**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-TP-249      |
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| Accessory Connection Inc.         | ) | NAL/Acct. No.200232700019     |
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| C/O Jon Hannan, Jr.               | * | FRN 0007-3078-12              |
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| 1205 Dewar Court                  | * |                               |
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| Palm Bay, Florida 32905           | ) |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** August 5, 2002

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
    find Accessory Connection Inc. ("Accessory"), apparently liable for
    a forfeiture in the amount of twenty thousand dollars (\$20,000) for
    willful and repeated violation of Sections 301 and 302(b) of the
    Communications Act of 1934, as amended ("Act").[^1] Specifically, we
    find Accessory Connection Inc. apparently liable for operation of
    radio transmission equipment without the required Commission
    authorization and use of a radio frequency device that failed to
    comply with Commission regulations.

**II. BACKGROUND**

2.  On April 29, 2002, the Commission's Tampa Field Office ("Tampa
    Office") received a complaint of interference to a cellular radio
    site in Jensen Beach, Florida. The interference reportedly emanated
    from a cellular antenna light display unit located in a retail kiosk
    operated by Accessory located in the Treasure Coast Square Mall in
    Jensen Beach, Florida. The Tampa Office contacted the cellular
    telephone company experiencing the interference. A representative of
    the cellular telephone company stated that they had notified
    personnel operating the Accessory store that operation of the device
    caused interference to their cellular radio system. The cellular
    company representative hand-delivered to personnel operating the
    Accessory store the FCC Public Notice (DA#02-401) that warns vendors
    and operators of the potential of interference to cellular
    communications and of the potential violations and penalties for
    operating cellular antenna light display units.

3\. On April 30, 2002, agents of the Tampa Office traveled to the
Treasure Coast Square Mall, Jensen Beach, Florida to investigate the
interference complaint. The agents approached the Accessory kiosk and
noted a cellular antenna light display unit, but it was not operating at
the time. The agents asked a sales person if an antenna light would
operate on a cellular phone. The sales person replied, "Yes, let me turn
it on." The agents then conducted an inspection of the cellular antenna
light display unit. The unit was not certified by the FCC. Furthermore,
based on field strength measurements taken by the agents of the device's
signal, this device required a license to operate. FCC records showed
that there was no authorization to operate this device. A warning letter
was left with Accessory's sales person, along with a verbal warning that
the device must not be turned on. The sales person signed the warning
letter acknowledging its receipt as "Amanda Rogers."

4\. On May 20, 2002, the Tampa Office received another complaint from
the cellular telephone system licensee stating that, on May 18, 2002,
between 6:30 and 9:00 P.M., the cellular antenna light display unit
located at Accessory Connection in Jensen Beach, Florida interfered with
cellular telephone communications.

> 5\. On May 22, 2002, the Tampa Office mailed, via certified mail
> return receipt requested, an official Citation to Mr. Jon Hannan, Jr.,
> president and registered agent of Accessory. The Citation warned
> Accessory that operation of non-certified cellphone antenna light
> display units violated the Act and the Commission's Rules, explained
> the penalties for such violations, and ordered that such violations
> cease immediately. A signed certified receipt evidenced Accessory's
> receipt of the Citation on May 25, 2002.
>
> 6\. On June 13, 2002, an agent from the Tampa Office traveled to the
> Treasure Coast Square Mall in Jensen Beach, Florida. Upon arrival he
> observed a cellular antenna light display unit operating at the
> Accessory kiosk. The agent verified with the cellular telephone
> company that interference was being received and customers were not
> able to make cellular calls. The agent then returned to the Accessory
> kiosk to conduct an inspection and make field strength measurements.
> Again, the agent found a cellular antenna light display unit that was
> not in compliance with FCC requirements because it was not certified
> and operated without required Commission authorization. A verbal
> warning was given to the Accessory sales person that the device must
> not be turned on. The sales person turned the device off. A check with
> the cellular telephone company verified that they were no longer
> receiving interference.

