**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

**Paul E. Holcombe** )

) File No. 99-HU-077

Licensee of Amateur Radio Station K4TOF )

Houston, TX ) NAL/Acct.No. X3254-002

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

# Released: January 13, 2000

By the Enforcement Bureau, Houston Office:

**I. INTRODUCTION**

1\. This is a Notice of Apparent Liability for Forfeiture pursuant to
Section 503(b) of the Communications Act of 1934, as amended (the
"Communications Act"),[^1] and Section 1.80 of the Commission's
Rules,[^2] against Paul E. Holcombe ("Holcombe"), licensee of Amateur
Radio Station K4TOF, Houston, Texas. We find that Holcombe operated his
Amateur Radio station so as to willfully and maliciously cause
interference to radio communications in apparent willful violation of
Section 333 of the Communications Act[^3] and Section 97.101(d) of the
Commission's Rules,[^4] and transmitted unidentified communications in
apparent willful violation of Section 97.119(a) of the Commission's
Rules.[^5] For the reasons discussed below, we conclude that Holcombe is
apparently liable for a forfeiture in the amount of \$8000.

**II. BACKGROUND**

2\. From 1993 through 1999, the Commission's Houston Office received
complaints of alleged intentional interference to users of the Memorial
Emergency Repeater Association's 145.470/144.870 MHz repeater in
Houston, Texas ("MERA repeater"). The interference was allegedly caused
by stations transmitting unidentified tones, inflammatory or derogatory
remarks, and unmodulated signals, none of which were identified with an
FCC-assigned call sign.

3\. On May 25, 1999, a Commission agent, using a mobile automatic
direction finding ("MADF") vehicle to monitor the MERA repeater,
observed a radio signal consisting of unidentified tones and remarks
being transmitted on the input frequency of the MERA repeater. The agent
simultaneously monitored the output frequency of the MERA repeater and
observed that this signal would transmit immediately after other
stations would commence transmitting, resulting in interference to
communications already in progress on the MERA repeater. At about 8:08
p.m., using the MADF equipment and direction-finding techniques, the
agent determined that the source of the unidentified interfering
transmissions was a silver Toyota bearing Texas license plate DVZ74F.
This vehicle was registered to Paul E. Holcombe, license holder of
Amateur Radio Service license K4TOF. Immediately thereafter, a
Commission agent conducted an interview with Holcombe and an inspection
of amateur radio equipment inside the silver Toyota. An amateur radio
transceiver was found inside the vehicle, tuned to the MERA repeater
frequency pair and capable of transmitting on the MERA repeater
frequency. Holcombe admitted owning the vehicle and the amateur radio
transceiver, and admitted to being the licensee of Amateur Radio Station
K4TOF. Holcombe denied intentionally making any radio transmissions that
day.

4\. On June 2, 1999, the Commission's Houston Office issued to Holcombe
an Official Notice of Violation citing violation of 47 U.S.C. § 333 and
47 C.F.R. § 97.101(c) (willful or malicious interference), and 47 C.F.R.
§ 97.119 (failure to identify amateur communications).[^6]

5\. On June 5, 1999, the Commission's Houston Office received a letter
from Holcombe dated June 4, 1999, in response to the Official Notice of
Violation. In the response letter, Holcombe stated that although his
amateur radio station may have been inadvertently activated on May 25,
1999, Holcombe denied any intent to interfere with other stations.
Holcombe also stated that he suffered from a nerve disorder in his hands
making it difficult for him to manipulate the controls of the amateur
radio transceiver in his vehicle.

**III. DISCUSSION**

6\. Section 333 of the Communications Act and Section 97.101(d) of the
Commission's Rules both prohibit willful or malicious interference to
radio communications. Section 97.119(a) of the Commission's Rules
prohibits the transmission of unidentified communications in the Amateur
Radio Service.

