**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+---------------------------------+---+---------------------------------+
| In the Matter of                | ) | File Number: EB-07-TP-183       |
|                                 |   |                                 |
| John Doe[^1]                    | ) | NAL/Acct. No:200832700016       |
|                                 |   |                                 |
| Largo, FL                       | ) | FRN: 0017350919                 |
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|                                 | ) |                                 |
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|                                 | ) |                                 |
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|                                 | ) |                                 |
|                                 |   |                                 |
|                                 | ) |                                 |
|                                 |   |                                 |
|                                 | ) |                                 |
+---------------------------------+---+---------------------------------+

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

Released: April 30, 2008

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that John Doe apparently willfully and repeatedly violated Sections
    301 and 325 of the Communications Act of 1934, as amended
    ("Act"),[^2] by operating radio transmission equipment without a
    license in Largo, Florida, on the International Distress, Safety and
    Calling Channel[^3] and transmitting false signals of distress. We
    conclude, pursuant to Section 503(b) of the Act,[^4] that Mr. Doe is
    apparently liable for a forfeiture in the amount of eighteen
    thousand dollars (\$18,000).

# BACKGROUND

2.  On August 23 and 24, 2007, the Commission's Tampa Office of the
    Enforcement Bureau ("Tampa Office") received complaints from the
    United States Coast Guard ("USCG") St. Petersburg Sector regarding
    interference and false distress/mayday calls they had been receiving
    on channels 16 (156.800 MHz) since August 13, 2007.[^5] The USCG
    stated they had dispatched ships and aircraft to search for the
    caller in response to several of these false distress calls.[^6] On
    at least one of these calls, the USCG stated the caller identified
    his location as an area in close proximity to where he was
    eventually apprehended.

3.  On August 24, 2007, the USCG contacted an agent from the Tampa
    Office, who was en route to locate the source of the false distress
    calls, and stated they had used direction finding techniques to
    determine that the false distress calls were emanating from a
    location in or near a mobile home community in Largo, Florida. The
    USCG also stated that the Largo Police Department had just
    apprehended and were taking into custody a student, who lived in
    this mobile home community and who had several radios, including a
    marine radio, in his bedroom rigged to a 12 volt marine battery and
    whip antenna.

4.  On August 24, 2007, Mr. Doe confessed to an officer with the Largo
    Police Department that he stole a marine radio from a boat and used
    it to make five false distress/mayday calls to the USCG from his
    bedroom. The Largo Police Department arrested Mr. Doe on this date
    on charges unrelated to the false distress calls and confiscated one
    marine radio, two CB radios, and a marine battery from Mr. Doe's
    bedroom and a whip antenna from outside his bedroom window.
    According to Commission records, Mr. Doe does not hold a license to
    operate a marine radio on land. On August 30, 2007, agents from the
    Tampa Office confirmed that the marine radio confiscated from Mr.
    Doe's bedroom could in fact operate on channel 16 (156.800 MHz).

# 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.[^7] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^8]

6.  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.[^9] Section 80.13 of the
    Rules states that, except for ship stations, stations in the
    maritime service must be licensed by the FCC either individually or
    by fleet.[^10] According to USCG transmission logs, between August
    13 and August 23, 2007, five false distress calls and several
    unauthorized communications were made to the USCG on channel 16
    (156.800 MHz), the International Distress, Safety and Calling
    Channel. On August 24, 2007, using direction finding techniques, the
    USCG identified the source of the transmissions to Mr. Doe's
    neighborhood. On August 24, 2007, Mr. Doe admitted to a Largo Police
    Officer that he operated a radio from his bedroom on several
    occasions between August 13 and August 23, 2007. On August 24, 2007,
    the Largo Police found and confiscated a marine radio that had been
    inside Mr. Doe's bedroom, that was later determined capable of
    operating on channel 16, and an antenna just outside of his bedroom.
    According to Commission records, Mr. Doe does not hold a license to
    operate a marine radio on land. Based on the evidence before us, we
    find that Mr. Doe apparently willfully and repeatedly violated
    Section 301 of the Act by operating radio transmission apparatus
    without a license.