**III**. **DISCUSSION**

7.  Section 301 of the Act sets forth generally that no person shall use
    or operate any apparatus for the transmission of energy of
    communications or signals by radio within the United States except
    under and in accordance with the Act and with a license. On April 30
    and June 13, 2002, Accessory operated radio transmission equipment,
    namely a cellphone antenna light display unit, without benefit of
    the required Commission license.[^2] Section 302 of the Act
    authorizes the Commission to regulate equipment capable of emitting
    radio frequency energy that may cause interference to radio
    communications. Section 302(b) further states that no person shall
    use such devices that fail to comply with Commission regulations. On
    April 30 and June 13, 2002, Accessory operated a radio frequency
    device, namely a cellphone antenna display unit, that did not
    possess the required FCC equipment certification, that exceeded the
    radiation limitations for such devices, and that caused harmful
    interference.[^3]

8.  Based on the evidence before us, we find Accessory Connection Inc.
    willfully[^4] and repeatedly[^5] violated Sections 301 and 302(b) of
    the Communications Act of 1934, as amended, by operating an
    unauthorized cellular antenna light display unit without the
    required Commission authorization.

9.  Pursuant to Section 1.80(b)(4) of the Rules,[^6] the base forfeiture
    amount for operation of radio transmission equipment without an
    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)(D) of the Communications Act of 1934, as
    amended, which include 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.[^7] Accessory's
    violations are repeated, and occurred after repeated written and
    verbal warnings, and Accessory's violations caused harmful
    interference to authorized radio communications. Therefore,
    considering the entire record and applying the factors listed above,
    this case warrants an upwards adjustment of the base forfeiture
    amount from \$10,000 to \$20,000.

**IV. ORDERING CLAUSES**

10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^8] and Sections 0.111, 0.311 and 1.80 of the Rules,[^9]
    Accessory Connection Inc. is hereby NOTIFIED of this APPARENT
    LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars
    (\$20,000) for willful and repeated violation of Sections 301 and
    302(b) of the Act by operating a radio frequency device without the
    required license, and using a device that failed to comply with the
    Commission's regulations.

11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this *NAL*, Accessory
    Connection Inc. SHALL PAY the full amount of the proposed forfeiture
    or SHALL FILE a written statement seeking reduction or cancellation
    of the proposed forfeiture.

12. Payment of the forfeiture may be made 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. and FRN
    referenced above. Requests for payment of the full amount of this
    *NAL* under an installment plan should be sent to: Chief, Revenue
    and Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^10]

13. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

14. 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.

15. IT IS FURTHER ORDERED THAT a copy of this *NAL* shall be sent by
    regular mail and Certified Mail Return Receipt Requested to
    Accessory Connection Inc., c/o Jon Hannan, Jr., 1205 Dewar Court,
    Palm Bay, Florida 32905.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

###  Tampa Office, Enforcement Bureau

[^1]: 47 U.S.C. §§ 301 and 302a(b)

[^2]: Section 301 of the Act generally requires issuance of an
    individual license to operate radio transmission equipment. Part 15
    of the Commission's Rules allows operation of certain very low power
    devices without issuance of an individual license provided the
    devices meet equipment authorization requirements and the strict
    radiation limits of the Commission's Rules. *See* 47 C.F.R. § 15.1,
    *et seq*. The device operated by Accessory far exceeded the allowed
    radiation limits for such low-power *non-licensed* devices. *See* 47
    C.F.R. § 15.209.

[^3]: *See* 47 C.F.R. §§ 15.201(b), 15.209, and 15.5.

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 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 . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^5]: The term "repeated," when used with reference to the commission or
    omission of any act, "means the commission or omission of such act
    more than once or, if such commission or omission is continuous, for
    more than one day." 47 U.S.C. § 312(f)(2).

[^6]: 47 C.F.R. § 1.80(b)(4).

[^7]: 47 U.S.C. § 503(b)(2)(D).

[^8]: 47 U.S.C. § 503(b).

[^9]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^10]: *See* 47 C.F.R. § 1.1914.