**Before the**

## Federal Communications Commission {#federal-communications-commission .unnumbered}

## Washington, D.C. 20554 {#washington-d.c.-20554 .unnumbered}

**In the Matter of** )

> ) File No. EB-03-DT-021

Ronald E. Sauer )

) NAL/Acct. No. 200332360006

Bedford Heights, Ohio )

) FRN: 0008-9043-36

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: May 6, 2003

By the District Director, Detroit Office, Enforcement Bureau:

# I. INTRODUCTION {#i.-introduction .unnumbered}

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Ronald E. Sauer, ("Sauer"), licensee of amateur radio
    station WE8E, Bedford Heights, Ohio, has apparently violated
    Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's
    Rules ("Rules")[^1]. Respectively, these sections require that no
    amateur operator shall willfully or maliciously interfere with or
    cause interference to any radio communications or signal; no amateur
    station shall transmit music; and each amateur station must transmit
    its assigned call sign. We conclude that Sauer is apparently liable
    for a forfeiture in the amount of twelve thousand dollars
    (\$12,000).

## BACKGROUND

2.  On January 24, 2003, the Detroit Office received information that
    deliberate jamming to a Canadian amateur net operation was occurring
    daily on the frequency 7.055 MHz. The complaint also indicated that
    bearings tentatively put the source of the jamming in the Canton,
    Ohio area. On January 25, 2003, and January 26, 2003, the FCC's High
    Frequency Direction Finding ("HFDF") Group observed music being
    played and deliberate jamming occurring on 7.055 MHz. The long
    distance direction finding bearings that the HFDF Group obtained
    indicated that the source of the music and jamming was emanating
    from a station operating in the Cleveland, Ohio area, near the
    intersection of Interstate 480 and Interstate 77.

3.  On January 28, 2003, an agent from the Detroit Office observed a
    station deliberately jamming and playing music on the frequency of
    7.055 MHz.

4.  On January 30, 2003, the Detroit Office received information
    indicating that deliberate jamming had occurred on this date. The
    information also said that the interference was emanating from an
    amateur radio station located at 23260 Cannon Road, Bedford Heights,
    Ohio, licensed to amateur radio operator, Ronald E. Sauer, WE8E.

5.  On January 31, 2003, an agent from the Detroit Office was dispatched
    to further investigate the source of the deliberate jamming
    occurring on 7.055 MHz. The agent heard music being played and
    deliberate jamming occurring on the frequency of 7.055 MHz. Using
    radio direction finding techniques, at approximately 3:20 P.M., the
    agent located the source of the interference emanating from 23260
    Cannon Road, Bedford Heights, Ohio. The agent conducted an
    inspection, and Ronald E. Sauer, an amateur radio operator, license
    WE8E, admitted that he had been playing music and deliberately
    jamming the frequency of 7.055 MHz. He further admitted to jamming
    and playing music on this frequency on previous days.

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II. **DISCUSSION**

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6.  Section 97.101(d) requires that no amateur operator shall willfully
    or maliciously interfere with or cause interference to any radio
    communications or signal. Section 97.113(a)(4) requires that no
    amateur station shall transmit music using a phone emission, except
    as specifically provided elsewhere in this section. Section
    97.119(a) requires that each amateur station, except a space station
    or telecommand station, must transmit its assigned call sign on its
    transmitting channel at the end of each communication, and 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 transmissions. No station may transmit
    unidentified communications or signals, or transmit as the station
    call sign, any call sign not authorized to the station.

7.  Based on the evidence before us, we find that Sauer willfully[^2]
    and repeatedly[^3] violated Section 97.101(d) for an amateur radio
    operator willfully or maliciously causing interference to radio
    communications; Section 97.113(a)(4) for transmitting music from his
    amateur radio station and Section 97.119(a) for failure to transmit
    the station identification of his amateur station. *The Commission's
    Forfeiture Policy Statement and Amendment of Section 1.80 of the
    Rules to Incorporate the Forfeiture Guidelines*, 12 FCC Rcd 17087,
    17113 (1997), *recon. denied*, 15 FCC Rcd 303(1999) ("*Forfeiture
    Policy Statement*")[^4], sets the base forfeiture amount at \$7,000
    for causing interference, \$4,000 for transmitting unauthorized
    emissions and, \$1,000 for failure to provide station
    identification. In assessing the monetary forfeiture amount, we must
    take into account the statutory factors set forth in Section
    503(b)(2)(D) 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.
    Applying the *Forfeiture Policy Statement* and the statutory factors
    to the instant case and applying the inflation adjustments, we
    believe that a twelve thousand dollar (\$12,000) monetary forfeiture
    is warranted.

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III. **ORDERING CLAUSES**

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8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act and Sections 0.111, 0.311 and 1.80 of the Rules[^5], Ronald E.
    Sauer 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 Rules.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty (30) days of the release date of this NOTICE OF
    APPARENT LIABILITY, Sauer 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. 200332360006,
    FRN: 0008-9043-36.

11. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12th Street, S.W., Washington, D.C. 20554 and MUST
    INCLUDE the NAL/Acct. No. 200332360006, FRN: 0008-9043-36 .

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. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Federal
    Communications Commission, Chief, Revenue and Receivables Operations
    Group, 445 12th Street, S.W., Washington, D.C. 20554.[^6]

14. 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 and
    Public Safety Division, Enforcement Bureau, Federal Communications
    Commission, 445 12th Street S.W., Washington, D.C. 20554. 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 any questions
    regarding any of the information contained in Attachment A, please
    contact OCBO at (202) 418-0990

15. IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT LIABILITY shall
    be sent by Certified Mail, Return Receipt Requested, to Ronald E.
    Sauer, 23260 Cannon Road, Bedford Heights, Ohio 44146.

FEDERAL COMMUNICATIONS COMMISSION

James A. Bridgewater

District Director

Detroit Office, Enforcement Bureau

Attachment A -- FCC List of Small Entities, October 2002

[^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 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]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]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.

[^4]: 47 C.F.R. § 1.80.

[^5]: 47 C.F.R. §§ 0.111, and 0.311.

[^6]: See 47 C.F.R. § 1.1914.