7.  Section 325(a) of the Act states that no person within the
    jurisdiction of the United States shall knowingly utter or transmit
    any false or fraudulent signals of distress.[^11] Section 80.334 of
    the Rules states that a distress alert is false if it was
    transmitted without any indication that a mobile unit or person was
    in distress and required immediate assistance.[^12] According to
    USCG transmission logs, between August 13 and August 23, 2007, five
    false distress calls were made to the USCG on channel 16 (156.800
    MHz), the International Distress, Safety and Calling Channel. The
    USCG dispatched ships and aircraft on several of the false distress
    calls, thus putting the pilots and crew of the search and rescue
    vessels at risk and potentially diverting resources from responding
    to an actual emergency had one occurred during the time the ships
    and aircraft were responding to the false distress calls. On August
    24, 2007, using direction finding techniques, the USCG identified
    the source of the false distress calls to Mr. Doe's neighborhood. On
    August 24, 2007, Mr. Doe admitted to a Largo Police Officer that he
    made five false distress calls from his bedroom to the USCG. On
    August 24, 2007, the Largo Police found and confiscated a marine
    radio that had been inside Mr. Doe's bedroom, that was later
    determined capable of operating on channel 16, and an antenna just
    outside of his bedroom. Based on the evidence before us, we find
    that Mr. Doe apparently willfully and repeatedly violated Section
    325 of the Act by making false distress calls to the USCG.

8.  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 the base forfeiture for
    violation of false distress communications is \$8,000.[^13] 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.[^14] Applying
    the *Forfeiture Policy Statement*, Section 1.80 of the Rules, and
    the statutory factors, we conclude that a \$18,000 forfeiture is
    warranted.

# ORDERING CLAUSES

9.  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, John Doe is hereby
    **NOTIFIED** of this **APPARENT LIABILITY FOR A FORFEITURE** in the
    amount of eighteen thousand dollars (\$18,000) for violation of
    Sections 301 and 325 of the Act.[^15]

10. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules, within thirty (30) days of the release date of
    this Notice of Apparent Liability for Forfeiture, John Doe **SHALL
    PAY** the full amount of the proposed forfeiture or **SHALL FILE** a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

11. 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/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\[**s**\] by wire transfer may be
    made to ABA Number 021030004, receiving bank TREAS/NYC, 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.   Please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: <ARINQUIRIES@fcc.gov> with any questions
    regarding payment procedures.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Tampa Office,
    2203 N. Lois Ave., Suite 1215, Tampa Florida, 33607, within
    thirty (30) days from the release date of this Notice of Apparent
    Liability for Forfeiture and must include the NAL/Acct. No.
    referenced in the caption.

13. 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 John Doe at his address of
    record.

FEDERAL COMMUNICATIONS COMMISSION

Ralph Barlow

District Director

Tampa Office

South Central Region

Enforcement Bureau

[^1]: Name redacted due to age of individual.

[^2]: 47 U.S.C. §§ 301, 325.

[^3]: The frequency 156.800 MHz, channel 16, is the international
    distress, safety and calling channel. *See* 47 C.F.R. §
    80.369(e)(3).

[^4]: 47 U.S.C. § 503(b).

[^5]: The USCG also mentioned that they had received interference on
    channels 21 and 22a.

[^6]: The USCG maintains an aural watch on channel 16 to, among other
    things, respond to distress calls.

[^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. 156.7-156.9 MHz is a restricted band for purposes
    of Part 15 of the Rules. Thus, under no circumstances may
    non-licensed Part 15 devices operate on this band. *See* 47 C.F.R. §
    15.205(a).

[^10]: 47 C.F.R. § 80.13(a).

[^11]: 47 U.S.C. § 325(a).

[^12]: 47 C.F.R. § 80.334.

[^13]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^14]: 47 U.S.C. § 503(b)(2)(E).

[^15]: 47 C.F.R. §§ 0.111, 0.311, 47 U.S.C. §§ 301, 325.