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

******************************************************** 
                      NOTICE
********************************************************

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 James R. Winstead Licensee of Amateur Station KD5OZY
   Coleman, Texas ) ) ) File No.: EB-FIELDSCR-14-00013418 ) NAL/Acct. No.:
   201432500003 ) FRN: 0005642657 ) )




                                     ORDER

   Adopted: April 22, 2014 Released: April 22, 2014

   By the Regional Director, South Central Region, Enforcement Bureau:

   1. The Enforcement Bureau (Bureau) of the Federal Communications
   Commission (Commission) has settled its investigation into whether James
   R. Winstead operated a radio transmitter to interfere with the
   communications of other amateur licensees. The Commission's amateur radio
   rules prohibit wilful or malicious interference with any radio
   communication or signal. Mr. Winstead's transmissions prevented other
   licensees from completing their conversations and disrupted amateur
   communications in the area. Mr. Winstead has admitted that his actions
   violated the Commission's rules and agreed to voluntarily relinquish his
   amateur license and make a one thousand dollar ($1,000) voluntary
   contribution to resolve the Bureau's investigation.

   2. In this Order, we adopt the attached Consent Decree entered into
   between the Bureau and Mr. Winstead. The Consent Decree terminates the
   investigation and Notice of Apparent Liability for Forfeiture issued by
   the Bureau of possible violations of Section 333 of the Communications Act
   of 1934, as amended,^ and Section 97.101(d) of the Commission's rules^
   concerning Mr. Winstead's operation of a radio transmitter to interfere
   with the communications of other amateur licensees.

   3. The Bureau and Mr. Winstead have negotiated the terms of a Consent
   Decree that resolves this matter. A copy of the Consent Decree is attached
   hereto and incorporated herein by reference.

   4. After reviewing the terms of the Consent Decree and evaluating the
   facts before us, we find that the public interest would be served by
   adopting the Consent Decree, terminating the investigation.

   5. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 503(b) of the
   Communications Act of 1934, as amended,^ and Sections 0.111 and 0.311 of
   the Commission's rules,^ the Consent Decree attached to the Order IS
   ADOPTED.

   6. IT IS FURTHER ORDERED that the above-captioned investigation IS
   TERMINATED.

   7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
   shall be sent by first class mail and certified mail, return receipt
   requested to James R. Winstead at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of James R. Winstead Licensee of Amateur Station KD5OZY
   Coleman, Texas ) ) ) ) ) ) ) File No.: EB-FIELDSCR-14-00013418 NAL/Acct.
   No.: 201432500003 FRN: 0005642657




                                 CONSENT DECREE

   1. The Enforcement Bureau of the Federal Communications Commission
   (Bureau), by its authorized representative, and James R. Winstead, hereby
   enter into this Consent Decree for the purpose of terminating the Bureau's
   investigation into Mr. Winstead's violations of Section 333 of the
   Communications Act of 1934, as amended,^ and Section 97.101(d) of the
   Commission's rules.^

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
       151 et seq.

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Mr. Winstead is subject by virtue of his operation of radio
       transmitting equipment.

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    g. "Investigation" means the investigation commenced by the Bureau
       regarding Mr. Winstead's operation of a radio transmitter on the
       frequency 7.195 MHz and interference with licensed communications,
       which resulted in the issuance of a Notice of Apparent Liability for
       Forfeiture, DA 14-204 (Enf. Bur. Feb. 19, 2014) (NAL).

    h. "Parties" means Mr. Winstead and the Bureau, each of which is a
       "Party."

    i. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    3. 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 97.101(d) of the
       Rules states that "[n]o amateur operator shall willfully or
       maliciously interfere with or cause interference to any radio
       communication or signal."^

    4. On January 21, 2014, in response to several complaints, the Bureau
       determined that Mr. Winstead was intentionally interfering with other
       licensed amateur communications on the frequency 7.195 MHz. During an
       inspection of the station, Mr. Winstead admitted that he had been
       trying to interfere with other amateur licensee's communications and
       showed an agent how he caused such interference. On February 19, 2014,
       the Enforcement Bureau issued the NAL to Mr. Winstead and found him
       apparently liable for a $7,000 forfeiture for his apparent violations
       of Section 333 of the Act and Section 97.101(d) of the Rules.

    5. In response to the NAL, Mr. Winstead provided financial documentation
       demonstrating that he is unable to pay the proposed forfeiture.

   III. TERMS OF AGREEMENT

    6. Adopting Order.  The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

    7. Jurisdiction. Mr. Winstead agrees that the Bureau has jurisdiction
       over him and the matters contained in this Consent Decree and has the
       authority to enter into and adopt this Consent Decree.

