####  Before the 

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-02-PA-105

Amethyst International, Inc. )

Point Pleasant Beach, New Jersey ) NAL/Acct. No. 200232400002

)

) FRN 0006-8162-01

)

## 

## MEMORANDUM OPINION AND ORDER 

**Adopted: June 20, 2003 Released: June 24, 2003**

By the Chief, Enforcement Bureau:

**I. INTRODUCTION**

1\. In this *Memorandum Opinion and Order ("Order*"), we cancel the
proposed monetary forfeiture in the amount of ten thousand dollars
(\$10,000), issued to Amethyst International, Inc. ("Amethyst") for its
apparent willful violation of Section 301 of the Communications Act of
1934, as amended ("Act").[^1] However, we admonish Amethyst for the
violation which caused harmful interference to the Coast Guard.

2\. On June 5, 2002, the Commission's Philadelphia, Pennsylvania, Field
Office ("Philadelphia Office") issued a *Notice of Apparent Liability
for Forfeiture* ("*NAL*")[^2] to Amethyst in the amount of ten thousand
dollars (\$10,000). Amethyst filed a response to the *NAL* on July 8,
2002.

**II.** **BACKGROUND**

3.  On February 25, 2002, a Commission agent from the Philadelphia
    Office received a call from the United States Coast Guard advising
    him that a constant signal was being transmitted on VHF Marine
    Channel 16 (156.8 MHz). The signal, which had been on the air for
    approximately two hours, was causing harmful interference, affecting
    the ability of Coast Guard Stations Manasquan and Barnegat Light,
    New Jersey, to monitor channel 16 for transmissions from vessels in
    distress.

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4.  On February 25, 2002 at approximately 8:45 p.m., two agents from the
    Philadelphia office located the source of the signal transmitting on
    156.8 MHz by using mobile direction finding techniques. The agents
    determined that the signal was emanating from the Beach Motel at 202
    Arnold Avenue, Point Pleasant Beach, New Jersey. Inside the motel
    lobby, the agents discovered a Realistic MTX-100 marine radio and
    noted that it was transmitting on Marine Channel 16 (156.8 MHz). The
    microphone was wedged between the body of the radio and the counter,
    causing a constant signal. At approximately 9:00 p.m., Mr. John
    Fernicola, the owner of the motel, arrived. Mr. Fernicola
    disconnected and removed the radio. Mr. Fernicola acknowledged that
    neither he nor Amethyst had a license to operate a coast station in
    the Maritime Radio Service.

5.  On February 26, 2002, the Philadelphia Office sent Amethyst a
    warning letter which explained that operation of the unlicensed
    marine coast station on frequency 156.8 MHz at the Beach Motel
    violated Section 301 of the Act. The letter also outlined the
    potential penalties for operating the unlicensed station, which
    included seizure of the equipment, fines, and imprisonment. On March
    4, 2002, Amethyst submitted a response to the warning letter.

6.  On June 5, 2002, the Philadelphia Office issued a *NAL* to Amethyst
    for its unlicensed operation of a marine coast station on VHF Marine
    Channel 16 (156.8 MHz) in violation of Section 301 of the Act. On
    July 8, 2002, Amethyst filed a response to the *NAL* in which it
    requests cancellation or reduction of the proposed forfeiture.

**III. DISCUSSION**

7\. The forfeiture amount in this case was proposed in accordance with
Section 503(b) of the Act,[^3] Section 1.80 of the Commission's Rules
("Rules"),[^4] and *The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines*, 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303
(1999). In examining Amethyst's response, Section 503(b) of the Act
requires that the Commission take into account the nature,
circumstances, extent and gravity of the violation 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.[^5]

8\. Section 301 of the Act sets forth the general mandate 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. Further, Section
80.13 of the Rules requires that any land station operating in the
Maritime Radio Service be licensed.[^6] On February 25, 2002, Amethyst
operated a marine coast station on Marine Channel 16 (156.8 MHz) which
adversely affected the Coast Guard's ability to monitor for
transmissions from vessels in distress, and it did so without a license.

9.  In its response, Amethyst states that, contrary to what is stated in
    the *NAL*, it did not admit responsibility or guilt in its response
    to the warning letter and that its response clearly denies any
    willful intent to violate the rules. In fact, Amethyst posits that
    this singular incidence of interference resulted from a purely
    accidental and inadvertent activation of the radio transmitter, that
    Amethyst did not install the equipment and that it did not even
    intend its presence at the Beach Motel. Amethyst also asserts that
    it has never authorized the use of the equipment by any employee for
    any purpose, that the equipment was in existence as found when
    Amethyst assumed operations of the Beach Motel, that it believed the
    power supply to the radio had been disconnected and that any
    operation of the equipment was impossible. Amethyst further asserts
    that it provides each front desk clerk and manager with a published
    set of rules specifically disallowing the use of cellular phones,
    personal communications equipment, radios or any other equipment
    other than the front desk switch board and reservation system.
    Additionally, Amethyst points out that there is no allegation that
    this was anything but a singular event or that the transmission
    alleged to have emanated from the Beach Motel contained any audible
    transmissions. Furthermore, Amethyst asserts that it immediately
    removed the equipment, that it has no prior history of violations
    with the FCC, and that the forfeiture amount is excessive. Finally,
    Amethyst states that it was never its intention to maintain a
    transmitter at this location for any purpose and that Amethyst's
    previous statement, that the equipment was for monitoring purposes
    only, reflected the inferences made by the two field agents about
    why the previous owner probably installed the equipment and that the
    statement did not represent Amethyst's purpose or motive in leaving
    the equipment as found.

    10\. After considering the totality of Amethyst's response to the
    *NAL,* specifically the good faith steps taken by Amethyst to ensure
    that the radio was not used, we believe that cancellation of the
    forfeiture is appropriate. Nevertheless, we find that it is also
    appropriate to admonish Amethyst for its violation of Section 301 of
    the Act, which caused harmful interference to Coast Guard
    operations.

    **IV. ORDERING CLAUSES**

11\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 0.111,
0.311, and 1.80(f)(4) of the Rules,[^7] the forfeiture in the amount of
ten thousand dollars (\$10,000) proposed in the June 5, 2002 *NAL*
issued to Amethyst International, Inc. **IS CANCELLED**.

12\. **IT IS FURTHER ORDERED** that Amethyst **IS ADMONISHED** for its
unlicensed operation of a marine coast station on VHF Marine Channel 16
(156.8 MHz) from the Beach Motel in Point Pleasant Beach, New Jersey on
February 25, 2002, which caused harmful interference to the Coast Guard.

13\. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
by first class and Certified Mail Return Receipt Requested to Amethyst
International, Inc., 202 Arnold Avenue, Point Pleasant Beach, New Jersey
08742.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: ^?^ 47 U.S.C. § 301.

[^2]: ^?^ *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200232400002 (Enf. Bur., Philadelphia Office, released June 5,
    2002).

[^3]: ^?^ 47 U.S.C. § 503(b).

[^4]: ^?^ 47 C.F.R. § 1.80.

[^5]: ^?^ 47 U.S.C. § 503(b)(2)(D).

[^6]: ^?^ 47 C.F.R. § 80.13.

[^7]: ^?^ 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).