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


In the Matter of                        )
                              )
GNOTS Reserve, Inc.                )    File No. EB-00-OR-
062
WXS4872                       )    
Destrehan, Louisiana                    )    NAL/Acct. No. 
X3262009


                      FORFEITURE ORDER

     Adopted:  December 15, 2000                  Released:  
December 19, 2000  

By the Chief, Enforcement Bureau:


     1.   In this  Forfeiture Order (``Order''), we  issue a 
$4,000 monetary  forfeiture to GNOTS Reserve,  Inc. (``GNOTS 
Reserve'') for willfully violating Section 80.373(f)1 of the 
Commission's   Rules   (``Rules'')    by   operating   radio 
transmitting equipment on a  frequency not authorized by the 
Rules. 

     2.   On May  10, 2000,  an agent  from the  New Orleans 
Field  Office observed  transmissions  on frequency  157.175 
MHz.  Section  80.373(f) of  the Rules lists  authorized VHF 
marine  radio frequencies  in  the 156-162  MHz range.   The 
frequency 157.175 MHz is not  listed in Section 80.373(f) as 
an assignable frequency  and is not allowed  for routine use 
within the United States.   By using radio direction finding 
techniques,  the  agent  determined the  transmissions  were 
coming from a vessel identified as KOOLCAT.  The KOOLCAT was 
determined to belong to GNOTS Reserve.2  On August 23, 2000, 
the District Director of the New Orleans Field Office issued 
a Notice of Apparent Liability  ("NAL") to GNOTS Reserve for 
$4,000, which is the base amount for this violation.  

     3.   In its  response to  the NAL, dated  September 13, 
2000,  GNOTS Reserve  acknowledges that  this is  its second 
violation of Section 80.373(f).  GNOTS Reserve expresses the 
opinion  that the  vessel  operators who  actually make  the 
unauthorized   transmissions  should   bear   some  of   the 
responsibility  for  those   transmissions.   GNOTS  Reserve 
further   opines   that   if  international   and   Canadian 
frequencies  are  unauthorized,  then  they  should  not  be 
installed  in all  VHF Radio  equipment sold  in the  United 
States.   

     4.   As  noted,  GNOTS  Reserve acknowledges  that  the 
violation  occurred.  Licensees  are  expected  to know  and 
comply with the Commission's Rules,  and will not be excused 
for    violations   thereof,    absent   clear    mitigating 
circumstances.3   GNOTS   Reserve  has  not   presented  any 
mitigating  circumstances  that  would warrant  reducing  or 
eliminating the forfeiture. 
 
     7.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  503(b)  of  the  Communications  Act  of  1934,  as 
amended,4 and  Sections 0.111, 0.311, and  1.80(f)(4) of the 
Rules,5  GNOTS  Reserve,  Inc.  IS  LIABLE  FOR  A  MONETARY 
FORFEITURE  in the  amount of  $4,000 for  violating Section 
80.373(f) of the Rules.

     8.   Payment  of the  forfeiture shall  be made  in the 
manner provided  for in  Section 1.80  of the  Rules6 within 
thirty  (30) days  of the  release  of this  Order.  If  the 
forfeiture is not paid within the specified period, the case 
may be referred to the  Department of Justice for collection 
pursuant to Section 504(a) of the Act.7  Payment may be made 
by mailing  a check  or similar  instrument, payable  to the 
order of  the ``Federal Communications Commission,''  to the 
Federal Communications Commission,  P.O. Box 73482, Chicago, 
Illinois 60673-7482.  The payment  should note the NAL/Acct. 
No.   X3262009.   Requests   for  full   payment  under   an 
installment plan should be sent  to:  Chief, Credit and Debt 
Management Center,  445 12th Street, S.W.,  Washington, D.C. 
20554.8

     9.   IT IS FURTHER  ORDERED that, a copy  of this Order 
shall be  sent by certified mail,  return receipt requested, 
to GNOTS Reserve, Inc.,  P.O. Box 1147, Destrehan, Louisiana 
70047. 

 

                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R. § 80.373(f).
     2
       On  May 12, 1999,  another vessel belonging  to GNOTS 
Reserve, the TOMCAT, was  observed transmitting on frequency 
156.075 MHz, which is  also unauthorized.  GNOTS Reserve was 
issued a Warning Letter  for Unauthorized Operation of Radio 
Transmitting Equipment for this violation. 
     3  Sitka Broadcasting  Co., Inc., 70 FCC  2d 2375, 2378 
(1979), citing  Lowndes County  Broadcasting Co., 23  FCC 2d 
868 (1970).
      
     4 47 U.S.C. 503(b).
 
     5 47 C.F.R. §§ 0.111, 0.311, and 1.80(f)(4).

     6 47 C.F.R. § 1.80.

     7 47 U.S.C. § 504(a).

     8 See 47 C.F.R. § 1.1914.