Federal Communications Commission

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**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

GNOTS Reserve, Inc. )

WXS4872 ) File No. EB-00-OR-062

Destrehan, Louisiana ) NAL/Acct . No. X3262009

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

### Released: August 23, 2000

By the Enforcement Bureau, New Orleans Field Office:

**I.** **INTRODUCTION**

1\. In this Notice of Apparent Liability for Forfeiture, we find that
GNOTS Reserve, Inc. ("GNOTS"), licensee of marine fleet license WXS4872,
has apparently violated Section 80.373(f) of the Commission's Rules
("Rules") by operating radio transmitting equipment on a frequency not
authorized by this section.[^1] We conclude that GNOTS is apparently
liable for forfeiture in the amount of four thousand dollars (\$4,000).

**II.** **BACKGROUND**

2\. GNOTS operates several towboats in the Mississippi River under
marine fleet license WXS4872, including the vessels TOMCAT and KOOLCAT.
A marine fleet license authorizes vessels covered by the license to
transmit on certain VHF marine channels as specified in Section
80.373(f) of the Rules.

3\. On May 12, 1999, an agent from the Commission's New Orleans Field
Office ("Field Office"), observed transmissions on a channel not
permitted by Section 80.373(f) of the Rules (156.075 MHz). Those
transmissions were determined to be coming from the vessel TOMCAT.

4\. On May 10, 2000, an agent from the Field Office again observed
transmissions on a channel not permitted by Section 80.373(f) of the
Rules (157.175 MHz). Those transmissions were determined to be coming
from the vessel KOOLCAT.

5\. On May 18, 2000, GNOTS was sent a Notice of Violation ("NOV") for
operating on a frequency not authorized by the Rules. On June 13, 2000,
GNOTS submitted a reply to the NOV.

**III**. **DISCUSSION**

6\. Section 80.373(f) of the Rules lists all frequencies authorized for
use between ship and private coast stations in the VHF marine band
(156-162 MHz). The vessels TOMCAT and KOOLCAT were not using these
frequencies when the Field Office agent observed them on May 12, 1999
and May 10, 2000, respectively. Therefore, those transmissions were not
authorized for use under the marine fleet station license granted to
GNOTS by the Commission. In its June 13, 2000 reply to the NOV, GNOTS
states that all of its vessel operators have been informed of the
violation and sternly warned not to operate on unauthorized frequencies.
However, while this action is commendable, GNOTS was previously warned
about operation on unauthorized frequencies by letter dated May 13,
1999, following the incident involving the vessel TOMCAT. In addition,
this warning letter included a listing of properly authorized
frequencies for use by ship and private coast stations.

7\. Based on the evidence before us, we find that on May 10, 2000, GNOTS
willfully[^2] violated Section 80.373(f) of the Rules by operating radio
transmitting equipment on a frequency that was not authorized.

8\. Pursuant to Section 1.80 of the Rules, Guidelines for Assessing
Forfeitures, the base forfeiture amount for operation on an unauthorized
frequency is \$4,000.[^3] In assessing the monetary forfeiture amount,
we must also take into account the statutory factors set forth in
Section 503(b)(2)(D) of the Communications Act of 1934 ("Act"), as
amended, which include the nature, circumstances, extent, and gravity of
the violation(s), 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.[^4] Applying Section 1.80 of the
Rules and statutory factors to the instant case, a \$4,000 forfeiture is
warranted.

**IV. ORDERING CLAUSES**

9\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
the Act,[^5] and Sections 0.111, 0.311 and 1.80 of the Commission\'s
Rules,[^6] GNOTS Reserve, Inc., is hereby **NOTIFIED** of

their **APPARENT LIABILITY FOR A FORFEITURE** in the amount of four
thousand dollars (\$4,000) for violating Section 80.373(f) of the Rules,
47 C.F.R. § 80.373(f).

10\. **IT IS FURTHER ORDERED THAT**, pursuant to Section 1.80 of the
Rules, within

thirty days of the release date of this **NOTICE OF APPARENT
LIABILITY**, GNOTS Reserve, Inc.*,* **SHALL** **PAY** the full amount of
the proposed forfeiture or **SHALL FILE** a written statement seeking
reduction or cancellation of the proposed forfeiture.

11\. Payment of the forfeiture may be made by credit card through the
Commission\'s Credit and Debt Management Center at (202) 418-1995 or by
mailing a check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No.
X3262009

12\. The response if any must be mailed to Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, S.W., Washington,
D.C. 20554, ATTN: Enforcement Bureau -- TPSD, NAL/Acct. No. X3262009,
and must include the NAL/Acct. No. X3262009.

13\. 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; 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.

14\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Credit and
Debt Management Center, 445 12^th^ Street, S.W., Washington, D.C.
20554.[^7]

15\. **IT IS FURTHER ORDERED THAT** a copy of this **NOTICE OF APPARENT
LIABILITY** shall be sent by Certified Mail, Return Receipt Requested,
to GNOTS Reserve, Inc., P. O. Box 1147, Destrehan, Louisiana 70047.

FEDERAL COMMUNICATIONS COMMISSION

James C. Hawkins

District Director

New Orleans Field Office

[^1]: 47 C.F.R. § 80.373(f).

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to 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
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^3]: 47 C.F R. § 1.80.

[^4]: 47 U.S.C. § 503(b)(2)(D).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^7]: *See* 47 C.F.R. § 1.1914.