**Before the**

#  Federal Communications Commission

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-06-BS-158       |
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| Eliandro B.Ramos                 | ) | NAL/Acct. No. 200732260002      |
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| Danbury, CT                      | ) | FRN 0016388233                  |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+
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+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

> Released: April 26, 2007

By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:

**I. INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Eliandro B. Ramos ("Ramos") apparently willfully and
    repeatedly violated Section 301 of the Communications Act of 1934,
    as amended (\"Act\"),[^1] by operating on the frequency of 296.550
    MHz without Commission authorization. We conclude, pursuant to
    Section 503(b) of the Communications Act of 1934, as amended,[^2]
    that Ramos is apparently liable for a forfeiture in the amount of
    ten thousand dollars (\$10,000).

**II. BACKGROUND**

2.  On November 29, 2006, the Commission received a complaint that an
    authorized United States government user was receiving harmful
    interference from an unauthorized station operating on 296.550 MHz
    in the Danbury, Connecticut area. The harmful interference was
    obstructing and interfering with a government communications system.

3.  On December 29, 2006, an agent from the FCC's Boston Field Office
    monitored transmissions on the frequency 296.550 MHz and, using
    mobile direction-finding techniques, determined that the source of
    the transmissions was a residential house at 10 Hobson Street in
    Danbury, CT. The transmissions were detected by the agent from more
    than four miles from the residence. The agent also observed a
    horizontally polarized antenna mounted on the roof. The agent
    further determined that a vehicle parked at the Hobson Street
    residence was registered with the Connecticut Department of Motor
    Vehicles to Ramos.

4.  On April 5, 2007, a field agent again detected transmissions on
    296.550 MHz and determined the source of the transmission as the
    Hobson Street residence. The agent observed a horizontally polarized
    antenna mounted on the roof of the residence and a satellite dish
    mounted on the side of the residence at ground level. The agent also
    observed at the Hobson Street residence the vehicle registered to
    Ramos that was observed on December 29, 2006.

5.  On April 19, 2007, agents conducted an inspection at the Hobson
    Street residence. During the inspection, agents positively
    identified Ramos from his driver's license. Ramos admitted to
    operating the station and the transmitting equipment observed during
    the inspection. The transmitter was measured at an output power of 7
    watts and found to be capable of transmitting on the frequency
    296.550 MHz. The agents also found transmission equipment in Ramos's
    vehicle, which had a measured output power of 22 watts.

6.  Based on the agents' experience with horizontally polarized antennas
    and the distance over which the signals were heard, the agents
    determined that the signals broadcast on December 29, 2006 and April
    5, 2007, exceeded the limits for operation under Part 15 of the
    Commission's Rules ("Rules") and therefore required a license.[^3]
    Pursuant to the Table of Allocations, the 267-322 MHz Band is
    allocated solely for Federal Government use.[^4] In the band 255 --
    328.6 MHz, the fixed and mobile services are limited to the military
    services.[^5] The use of the band 235 - 322 MHz is allocated on a
    primary basis to the mobile-satellite service, limited to military
    operations.[^6] As a non-governmental entity, Ramos is not eligible
    to receive a license to operate in the 267-322 MHz Band.

**III. DISCUSSION**

7.  Section 503(b) of the Act provides that any person who willfully
    fails to comply substantially with the terms and conditions of any
    license, or willfully 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) has been interpreted to mean
    simply that the acts or omissions are committed knowingly.[^7] The
    term \"repeated\" means the commission or omission of such act more
    than once or for more than one day.[^8]

8.  Section 301 of the Act requires that no person shall use or operate
    any apparatus for the transmission of energy or communications or
    signals by radio within the United States except under and in
    accordance with the Act and with a license. In particular, Section
    301 states that "\[n\]o person shall use or operate any apparatus
    for the transmission of energy or communications or signals by
    radio (a) from one place in any State, Territory, or possession of
    the United States or in the District of Columbia to another place in
    the same State, Territory, possession, or District; . . . except
    under and in accordance with this chapter and with a license in that
    behalf granted under the provisions of this chapter."[^9] FCC agents
    determined that, on December 29, 2006, and April 5, 2007, an
    unlicensed radio station operated on 296.550 MHz from Ramos's
    residence in Danbury, CT. During an inspection on April 19, 2007,
    Ramos admitted to operating radio transmitting equipment on 296.550
    MHz from his residence. Based on the evidence before us, we find
    that Ramos apparently willfully and repeatedly violated Section 301
    of the Act by operating radio transmission apparatus without a
    license.

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 for the service is \$10,000.[^10] 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 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] Applying
    the *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Ramos is apparently
    liable for a \$10,000 forfeiture

**IV. 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
    and 1.80 of the Commission\'s Rules, Eliandro B. Ramos is hereby
    NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount
    of ten thousand dollars (\$10,000) for violations of Section 301 of
    the Act.[^12]

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, Eliandro B. Ramos 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 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.

13. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, Boston Office, 1
    Batterymarch Park, Quincy, MA, 02169 and must include the NAL/Acct.
    No. referenced in the caption.

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. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^13]

16. 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 Eliandro B. Ramos at 10
    Hobson Street, Danbury, CT, 06810.

FEDERAL COMMUNICATIONS COMMISSION

Dennis Loria

District Director

Boston Office

Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 503(b).

[^3]: Section 15.209 of the Rules provides that non-licensed
    broadcasting between 216-960 MHz band is permitted only if the field
    strength of the transmission does not exceed 200 μV/m at three
    meters. 47 C.F.R. § 15.209. Devices compliant with Part 15 typically
    have a range of less than one mile.

[^4]: *See* 47 C.F.R. § 2.106.

[^5]: 47 C.F.R. § 2.106, Federal Government Footnote G27.

[^6]: 47 C.F.R. § 2.106, Federal Government Footnote G100.

[^7]: 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).

[^8]: 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.\"

[^9]: 47 U.S.C. § 301.

[^10]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^11]: 47 U.S.C. § 503(b)(2)(E).

[^12]: 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^13]: *See* 47 C.F.R. § 1.1914.