**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number: EB-07-BS-164      |
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| John Doe                          | ) | NAL/Acct. No: 200832260001     |
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| Jamaica Plain, MA                 | * | FRN: 0007823198                |
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## ORDER

**Adopted:** October 31, 2008 **Released:** November 4, 2008

By the Regional Director, Northeast Region, Enforcement Bureau:

I.  **INTRODUCTION**

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1.  In this Order ("*Order*"), we cancel the proposed forfeiture and
    admonish John Doe ("Doe")[^1] for willfully and repeatedly violating
    Section 301 of the Communications Act of 1934, as amended
    ("Act"),[^2] by operating radio transmission equipment in Jamaica
    Plain, Massachusetts, on land mobile channels reserved exclusively
    for use by public safety entities.

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II. **BACKGROUND**

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2.  On October 22, 2007, the Boston Police Department reported by
    telephone to the Boston Office of the FCC's Enforcement Bureau that
    it was receiving interference to its radio communications system.
    Because the interference was intermittent, the Telecommunications
    Director advised the Boston Office that he would provide additional
    information so that agents would know the best time of day to try to
    locate the interfering signal with FCC direction finding equipment.

3.  On October 25, 2007, the Telecommunications Director contacted the
    Boston Office and reported that, on October 24, 2007, police
    officers had arrested Doe, who admitted to operating on police radio
    channels.[^3] According to the police reports submitted to the
    Boston Office, Doe admitted at the time of his arrest on October 24,
    2007, to purchasing the radios in April 2007 and providing the radio
    vendors with Boston Police radio codes so that the radios could be
    programmed with those channels.[^4] Doe stated to police on October
    24, 2007, that he had discovered that his transmissions were
    disrupting police radio communications three days prior, *i.e.*,
    beginning on October 21, 2007. At the time of the arrest, police
    confiscated two radios, a Yaesu radio transceiver and a Motorola
    two-way handheld radio transceiver.

4.  On October 25, 2007, an agent with the FCC's Boston Office met with
    Boston police and examined the radios confiscated from Doe. The
    agent confirmed that the radios were programmed with Boston Police
    radio Channel 4, as well as Channel 1.[^5] The agent also determined
    that the Yaesu transceiver was capable of emitting a tone that
    measures approximately 1740 Hz.  This type of tone is not typically
    found on public safety radios and can be easily identified when
    monitoring radio transmissions.

5.  On November 20, 2007, the Boston Police Department submitted a log
    showing the dates and times the police radio system received
    interference from a radio transceiver that was emitting a tone
    similar to the tone that Doe\'s Yaesu transmitter emits.
    Specifically, the log shows that, during the three day period during
    which Die admits to knowingly operating on police Channel 4, *i.e.*,
    October 21, 2007 to October 24, 2007, there were seven instances in
    which normal police transmissions were interrupted by a tone similar
    to the tone the Yaesu transmitter emits.

6.  On November 27, 2007, the Boston Field Office issued a Notice of
    Apparent Liability for Forfeiture ("*NAL*") to Doe in the amount of
    \$10,000 for operating radio transmitting equipment on land mobile
    channels reserved exclusively for use by public safety entities.[^6]
    In his response to the *NAL*, Doe does not dispute the findings, but
    requests a cancellation of the forfeiture based on his inability to
    pay.

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III. **DISCUSSION**

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7.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^7] Section 1.80 of the
    Rules,[^8] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines* ("*Forfeiture Policy Statement"*).[^9] In examining
    Doe's response to the *NAL* and his statement of income,[^10]
    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]

8.  After examining the financial documentation submitted by Doe, we
    conclude that cancellation of the forfeiture is warranted, based
    solely on his lack of income. Because of the seriousness of the
    violation, however, we admonish Doe for his willful and repeated
    violation of Section 301 of the Act.

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1.  

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IV. **ORDERING CLAUSES**

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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(f)(4) of the Commission's Rules, that the Notice of
    Apparent Liability for Forfeiture issued to John Doe for violation
    of Section 301 of the Act **IS HEREBY CANCELLED**.[^12]

10. **IT IS FURTHER ORDERED** that John Doe **IS ADMONISHED** for his
    violation of Section 301 of the Act.

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

    FEDERAL COMMUNICATIONS COMMISSION

    G. Michael Moffitt

    Regional Director, Northeast Region

    Enforcement Bureau

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

[^2]: 47 U.S.C. § 301.

[^3]: Doe was arrested on charges unrelated to his operation on police
    radio channels.

[^4]: The police report submitted to the Boston Office is in the form of
    a memorandum from Sergeant Detective Robert Kjersgard, #11621, to
    Captain Christine Michalosky, Area E-13 Commander, dated October 29,
    2007 (CC \# 070598288). The police report also indicated that
    another individual interviewed by police officers admitted to being
    with Doe on October 24, 2007, and observed Doe communicating on a
    hand-held radio with a Boston Police dispatcher.

[^5]: The agent also observed that the radios were programmed with many
    other channels that are not authorized for private use, *e.g.*,
    police detective channels, fire department channels, and housing
    authority channels.

[^6]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200832260001 (Enf. Bur., Boston Office, rel. November 27, 2007).

[^7]: 47 U.S.C. § 503(b).

[^8]: 47 C.F.R. § 1.80.

[^9]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^10]: Because Doe has not filed federal income tax returns, Bureau
    staff requested that Doe submit a signed statement of income.

[^11]: 47 U.S.C. § 503(b)(2)(E).

[^12]: 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4); 47
    U.S.C. § 301.