    8. Effective Date; Violations.  The Parties agree that this Consent
       Decree shall become effective on the Effective Date. As of the
       Effective Date, the Adopting Order and this Consent Decree shall have
       the same force and effect as any other order of the Commission. Any
       violation of the Adopting Order or of the terms of this Consent Decree
       shall constitute a separate violation of a Commission order, entitling
       the Commission to exercise any rights and remedies attendant to the
       enforcement of a Commission order.

    9. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, Mr. Winstead agrees to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that in the
       absence of new material evidence, the Bureau will not use the facts
       developed in the Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute on its own motion any
       new proceeding, formal or informal, or take any action on its own
       motion against Mr. Winstead concerning the matters that were the
       subject of the Investigation.

   10. Relinquishment of Amateur License. Mr. Winstead holds an amateur
       license (call sign KD5OZY). In consideration for the termination of
       the Investigation, Mr. Winstead agrees to relinquish his amateur
       license. Mr. Winstead provided a signed letter requesting the
       Commission cancel his amateur license prior to signing this Consent
       Decree.

   11. Voluntary Contribution.  Mr. Winstead  agrees that he will make a
       voluntary contribution to the United States Treasury in the amount of
       one thousand dollars ($1,000) ("Voluntary Contribution") in twelve
       installments (each an Installment Payment). The first Installment
       Payment of eighty seven dollars ($87) must be made within thirty (30)
       calendar days after the Effective Date. Each successive Installment
       Payment of eighty three dollars ($83) shall be due on the first day of
       the next eleven (11) months following the initial Installment Payment.
       Mr. Winstead acknowledges and agrees that upon execution of this
       Consent Decree the Voluntary Contribution and each Installment Payment
       shall become a "Claim" or "Debt" as defined in 31 U.S.C. S 3701(b)(1).
       Upon an Event of Default (as defined below), all procedures for
       collection as permitted by law may, at the Commission's discretion, be
       initiated. In addition, Mr. Winstead agrees that he will make the
       first and all subsequent Installment Payments in United States Dollars
       without further demand or notice by the dates specified above.
       Installment Payments 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. Winstead shall also send electronic
       notification of each Installment Payment 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.

   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.

   12. Event of Default. Mr. Winstead agrees that an Event of Default shall
       occur upon his failure to pay the full amount of any Installment
       Payment on or before the due date specified in this Consent Decree.

   13. Interest, Charges for Collection, and Acceleration of Maturity Date.
       After an Event of Default has occurred under this Consent Decree, the
       then unpaid amount of the Voluntary Contribution shall accrue
       interest, computed using the rate of the U.S. Prime Rate in effect on
       the date of the Event of Default plus 4.75 percent, from the date of
       the Event of Default until payment in full. Upon an Event of Default,
       the then unpaid amount of the Voluntary Contribution, together with
       interest, as aforesaid, any penalties permitted and/or required by the
       law, including but not limited to interest and penalties permitted
       under 31 U.S.C. S 3717 and administrative charge(s), plus the costs of
       collection, litigation, and attorneys' fees, shall become immediately
       due and payable, without notice, presentment, demand, protest, or
       notice of protest of any kind, all of which are waived by Mr.
       Winstead.

   14. Waivers. Mr. Winstead waives any and all rights he may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order as defined herein. Mr. Winstead shall retain the right to
       challenge Commission interpretation of the Consent Decree or any terms
       contained herein. If either Party (or the United States on behalf of
       the Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Mr. Winstead nor the Commission shall contest
       the validity of the Consent Decree or of the Adopting Order, and Mr.
       Winstead shall waive any statutory right to a trial de novo. Mr.
       Winstead hereby agrees to waive any claims he may have under the Equal
       Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et seq.,
       relating to the matters addressed in this Consent Decree.

   15. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   16. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree differs from any subsequent Rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Mr. Winstead does not expressly
       consent) regarding the same subject matter, that provision will be
       superseded by such Rule or Commission order.

   17. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. Mr. Winstead admits, solely for the
       purpose of this Consent Decree and for Commission civil enforcement
       purposes, and in express reliance on the provisions of paragraph 9
       herein, that his radio operations on the frequency 7.195 MHz, which
       were the subject of the Investigation, violated the Communications
       Laws.

   18. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   19. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   20. Authorized Representative. The FCC signatory represents that he is
       signing this Consent Decree in his official capacity and that he is
       authorized to execute this Consent Decree.

   21. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ________________________________

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

   ________________________________

   Date

   ________________________________

   James R. Winstead

   ________________________________

   Date

   ^ 47 U.S.C. S 333.

   ^ 47 C.F.R. S 97.101(d).

   ^ 47 U.S.C. SS 154(i), 503(b).

   ^ 47 U.S.C. SS 0.111, 0.311.

   ^ 47 U.S.C. S 333.

   ^ 47 C.F.R. S 97.101(d).

   ^ 47 U.S.C. S 333.

   ^ 47 C.F.R. S 97.101(d).

   Federal Communications Commission  DA 14-455

                                       2

   Federal Communications Commission DA 14-455

                                       5