**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-02-NY-124

)

Gateway Security Systems, Inc. ) NAL/Acct. No. 200232380003

Jamaica, NY )

) FRN: 0007-1609-22

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: August 19, 2002**

By the District Director, New York Office, Enforcement Bureau:

# I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Gateway Security Systems, Inc., has apparently violated
    Section 301 of the Communications Act of 1934 ("Act"),[^1] as
    amended, by operating a repeater station on 464.0375 MHz and
    portable radio transmitting equipment on 469.0375 MHz. We conclude
    that Gateway Security Systems, Inc., is apparently liable for
    forfeiture in the amount of ten thousand dollars (\$10,000).

###### II. BACKGROUND

2.  On May 23, 2002, the FCC New York Office, received a complaint of
    interference affecting the frequency pair 464.050/469.050 MHz, from
    a FCC licensed user.

3.  On May 24, 2002, Commission agents using direction finding
    techniques positively located the source of the interference to
    Gateway Security Systems, Inc., at Terminal #4, JFK International
    Airport, Jamaica, NY. The agents determined that Gateway Security
    Systems, Inc., operated a repeater station on 464.0375 MHz and
    portable transceivers on 469.0375 MHz. There was no evidence of a
    Commission authorization for this operation in Jamaica, NY.

4.  On May 30, 2002, the New York Office sent a Warning Letter for
    unlicensed operation, by First Class and Certified Mail Return
    Receipt Requested, to Gateway Security Systems, Inc. The New York
    Office did not receive a reply to the Warning Letter.

### III. DISCUSSION

5.  Section 301 of the Act sets forth generally 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 granted
    under the provisions of the Act.

6.  Based on the evidence before us, we find that Gateway Security
    Systems, Inc., operated radio transmission equipment on 464.0375 and
    469.0375 MHz on May 24, 2002, without a Commission authorization in
    willful[^2] violation of Section 301 of the Act.

7.  *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*")[^3], sets the base
    forfeiture amount for operation without an instrument of
    authorization at \$10,000. 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,[^4] 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 ten thousand dollar (\$10,000)
    monetary forfeiture is warranted.

##### IV. ORDERING CLAUSES

8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act[^5] and Sections 0.111, 0.311 and 1.80 of the Commission's
    Rules[^6], Gateway Security Systems, Inc., is hereby NOTIFIED of
    their APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
    thousand dollars (\$10,000) for willfully violating Section 301 of
    the Act.

9.  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, Gateway Security Systems, Inc., 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. 200232380003
    and FRN: 0007-1609-22.

11. Any response to this NAL 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. 200232380003.

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: Chief,
    Revenue and Receivable Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^7]

14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail Return Receipt Requested
    to Gateway Security Systems, Inc., Building 14 -- Second Floor, JFK
    International Airport, Jamaica, NY 11430.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

> New York Office

[^1]: 47 U.S.C. § 301.

[^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]: 47 C.F.R. § 1.80.

[^4]: ^?^47 U.S.C. § 503(b)(2)(D).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. §§ 0.111, and 0.311.

[^7]: See 47 C.F.R. § 1.1914.