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

This document was converted from
WordPerfect or Word to ASCII Text format.

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
Word or WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************



                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                   )
)
Bruce Alesso                       )    NAL/Acct. No.  915PA0010 
Brick, New Jersey                  )    



                  MEMORANDUM OPINION AND ORDER

  Adopted:  February 9, 2000            Released:  February 10, 2000

By the Chief, Enforcement Bureau:

     1.   This order rescinds a forfeiture against Bruce Alesso in the amount of $2,000 that was issued
pursuant to Section 503(b) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  503(b),
and Section 1.80 of the Commission's Rules ("the Rules"), 47 C.F.R.  1.80.  The forfeiture was assessed for
willful violation of Section 301 of the Act, 47 U.S.C.  301, based on unlicensed radio transmissions made via
a marine radio station which Mr. Alesso had in his home.  

                           BACKGROUND

2.   In response to a complaint from the U.S. Coast Guard that an unidentified male was
transmitting superfluous radio communications on a marine frequency reserved for distress calls, the
Commission's Philadelphia, Pennsylvania Field Office sent an agent to investigate and locate the source of the
unauthorized signals using direction finding equipment.  The source of the signal was traced to Mr. Alesso's
home.   During an inspection of the premises, the agent found a marine radio station in an upper bedroom of
the house.  Mr. Alesso admitted to owning the radio equipment and also admitted that he did not have a license
to operate the station.  However, he denied using the radio for transmission purposes, and voluntarily
relinquished it during the inspection.  The Philadelphia Field Office issued a Notice of Apparent Liability for
monetary forfeiture to Mr. Alesso on August 23, 1999.

                           DISCUSSION

3.   Mr. Alesso's response to the Notice of Apparent Liability contends that the marine radio was
used strictly to monitor marine transmissions for fishing purposes, and that he never used or authorized anyone
else to use the radio for transmitting signals.  He claims that another individual used his radio to make the
unlicensed transmissions at issue, without his knowledge or consent.   

4.   Upon review of the particular circumstances in this case, and in accordance with the discretion
afforded to the Commission by Section 504 of the Act, 47 U.S.C.  504, and implemented by Section 1.80(i)
of the Rules, 47 C.F.R.  1.80(i), we have determined that rescission of the forfeiture is warranted.  There is
insufficient evidence in the record to establish with any certainty the identity of the person or persons who made
the unauthorized transmissions that form the basis of the violation. 
                        ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED, pursuant to Section 504(b) of the Act, 47 U.S.C.  504(b),
and sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R.  0.111, 0.311, and 1.80, that the Notice of
Apparent Liability for Forfeiture issued against Bruce Alesso IS RESCINDED.

     6.   IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return
receipt requested, to Bruce Alesso, in care of his counsel of record.

                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau