Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-04-SF-150        |
|                                  |   |                                 |
| Raimundo P. Silva                | ) | NAL/Acct. No. 200532960001      |
|                                  |   |                                 |
| Former Licensee of Amateur       | ) | FRN 0009808163                  |
| Station KD6SXG                   |   |                                 |
|                                  | ) |                                 |
| Brentwood, California            |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## FORFEITURE ORDER

**Adopted: July 25, 2005 Released: July 27, 2005**

By the Regional Director, Western Region, Enforcement Bureau:

# I. INTRODUCTION

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of five hundred dollars (\$500) to
    Raimundo P. Silva ("Silva"), former licensee of Amateur Station
    KD6SXG, for willful and repeated violations of Section 301 of the
    Communications Act of 1934, as amended (\"Act\").[^1] The noted
    violations involve unauthorized operation by Silva on a frequency
    reserved for federal government use only.

# II. BACKGROUND

2.  On April 12, 2004, the Commission's San Francisco Field Office
    received a complaint that an authorized United States government
    user was receiving harmful interference from an unauthorized station
    that obstructed and interfered with satellite communications. On
    April 19, 2004, San Francisco Office field agents, using electronic
    direction finding techniques, detected unauthorized civilian
    terrestrial transmissions on the reserved federal government
    frequency. The agents took bearings of the radio signal which
    indicated the source of the signal to be a station in the vicinity
    of Silva's residence in Brentwood, California. Between April and
    October, 2004, the San Francisco agents detected, traced and
    documented numerous instances of both stationary and mobile
    unauthorized radio operations by Silva.

3.  According to Commission records, Silva was issued a General Class,
    amateur radio operator license with call sign KD6SXG, on February
    23, 1993.[^2] The license was renewed on October 31, 2003, and will
    expire on October 31, 2013. Pursuant to Section 97.103(a) of the
    Rules, licensed amateur radio operators are responsible for the
    proper operation of their stations in accordance with the
    Commission's Rules.[^3] Licensed amateur operators are authorized to
    operate on the frequencies listed Section 97.301 of the Rules, as
    designated by their operator class and license.[^4] In order to use
    designated frequencies in the amateur bands, amateur operators must
    follow the frequency sharing requirements in Section 97.301 of the
    Rules and the United States Table of Frequency Allocations
    ("Table"), found in Sections 2.105 and 2.106[^5] of the Rules.[^6]
    The Table lists the use of the frequency band 267 -- 322 MHz as
    Federal Government only.[^7] A review of Commission records reveals
    no record of a license for the use of any frequency within this band
    issued to Silva.

4.  On October 26, 2004, the San Francisco Office issued a *Notice of
    Apparent Liability for Forfeiture* ("*NAL*") in the amount of
    \$20,000 to Silva.[^8] Also on October 26, 2004, agents inspected
    Silva's radio equipment. Silva admitted operating radio equipment in
    the frequency band reserved for federal government use without a
    license, but asserted he was unaware that his unauthorized radio
    transmissions interfered with the federal government users'
    authorized operations. Silva subsequently voluntarily relinquished
    all of his radio equipment for both the mobile and fixed systems and
    surrendered his amateur license. After receiving an extension of
    time, Silva filed a response to the *NAL* on December 10, 2004
    ("Response"). In his Response, Silva does not contest the finding
    that he violated Section 301 of the Act. Instead, he asks that the
    proposed forfeiture be cancelled or reduced on the grounds that when
    notified of the violation, Silva voluntarily relinquished his
    operating equipment to the San Francisco agents and then surrendered
    his amateur license to the Commission. He also argues that he is
    unable to pay the proposed forfeiture and, to support this claim,
    supplies three years of tax records.

# III. DISCUSSION

5.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^9] Section 1.80 of the
    Rules,[^10] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
    303 (1999) ("*Forfeiture Policy Statement*"). In examining Silva's
    response, Section 503(b) of the Act requires that the Commission
    take into account 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.[^11]

6.  Section 301 of the Act requires that no person shall use or operate
    any apparatus for the transmission of energy or communications or
    signal by radio except under and in accordance with this Act and
    with a license granted under the provisions of this Act.[^12] Silva
    does not contest the instant violation. Instead he asks that the
    proposed forfeiture amount be reduced or cancelled because he
    voluntarily surrendered his operating equipment and his amateur
    license to the Commission. He also supplies three years of tax
    records to support his claim that he is unable to pay the proposed
    forfeiture amount. Having reviewed Silva's response along with the
    supporting financial documentation we conclude, consistent with
    precedent, that a reduction of the proposed forfeiture to \$500 is
    appropriate.[^13]

7.  We have examined Silva's response to the *NAL* pursuant to the
    statutory factors above, and in conjunction with the *Forfeiture
    Policy Statement*. As a result of our review, we conclude that Silva
    willfully and repeatedly violated Section 301 of the Act.
    Considering the entire record and the factors listed above, we find
    that reduction of the proposed forfeiture is warranted, given
    Silva's voluntary surrender of his operating equipment and his
    amateur license, and his ability to pay. Accordingly, the forfeiture
    amount is reduced from twenty thousand dollars (\$20,000) to five
    hundred dollars (\$500).

# IV. ORDERING CLAUSES

8.  **ACCORDINGLY, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended ("Act"), and Sections
    0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Raimundo P.
    Silva **IS LIABLE FOR A MONETARY FORFEITURE** in the amount of \$500
    for willfully and repeatedly violating Section 301 of the Act.[^14]

9.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    *Order*. If the forfeiture is not paid within the period specified,
    the case may be referred to the Department of Justice for collection
    pursuant to Section 504(a) of the Act.[^15] Payment of the
    forfeiture must be made by check or similar instrument, payable to
    the order of the Federal Communications Commission.  The payment
    must include the NAL/Acct. No. and FRN No. referenced above. 
    Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911- 6106. Requests for full payment under an installment
    plan should be sent to: Chief, Revenue and Receivables Group, 445
    12th Street, S.W., Washington, D.C. 20554.[^16]

10. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class Mail and Certified Mail Return Receipt Requested to
    Raimundo P. Silva at his address of record.

**FEDERAL COMMUNICATIONS COMMISSION**

Rebecca L. Dorch

Regional Director, Western Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: In accordance with Part 97 of the Commission's Rules, operation of
    an amateur station requires an amateur operator license grant from
    the FCC. Before receiving a license grant, an applicant must pass an
    examination which contains one telegraphy (Morse code) element and
    three written elements which establish the applicant's level of
    operational and technical ability in performing properly the duties
    of an amateur service licensee. The class for which each examinee is
    qualified is determined by the degree of skill and knowledge in
    operating a station that the examinee demonstrates at the
    examination. There are six classes of amateur operator licenses. The
    higher the license class, the more expertise the licensee must
    demonstrate and the greater the frequency privileges the amateur
    operator is authorized. In ascending order, the classes of amateur
    operator license grants are: Novice, Technician, Technician Plus,
    General, Advanced and Amateur Extra. *See 1998 Biennial Regulatory
    Review -- Amendment of Part 97 of the Commission's Amateur Service
    Rules*, 13 FCC Rcd 15798 (1998).

[^3]: 47 C.F.R. § 97.103(a).

[^4]: 47 C.F.R. § 97.301.

[^5]: 47 C.F.R. §§ 2.105, 2.106.

[^6]: *See* 47 C.F.R. § 97.303.

[^7]: 47 C.F.R. § 2.106.

[^8]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200532960001 (Enf. Bur., Western Region, San Francisco Office,
    released October 26, 2004).

[^9]: 47 U.S.C. § 503(b).

[^10]: 47 C.F.R. § 1.80.

[^11]: 47 U.S.C. § 503(b)(2)(D).

[^12]: 47 U.S.C. § 301.

[^13]: *See*, *e.g.*, *Ronald E. Sauer*, 19 FCC Rcd 14884 (EB 2004);
    *Kornwell Chan*, 16 FCC Rcd 14893 (EB 2001).

[^14]: 47 U.S.C. §§ 301, 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^15]: 47 U.S.C. § 504(a).

[^16]: *See* 47 C.F.R. § 1.1914.