**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-02-KC-807      |
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| Scott E. Kamm                     | ) | NAL/Acct. No. 200332560008    |
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| Licensee of Amateur Station N0UGN | * | FRN 0006-5376-58              |
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| Sioux City, Iowa                  | * |                               |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: January 24, 2003

By the Enforcement Bureau, Kansas City Office:

> **I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    Scott E. Kamm, licensee of amateur radio station N0UGN, apparently
    liable for a forfeiture in the amount of twelve thousand dollars
    (\$12,000) for willful and repeated violation of Sections 97.101(d),
    97.113(a)(4) and 97.119(a) of the Commission's Rules ("Rules").[^1]
    Specifically, we find Mr. Kamm apparently liable for causing
    intentional interference, broadcasting music and failing to identify
    with his station call sign.

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II. **BACKGROUND**

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2.  On December 9, 2002, in response to complaints of continuing
    interference on Amateur Radio Service frequency 146.31 MHz, an agent
    of the Commission's Kansas City Field Office monitored the
    frequency. At approximately 7:00 P.M., the agent observed very
    strong signals on the frequency 146.31 MHz consisting of music,
    sound effects and unmodulated carriers. No station identification
    was transmitted. These transmissions were observed interfering with
    existing communications that were in progress between other amateur
    stations. Using radio direction finding equipment and techniques,
    the agent determined the source of these interfering signals to be
    Mr. Kamm's residence located at 1950 207^th^ St., Waterbury,
    Nebraska.

3.  On December 10, 2002, at approximately 5:34 A.M., the agent
    monitored 146.31 MHz and again observed very strong transmissions
    consisting of music, sound effects and unmodulated carriers
    interfering with existing communications that were in progress
    between other amateur stations. No station identification was
    transmitted. Using radio direction finding equipment and techniques,
    the agent determined the source of these signals again to be Mr.
    Kamm's residence located at 1950 207^th^ St., Waterbury, Nebraska.

4.  Still on December 10, 2002, the agent inspected Mr. Kamm's amateur
    radio station N0UGN at his residence at 1950 207^th^ St., Waterbury,
    Nebraska. The agent found an amateur radio transmitter capable of
    operating on 146.31 MHz. Mr. Kamm stated that no transmissions are
    made from his station and that he uses it to receive only. Mr. Kamm
    stated that no other persons operated the radio station.

**III**. **DISCUSSION**

5.  Section 97.101(d) of the Rules states no amateur operator shall
    willfully or maliciously interfere with or cause interference to any
    radio communication or signal. Section 97.113(a)(4) of the Rules
    prohibits any amateur station from transmitting music using a phone
    emission. Section 97.119(a) of the Rules requires each amateur
    station to transmit its assigned call sign on its transmitting
    channel at the end of each communication or at least every 10
    minutes during a communication, for the purpose of clearly making
    the source of the transmissions from the station known to those
    receiving the transmission. No station may transmit unidentified
    communications or signals, or transmit as the station call sign, any
    call sign not authorized to the station. Scott E. Kamm is the
    licensee of amateur radio station N0UGN. On December 9 and 10, 2002,
    Mr. Kamm's amateur radio station transmitted unidentified
    transmissions consisting of music, sound effects, and unmodulated
    carriers. These transmissions occurred during ongoing transmissions
    by other authorized amateur radio stations, resulting in
    interference to those transmissions.

6.  Based on the evidence before us, we find that Mr. Kamm willfully[^2]
    and repeatedly[^3] violated Sections 97.101(d), 97.113(a)(4) and
    97.119(a) of the Rules by causing intentional interference,
    broadcasting music and failing to identify with his station call
    sign.

7.  Pursuant to Section 1.80(b)(4) of the Rules,[^4] the base forfeiture
    amount for intentional interference is \$7,000. The base forfeiture
    amount for failure to identify a station is \$1,000. The Rules do
    not establish a base forfeiture amount for violating the
    Commission\'s amateur radio rules regarding transmission of music.
    Therefore, we must determine an appropriate forfeiture amount for
    this violation.[^5] The rule that amateur stations not broadcast
    music is similar in both nature and severity to the use of
    unauthorized emissions. Section 1.80(b)(4) of the Rules sets the
    base forfeiture amount at \$4,000 for use of an unauthorized
    emission. Therefore, we will assess the base forfeiture for an
    amateur station broadcasting music in the amount of \$4,000. 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 ("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."[^6] Considering the entire record and applying the
    factors listed above, this case warrants a \$12,000 forfeiture.

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IV. **ORDERING CLAUSES**.

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8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^7] and Sections 0.111, 0.311 and 1.80 of the Rules,[^8]
    Scott E. Kamm is hereby NOTIFIED of this APPARENT LIABILITY FOR A
    FORFEITURE in the amount of twelve thousand dollars (\$12,000) for
    willful and repeated violation of Sections 97.101(d), 97.113(a)(4)
    and 97.119(a) of the Commission's Rules for causing intentional
    interference, broadcasting music and failing to identify with his
    station call sign.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NAL, Scott E. Kamm
    SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

10. 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.[^9]

11. 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.

12. 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.

13. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Technical &
    Public Safety Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your

response or failure to respond to this question will have no effect on
your rights and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO at (202)
418-0990.

14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Scott E.
    Kamm, 3290 N. Martha Lot 80, Sioux City, IA. 51105. An additional
    copy shall be sent by regular mail and Certified Mail Return Receipt
    Requested to Scott E. Kamm, 1950 207^th^ St., Waterbury, NE
    68785-2605.

FEDERAL COMMUNICATIONS COMMISSION

Robert C. McKinney

###  District Director

###  Kansas City Office

###  Enforcement Bureau

Attachment

[^1]: 47 C.F.R. §§ 97.101(d), 97.113(a)(4) and 97.119(a).

[^2]: 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
    (1991).

[^3]: 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).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: *See The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines
    ("Forfeiture Policy Statement")*, 12 FCC Rcd 17087 (1997), *recon.
    denied* 15 FCC Rcd 303 (1999). The *Forfeiture Policy Statement*
    states that "\... any omission of a specific rule violation from the
    \... \[forfeiture guidelines\] \... should not signal that the
    Commission considers any unlisted violation as nonexistent or
    unimportant." *Forfeiture Policy Statement*, 12 FCC Rcd at 17099.
    The Commission retains the discretion, moreover, to depart from the
    Forfeiture Policy Statement and issue forfeitures on a case‑by‑case
    basis, under its general forfeiture authority contained in Section
    503 of the Act. *Id*.

[^6]: 47 U.S.C. § 503 (b)(2)(D).

[^7]: 47 U.S.C. § 503(b).

[^8]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^9]: *See* 47 C.F.R. § 1.1914.