**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 Rules[^6] 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 12^th^ 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.