violated Section 333 of the Act and Section 95.413(a)(3) of the Rules
       by intentionally interfering with other CB station communications.

    B. Proposed Forfeiture

    5. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for interference to
       radio communications is $7,000.^ 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.^ Prior to May 14, 2013, Mr. Haines received two written
       warnings from the Dallas Office advising him that intentionally
       interfering with other CB operators violated the Act and Rules.^ The
       fact that Mr. Haines interfered with other CB communications despite
       being twice warned in writing that such actions violated the Act and
       Rules demonstrates a deliberate disregard for the Commission's
       requirements and authority. 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. Haines is apparently liable
       for a total forfeiture in the amount of twelve thousand dollars
       ($12,000) for intentionally interfering with other CB radio
       communications.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Orloff
       Haines  is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of twelve  thousand dollars ($12,000) for violations of
       Section 333 of the Act and Section 95.413(a)(3) of the Rules.^

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

    8. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account Number
       and FRN referenced above. Mr. Haines shall also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.
       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.

    9. 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,
       ARINQUIRIES@fcc.gov.

   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, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
       Texas 75243, and include the NAL/Acct. No. referenced in the caption.
       Mr. Haines also shall e-mail the written response to
       SCR-Response@fcc.gov.

   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 principles (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 first class mail to Orloff Haines at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   James D. Wells

   District Director

   Dallas Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 333; 47 C.F.R. S 95.413(a)(3).

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

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

   ^ H.R. Rep. No. 97-765, 97^th 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.").

   ^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), recons. denied,  7 FCC Rcd
   3454 (1992).

   ^ 47 U.S.C. S 333.

   ^ 47 C.F.R. S 95.413(a)(3).

   ^ While the agent from the Dallas Office heard the continuous carrier
   approximately two miles from Mr. Haines's residence, the range of Mr.
   Haines's CB station may have exceeded two miles.

   ^ 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), recons.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

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

   ^ Letter to Orloff Haines from James D. Wells, District Director, Dallas
   Office, South Central Region, Enforcement Bureau (July 6, 2010) (on file
   in EB-FIELDSCR-13-00008788); Letter to Orloff Haines from James D. Wells,
   District Director, Dallas Office, South Central Region, Enforcement Bureau
   (Apr. 1, 2011) (on file in EB-FIELDSCR-13-00008788). Mr. Haines responded
   to the 2010 warning in writing and stated that he was intentionally
   interfering with other CB radio operators to prevent them from harassing
   his wife. Letter from Orloff Haines to the Dallas Office (July 18, 2010)
   (on file on EB-FIELDSCR-13-00008788). Mr. Haines also responded via
   telephone to the 2011 warning again stating that he was intentionally
   interfering with other CB radio operators to prevent them from harassing
   his wife.

   ^ See Carlton Lewis,  Notice of Apparent Liability for Forfeiture, 28 FCC
   Rcd 15975 (Enf. Bur. 2013) (upwardly adjusted proposed forfeiture by
   $5,000 because violator operated CB station with linear amplifier after
   receipt of two written warnings); John Hays, Notice of Apparent Liability
   for Forfeiture, 26 FCC Rcd 7919 (Enf. Bur. 2011) (upwardly adjusted
   proposed forfeiture by $5,000 because violator operated CB station with a
   linear amplifier after being warned orally and in writing that such action
   violated the Act and Rules).

   ^ 47 U.S.C. SS 333, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   95.413(a)(3).

   ^ 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.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-370

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   Federal Communications Commission DA 14-370