7\. Section 503(b) of the Communications Act and Section 1.80(a) of the
Commission's Rules both state that any person who willfully or
repeatedly fails to comply with the provisions of the Communications Act
or the Commission's Rules shall be liable for a forfeiture penalty. For
purposes of Section 503(b) of the Communications Act, the term "willful"
means that the violator knew that it was taking the action in question,
irrespective of any intent to violate any provision of the
Communications Act or the Commission's Rules.[^7]

8\. Based on the evidence before us, we find that on May 25, 1999, Paul
E. Holcombe did use his Amateur Radio Station K4TOF to transmit radio
communications and, in so doing, willfully and maliciously interfere
with Amateur Radio communications already in progress, in apparent
willful violation of Section 333 of the Communications Act and Section
97.101(d) of the Commission's Rules; and failed to identify those
communications, in apparent willful violation of Section 97.119(a) of
the Commission's Rules. The interference was willful and malicious in
that Holcombe timed his transmissions to commence just after other
stations had begun transmitting, resulting in harmful interference to
communications already in progress. Also, both violations were willful
in that Holcombe sought to conceal his identity by altering the sound of
his normal voice and omitting the required FCC identification.

9\. The Commission's *Forfeiture Policy Statement*, which became
effective October 14, 1997, sets a base forfeiture amount of \$7000 for
intentional interference and \$1000 for failure to identify.[^8] 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,[^9] that 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. Applying the *Policy
Statement* and statutory factors to the instant case, a monetary
forfeiture in the amount of \$8000 is warranted.

**IV. ORDERING CLAUSES**

10\. Accordingly, **IT IS ORDERED**, pursuant to Section 503(b) of the
Communications Act and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,[^10] that Paul E. Holcombe is hereby **NOTIFIED** of
his **APPARENT LIABILITY FOR MONETARY FORFEITURE** in the amount of
**EIGHT THOUSAND DOLLARS (\$8000)** for the willful violation of Section
333 of the Communications Act, Section 97.101(d) of the Commission's
Rules, and Section 97.119(a) of the Commission's Rules.

11\. **IT IS FURTHER ORDERED**, pursuant to Section 1.80 of the
Commission's Rules, that **WITHIN THIRTY (30) DAYS** of the release of
this Notice, **PAUL E. HOLCOMBE SHALL PAY** to the United States the
full amount of the monetary forfeiture[^11] OR **SHALL FILE** a written
statement showing why the forfeiture should be reduced or
cancelled.[^12] The payment or statement should be marked with NAL/Acct.
No: X3254-002.

12\. **IT IS FURTHER ORDERED** that this notice shall be sent, by
certified mail, return receipt requested, to Paul E. Holcombe, 15103
Mira Vista, Houston, TX 77083.

**FEDERAL COMMUNICATIONS COMMISSION**

Loyd P. Perry

Resident Agent, Houston Office

[^1]: ^?^ 47 U.S.C. § 503(b)

[^2]: ^?^ 47 C.F.R. § 1.80

[^3]: ^?^ 47 U.S.C. § 333

[^4]: ^?^ 47 C.F.R. § 97.101(d)

[^5]: ^?^ 47 C.F.R. § 97.119(a)

[^6]: ^?^ Official Notice of Violation dated June 2, 1999. The Notice
    accurately stated the correct wording but erroneously cited "47
    C.F.R. § 97.101(c)" instead of the correct citation "47 C.F.R. §
    97.101(d)."

[^7]: ^?^ *See* 47 U.S.C. § 312(f)(1); *see also Southern California
    Broadcasting Co*., 6 FCC Rcd 4387 (1991).

[^8]: ^?^ *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Commission's Rules*, 12 FCC Rcd 17087 (1997),
    *recon. pending*; 47 C.F.R. § 1.80(b).

[^9]: ^?^ 47 U.S.C. § 503(b)(2)(D)

[^10]: ^?^ 47 C.F.R. §§ 0.111, 0.311, and 1.80.

[^11]: ^?^ Payment may be made by credit card by calling the
    Commission's Credit and Debt Management Center at 202-418-1995, or
    by check or similar instrument payable to the "Federal
    Communications Commission" and mailed to: Federal Communications
    Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. Please
    mark the payment with the NAL/Acct. No.

[^12]: ^?^ Mail written statements to: Office of the Secretary, Federal
    Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
    20554, ATTN: Enforcement Bureau, Mail Stop 1500E3-DLH. A claim of
    inability to pay should be supported by tax returns or other
    financial statements prepared under generally accepted accounting
    procedures for the most recent three-year period. Requests for
    payment under installment plans should be mailed to: Chief, Credit
    and Debt Management Center, Rm. 1-A820, FOD / AMD-HRM, Federal
    Communications Commission, 445 12th Street, S.W., Washington, DC,
    20554.