**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | EB-08-AT-0212                   |
|                                  |   |                                 |
| Dale Lloyd Allred                | ) | NAL/Acct. No.200932480001       |
|                                  |   |                                 |
| Tunnel Hill, Georgia             | ) | FRN 0018065417                  |
|                                  |   |                                 |
|                                  | ) |                                 |
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|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: October 16, 2008

By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Dale Lloyd Allred of Tunnel Hill, Georgia, apparently
    willfully and repeatedly violated Sections 301 and 333 of the
    Communications Act of 1934, as amended ("Act")[^1] by operating an
    unlicensed transmitter on the frequency 157.5675 MHz, in Dalton,
    Georgia and interfering with licensed radio communications. We
    conclude, pursuant to Section 503(b) of the Act,[^2] that Mr. Allred
    is apparently liable for a forfeiture in the amount of seventeen
    thousand dollars (\$17,000).

# BACKGROUND

2.  On August 8, 2008, in response to several complaints of interference
    to school bus radio operations from Dalton Communications, Inc.,
    licensee with call sign WQFN711 ("Dalton Communications"), agents
    from the Commission's Atlanta Office of the Enforcement Bureau
    ("Atlanta Office") monitored the frequency 157.5675 MHz in Dalton,
    Georgia and observed repeated radio transmissions being transmitted
    directly on top of school bus transmissions, often disrupting the
    school bus radio transmissions.[^3] The agents, using a mobile
    direction--finding vehicle, identified the location of the
    interfering radio transmissions as the office and radio shop for
    Tri-County Communications ("TCC Shop").

3.  On that same day, the agents from the Atlanta Office conducted an
    inspection of radio equipment at the TCC Shop and interviewed TCC
    Shop's chief executive officer, Mr. Allred, who admitted that he had
    intentionally operated a radio transmitter on 157.5675 MHz to cause
    the interference. Mr. Allred also stated that he had transmitted on
    157.5675 MHz on other days during the summer months. Mr. Allred
    explained that he was interfering with Dalton Communications'
    transmissions, because Dalton Communications had taken the school
    bus communications contract away from his company. Mr. Allred
    identified the handheld Kenwood model transceiver that he used to
    transmit on 157.5675 MHz, and the agents performed a test
    transmission verifying that the unit operated on 157.5675 MHz.

4.  According to the manufacturer, Kenwood only manufactures hand-held
    transceivers for operation under Parts 90, 97, and 95 of the
    Commission's Rules ("Rules"). Accordingly, use of the Kenwood
    transceiver to operate on 157.5675 MHz exceeded the limits for
    operation under Part 15 of the Rules and therefore required a
    license.[^4] A search of the Commission's databases revealed no
    authorization to operate on 157.5675 MHz from the TCC Shop. Indeed,
    Dalton Communications is the only licensee authorized to operate on
    157.5675 MHz in Dalton, GA.

# DISCUSSION

5.  Section 503(b) of the Act provides that any person who willfully or
    repeatedly fails to comply substantially with the terms and
    conditions of any license, or willfully or repeatedly fails to
    comply with any of the provisions of the Act or of any rule,
    regulation or order issued by the Commission thereunder, shall be
    liable for a forfeiture penalty. The term "willful" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^5] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^6]

6.  Section 301 of the Act states that "\[n\]o person shall use or
    operate any apparatus for the transmission of energy or
    communications or signals by radio ... except under and in
    accordance with this Act and with a license in that behalf granted
    under the provisions of this Act." On August 8, 2008, agents from
    the Atlanta Office, using direction finding techniques, determined
    that a transmission on 157.5675 MHz emanated from the TCC Shop in
    Dalton, GA. The agents interviewed Mr. Allred, who admitted that he
    had intentionally transmitted on that frequency on several days over
    the course of the summer. Mr. Allred showed the agents his handheld
    transceiver, which was capable of operating on 157.5675 MHz.

