If you've ALREADY been warned and STILL keep on................
Before the Federal Communications Commission
Washington, D.C. 20554 ) )
In the Matter of ) File Number EB-07-SF-051
Martha S. and Miguel G. Campos )
NAL/Acct. No. 200832980001
San Jose, California ) FRN: 0017083221 ) )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 31, 2007
By the District Director, San Francisco Office,
Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Martha S. and Miguel G. Campos, owners and operators of a Citizens Band ("CB") radio station in San Jose, California apparently willfully violated Section 301 of the Communications Act of 1934 as amended, by operating a modified CB radio station on a frequency not authorized for CB use. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that the Campos are apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On April 7, 2006, the Enforcement Bureau's San Francisco Office received a complaint alleging intentional interference to CB radio communications on 27.055 MHz. The complaints alleged that the source of the interference was located at the residence of CB radio operators, Martha and Miguel Campos, in San Jose, California.
3. On August 24, 2006, after subsequent complaints, the San Francisco Field Office issued a Warning Letter to Miguel G. Campos ("August Warning Letter"). The Warning Letter informed Mr. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7), he must operate his CB station only on the 40 channels allocated to the CB service and he must not modify his CB radio to operate on any other frequency other than allocated to the service. The August Warning Letter also warned Mr. Campos that pursuant to Section 95.409 of the Rules (CB Rule 9), he must not make, or have made, any internal modification to a FCC certificated CB transmitter. Further, Mr. Campos was warned that if the transmissions continue, he would be investigated during ongoing FCC enforcement efforts and if such an investigation indicates that he had violated the Communications Act or any FCC Rules, he could be subject to severe penalties, including, but not limited to, substantial monetary forfeitures.
4. On August 31, 2006, Mr. Campos replied to the letter acknowledging that he was a CB operator and detailing the CB equipment that he used.
5. On September 29, 2006, in response to continued complaints, the San Francisco Office issued a Warning Letter to Martha S. Campos ("September Warning Letter"). The September Warning Letter informed Mrs. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7), she must operate her CB station only on the 40 channels allocated to the CB service and she must not modify her CB radio to operate on any other frequency other than allocated to the service. The September Warning Letter also warned Ms. Campos that pursuant to Section 95.409 of the Rules (CB Rule 9), she must not make, or have made, any internal modification to a FCC certificated CB transmitter. Further, Ms. Campos was warned that if the transmissions continue, she would be investigated during ongoing FCC enforcement efforts and if such an investigation indicates that he had violated the Communications Act or any FCC Rules, she could be subject to severe penalties, including, but not limited to, substantial monetary forfeitures.
6. On October 27, 2006, Martha and Miguel Campos came to the San Francisco Office to discuss the warning letters they had received. A San Francisco agent clarified some of the CB Rules to them and again warned them about the consequences of not following the CB Rules.
7. During the period of November 2, 2006, to February 2, 2007, the San Francisco Office continued to receive complaints alleging interference by the Campos.
8. On March 16, 2007, San Francisco agents, using mobile direction finding techniques, located the source of the alleged interfering signal on 27.675 MHz to the Campos' residence in San Jose, California. The San Francisco agents monitored the transmission of one-way communications on 27.675 MHz. The agents also conducted an inspection of the Campos' CB station and found two CB transmitters that were set up and connected to outdoor antennas at Campos's residence. By conducting on/off tests, the agents confirmed that one of the transmitters had been modified to operate on frequency 27.675 MHz, a frequency that is not authorized for use by CB stations. The agents further determined that the transmitter set up in the Campos' residence was capable of operating in excess of the four-watt power limitations.
9. From April 10, 2007, to September 10, 2007, the San Francisco Office continued to receive complaints alleging interference by the Campos.
III. DISCUSSION
10. 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. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly.
11. Section 301 of the Act requires 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. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules.
12. Section 95.425(c) of the Rules states that "you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . ." Section 95.409(b) of the Rules states that "[y]ou must not make, or have made, any internal modification to a certificated CB transmitter. . . . Any internal modification to a certificated CB transmitter cancels the certification, and use of such a transmitter voids your authority to operate the station." Section 95.407(a) of the Rules limits CB operators to operation on 40 specific channels. Frequency 27.675 MHz is not listed among those channels. On August 24, 2006, September 29, 2006, and October 10, 2006, the Campos' were warned by the San Francisco Office that subsequent violation of the Commission's Rules could result in monetary forfeitures. On March 16, 2007, an investigation by San Francisco agents revealed that the Campos had modified their CB transmitter to operate on 27.675 MHz, a frequency not authorized for CB use, and observed the Campos operating on 27.675 MHz. We find that the Campos' operated their CB radio station in violation of the Rules, consequently, pursuant to Section 95.404 of the Rules, the Campos' were not authorized to operate under Section 301 of the Act. Based on the evidence before us, we find that the Campos' willfully violated Section 301 of the Act.
13. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operation without an instrument of authorization is $10,000. 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, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that the Campos' are apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Martha and Miguel Campos are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.
15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Martha S.and Miguel G. Campos SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.
16. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to
Federal Communications Commission
, P.O. Box 358340,
Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB 358340,
500 Ross Street, Room 1540670,
Pittsburgh, PA 15251.
Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.
17. The response, if any, must be mailed to
Federal Communications Commission,
Enforcement Bureau, Western Region,
San Francisco Office,
5653 Stoneridge Drive, Suite 105,
Pleasanton, CA, 94588-8543
and must include the NAL/Acct. No. referenced in the caption.
18. 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 practices ("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.
19. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director - Financial Operations, Room 1A625, 445 12th Street, S.W., Washington, D.C. 20554. 20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Martha S. and Miguel G. Campos at their address of record. FEDERAL COMMUNICATIONS COMMISSION Thomas N. Van Stavern District Director San Francisco Office Western Region Enforcement Bureau 47 U.S.C. S: 301. 47 U.S.C. S: 503(b). 47 C.F.R. S: 95.407. 47 C.F.R. S: 95.409. 47 C.F.R. S: 95.407. 47 C.F.R. S: 95.409. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 U.S.C. S: 301. 47 C.F.R. S: 95.404. 47 C.F.R. S: 95.425(c). 47 C.F.R. S: 95.409(b). 47 C.F.R. S: 95.407(a). The authorized frequencies for CB operation range from 26.965 MHz (CB Channel 1) to 27.405 MHz (CB Channel 40). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80. See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission
Before the Federal Communications Commission
Washington, D.C. 20554 ) )
In the Matter of ) File Number EB-07-SF-051
Martha S. and Miguel G. Campos )
NAL/Acct. No. 200832980001
San Jose, California ) FRN: 0017083221 ) )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 31, 2007
By the District Director, San Francisco Office,
Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Martha S. and Miguel G. Campos, owners and operators of a Citizens Band ("CB") radio station in San Jose, California apparently willfully violated Section 301 of the Communications Act of 1934 as amended, by operating a modified CB radio station on a frequency not authorized for CB use. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that the Campos are apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On April 7, 2006, the Enforcement Bureau's San Francisco Office received a complaint alleging intentional interference to CB radio communications on 27.055 MHz. The complaints alleged that the source of the interference was located at the residence of CB radio operators, Martha and Miguel Campos, in San Jose, California.
3. On August 24, 2006, after subsequent complaints, the San Francisco Field Office issued a Warning Letter to Miguel G. Campos ("August Warning Letter"). The Warning Letter informed Mr. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7), he must operate his CB station only on the 40 channels allocated to the CB service and he must not modify his CB radio to operate on any other frequency other than allocated to the service. The August Warning Letter also warned Mr. Campos that pursuant to Section 95.409 of the Rules (CB Rule 9), he must not make, or have made, any internal modification to a FCC certificated CB transmitter. Further, Mr. Campos was warned that if the transmissions continue, he would be investigated during ongoing FCC enforcement efforts and if such an investigation indicates that he had violated the Communications Act or any FCC Rules, he could be subject to severe penalties, including, but not limited to, substantial monetary forfeitures.
4. On August 31, 2006, Mr. Campos replied to the letter acknowledging that he was a CB operator and detailing the CB equipment that he used.
5. On September 29, 2006, in response to continued complaints, the San Francisco Office issued a Warning Letter to Martha S. Campos ("September Warning Letter"). The September Warning Letter informed Mrs. Campos that, pursuant to Section 95.407 of the Rules (CB Rule 7), she must operate her CB station only on the 40 channels allocated to the CB service and she must not modify her CB radio to operate on any other frequency other than allocated to the service. The September Warning Letter also warned Ms. Campos that pursuant to Section 95.409 of the Rules (CB Rule 9), she must not make, or have made, any internal modification to a FCC certificated CB transmitter. Further, Ms. Campos was warned that if the transmissions continue, she would be investigated during ongoing FCC enforcement efforts and if such an investigation indicates that he had violated the Communications Act or any FCC Rules, she could be subject to severe penalties, including, but not limited to, substantial monetary forfeitures.
6. On October 27, 2006, Martha and Miguel Campos came to the San Francisco Office to discuss the warning letters they had received. A San Francisco agent clarified some of the CB Rules to them and again warned them about the consequences of not following the CB Rules.
7. During the period of November 2, 2006, to February 2, 2007, the San Francisco Office continued to receive complaints alleging interference by the Campos.
8. On March 16, 2007, San Francisco agents, using mobile direction finding techniques, located the source of the alleged interfering signal on 27.675 MHz to the Campos' residence in San Jose, California. The San Francisco agents monitored the transmission of one-way communications on 27.675 MHz. The agents also conducted an inspection of the Campos' CB station and found two CB transmitters that were set up and connected to outdoor antennas at Campos's residence. By conducting on/off tests, the agents confirmed that one of the transmitters had been modified to operate on frequency 27.675 MHz, a frequency that is not authorized for use by CB stations. The agents further determined that the transmitter set up in the Campos' residence was capable of operating in excess of the four-watt power limitations.
9. From April 10, 2007, to September 10, 2007, the San Francisco Office continued to receive complaints alleging interference by the Campos.
III. DISCUSSION
10. 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. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly.
11. Section 301 of the Act requires 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. Individual licenses are not required to operate CB radio stations. Section 95.404 of the Rules provides a blanket authorization to all CB users, provided that their stations are operated in accordance with the Rules.
12. Section 95.425(c) of the Rules states that "you must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies . . . ." Section 95.409(b) of the Rules states that "[y]ou must not make, or have made, any internal modification to a certificated CB transmitter. . . . Any internal modification to a certificated CB transmitter cancels the certification, and use of such a transmitter voids your authority to operate the station." Section 95.407(a) of the Rules limits CB operators to operation on 40 specific channels. Frequency 27.675 MHz is not listed among those channels. On August 24, 2006, September 29, 2006, and October 10, 2006, the Campos' were warned by the San Francisco Office that subsequent violation of the Commission's Rules could result in monetary forfeitures. On March 16, 2007, an investigation by San Francisco agents revealed that the Campos had modified their CB transmitter to operate on 27.675 MHz, a frequency not authorized for CB use, and observed the Campos operating on 27.675 MHz. We find that the Campos' operated their CB radio station in violation of the Rules, consequently, pursuant to Section 95.404 of the Rules, the Campos' were not authorized to operate under Section 301 of the Act. Based on the evidence before us, we find that the Campos' willfully violated Section 301 of the Act.
13. Pursuant to The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base forfeiture amount for operation without an instrument of authorization is $10,000. 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, and history of prior offenses, ability to pay, and other such matters as justice may require. Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that the Campos' are apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Martha and Miguel Campos are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for violations of Section 301 of the Act.
15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Martha S.and Miguel G. Campos SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.
16. Payment of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to
Federal Communications Commission
, P.O. Box 358340,
Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB 358340,
500 Ross Street, Room 1540670,
Pittsburgh, PA 15251.
Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911-6106.
17. The response, if any, must be mailed to
Federal Communications Commission,
Enforcement Bureau, Western Region,
San Francisco Office,
5653 Stoneridge Drive, Suite 105,
Pleasanton, CA, 94588-8543
and must include the NAL/Acct. No. referenced in the caption.
18. 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 practices ("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.
19. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture under an installment plan should be sent to: Associate Managing Director - Financial Operations, Room 1A625, 445 12th Street, S.W., Washington, D.C. 20554. 20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Martha S. and Miguel G. Campos at their address of record. FEDERAL COMMUNICATIONS COMMISSION Thomas N. Van Stavern District Director San Francisco Office Western Region Enforcement Bureau 47 U.S.C. S: 301. 47 U.S.C. S: 503(b). 47 C.F.R. S: 95.407. 47 C.F.R. S: 95.409. 47 C.F.R. S: 95.407. 47 C.F.R. S: 95.409. Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 U.S.C. S: 301. 47 C.F.R. S: 95.404. 47 C.F.R. S: 95.425(c). 47 C.F.R. S: 95.409(b). 47 C.F.R. S: 95.407(a). The authorized frequencies for CB operation range from 26.965 MHz (CB Channel 1) to 27.405 MHz (CB Channel 40). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S:1.80. 47 U.S.C. S: 503(b)(2)(E). 47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80. See 47 C.F.R. S: 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 4 Federal Communications Commission
How was she?