7.  Section 333 of the Act states that "\[n\]o person shall willfully or
    maliciously interfere with or cause interference to any radio
    communications of any station licensed ... under this Act." The
    Atlanta Office received several complaints from Dalton
    Communications that someone was interfering with its licensed
    communications on 157.5675 MHz. On August 8, 2008, agents from the
    Atlanta Office observed key clicks and DTMF tones disrupting school
    bus communications on 157.5675 MHz. On August 8, 2008, agents from
    the Atlanta Office determined that the interfering transmissions on
    157.5675 were emanating from the TCC Shop in Dalton, GA. On August
    8, 2008, Mr. Allred admitted to operating a handheld transceiver on
    157.5675 MHz to interfere with Dalton Communications' licensed
    transmissions. Mr. Allred stated that he had done so on several days
    over the course of the summer.

8.  Based on the evidence before us, we find that Mr. Allred apparently
    willfully and repeatedly violated Sections 301 and 333 of the Act by
    operating an unlicensed radio transmitter and interfering with
    licensed radio communications.

9.  Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* ("*Forfeiture Policy Statement*"), and Section 1.80 of
    the Rules, the base forfeiture amount for operation without an
    instrument of authorization is \$10,000 and for interference is
    \$7,000.[^7] In assessing the monetary forfeiture amount, we must
    also take into account the statutory factors set forth in Section
    503(b)(2)(E) of the Act, which include the nature, circumstances,
    extent, and gravity of the violations, and with respect to the
    violator, the degree of culpability, and history of prior offenses,
    ability to pay, and other such matters as justice may require.[^8]
    Applying the *Forfeiture Policy Statement*, Section 1.80 of the
    Rules, and the statutory factors to the instant case, we conclude
    that Mr. Allred is apparently liable for a \$17,000 forfeiture.

# ORDERING CLAUSES

10. Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Dale Lloyd Allred
    is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of seventeen thousand dollars (\$17,000)
    for violation of Sections 301 and 333 of the Act.[^9]

11. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Dale Lloyd Allred
    **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 must be made by credit card, check or
    similar instrument, payable to the order of the Federal
    Communications Commission. The payment must include the Account
    Number and FRN Number referenced above. Payment by check or money
    order may be mailed to Federal Communications Commission, P.O. Box
    979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
    sent to U.S. Bank -- Government Lockbox #979088, SL-MO-C2-GL, 1005
    Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may
    be made to ABA Number 021030004, receiving bank Federal Reserve Bank
    of New York, and account number 27000001. For payment by credit
    card, an FCC Form 159 (Remittance Advice) must be submitted.  When
    completing the FCC Form 159, enter the NAL/Account number in block
    number 23A (call sign/other ID), and enter the letters "FORF" in
    block number 24A (payment type code). Requests for full payment
    under an installment plan should be sent to:  Chief Financial
    Officer \-- Financial Operations, 445 12th Street, S.W., Room
    1-A625, Washington, D.C.  20554.[^10]   If you have questions,
    please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
    Mr. Allred will send electronic notification on the date said
    payment is made to SCR-Response@fcc.gov.

13. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Atlanta
    Office, 3575 Koger Blvd., Suite 320, Duluth, GA 30096 and must
    include the NAL/Acct. No. referenced in the caption.

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.

14. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Dale Lloyd Allred at his
    address of record.

FEDERAL COMMUNICATIONS COMMISSION

Douglas G. Miller

Atlanta Office

South Central Region

Enforcement Bureau

[^1]: 47 U.S.C §§ 301, 333.

[^2]: 47 U.S.C. § 503(b).

[^3]: The interfering transmissions were brief microphone key "clicks"
    immediately followed by a series of DTMF tones.

[^4]: Section 15.209 of the Rules provides that non-licensed
    broadcasting in the 88-216 MHz band is permitted only if the field
    strength of the transmission does not exceed 150 μV/m at three
    meters. 47 C.F.R. § 15.209. Mr. Allred's transmissions triggered
    Dalton Communications' repeater, which was located 3.7 miles away
    from the TCC Shop. Devices compliant with Part 15 typically have a
    range far less than this distance.

[^5]: 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 or
    any rule or regulation of the Commission authorized by this Act...."
    *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387 (1991).

[^6]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that "\[t\]he 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."

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(E).

[^9]: 47 U.S.C. §§ 503(b), 301, 333, 47 C.F.R. §§ 0.111, 0.311, 0.314,
    1.80.

[^10]: ^8^ *See* 47 C.F.R. § 1.1914.