**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+---------------------------------+---+---------------------------------+
| In the Matter of                | ) | File Number: EB-06-CG-064       |
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| Steven A. Skalecki              | ) | NAL/Acct. No: 200832320001      |
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| Milwaukee, WI                   | ) | FRN: 0017228933                 |
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|                                 | ) |                                 |
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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: December 14, 2007

By the District Director, Chicago District Office, Northeast Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that Steven A. Skalecki apparently willfully and repeatedly violated
    Section 301 of the Communications Act of 1934, as amended
    ("Act"),[^1] by operating an unlicensed radio transmitter on the
    frequency 92.9 MHz in Milwaukee, WI. We conclude, pursuant to
    Section 503(b) of the Act,[^2] that Steven A. Skalecki is apparently
    liable for a forfeiture in the amount of ten thousand dollars
    (\$10,000).

# BACKGROUND

2.  On March 25, 2006, in response to a complaint, Commission agents,
    using a mobile direction-finding vehicle, monitored the frequency
    92.9 MHz in Milwaukee, WI. The agents observed a radio station
    broadcasting on 92.9 MHz and determined that the station was
    operating from a single family residence at 9026 West Burdick
    Avenue, Milwaukee, Wisconsin, 53227. The agents subsequently took
    field strength measurements and determined that the signals being
    broadcast exceeded the limits for operation under Part 15 of the
    Commission's Rules ("Rules")[^3] and therefore required a license.
    The Agents knocked on the front door of 9026 West Burdick Avenue,
    but there was no response. A Notice of Unlicensed Operation
    ("*NOUO*") was left between the glass panes in the front storm door.
    The *NOUO* warned Skalecki that operation of the unlicensed radio
    station on 92.9 MHz violated Section 301 of the Act and outlined the
    potential penalties for such a violation, including seizure of the
    equipment, fines and imprisonment. The *NOUO* also directed Skalecki
    to terminate operation of the unlicensed station immediately.

3.  An agent subsequently searched Commission databases and found no
    evidence of a Commission authorization for this operation on 92.9
    MHz in Milwaukee, Wisconsin. The agent also searched City of
    Milwaukee property tax records and found that Steven A. Skalecki is
    listed in those records as the owner of 9026 West Burdick Avenue.
    The agent further determined that Mr. Skalecki is the individual
    responsible for the utilities at 9026 West Burdick Avenue.

4.  On April 17, 2006, the Chicago District Office sent, via certified
    mail, return receipt requested, a Notice of Unlicensed Operation
    ("*NOUO*") addressed to Steven A. Skalecki at 9026 West Burdick
    Avenue, Milwaukee, Wisconsin 53227. The *NOUO* warned Skalecki that
    operation of the unlicensed radio station on 92.9 MHz violated
    Section 301 of the Act and outlined the potential penalties for such
    a violation, including seizure of the equipment, fines and
    imprisonment. The *NOUO* also directed Skalecki to terminate
    operation of the unlicensed station immediately and provided
    Skalecki ten days to reply. The return receipt from the U.S. Postal
    Service shows that Mr. Skalecki signed for and received the *NOUO*
    on April 24, 2006.

5.  On May 6, 2006, Commission agents, using a mobile direction-finding
    vehicle, monitored the frequency 92.9 MHz in Milwaukee, WI. The
    agents again observed a radio station broadcasting on 92.9 MHz and
    determined that the station was operating from 9026 West Burdick
    Avenue in Milwaukee, Wisconsin. The agents subsequently took field
    strength measurements and determined that the signals being
    broadcast exceeded the limits for operation under Part 15 of the
    Rules and therefore required a license. No one answered the front
    door.

6.  On May 10, 2006, the Chicago office received a response ("Response")
    to the *NOUO* issued to Skalecki. In the Response, Mr. Skalecki
    denied having any broadcast equipment and also stated that no local
    broadcasts can be heard on 92.9 MHz. In the Response, Mr. Skalecki
    also acknowledged receipt of the *NOUO* left in the front storm door
    of 9026 West Burdick Avenue by Commission Agents on March 25, 2006.

7.  On February 14, 2007 the Chicago District Office received a letter
    from Kettle-Moraine Community Radio, Inc. ("Kettle-Moraine"),
    permittee of station WFAQ-LP, Mukwonago. In the letter,
    Kettle-Moriane states that WFAQ-LP has been issued a construction
    permit for a low power station on 92.9 MHz in Mukwonago, WI, and has
    been experiencing co-channel interference on 92.9 Mhz during test
    broadcasts. Kettle-Moraine further stated its belief that the
    interference is coming from an unlicensed station broadcasting from
    Milwaukee, WI.

8.  On March 1, 2007, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 92.9 MHz in
    Milwaukee, WI. The agent again observed a radio station broadcasting
    on 92.9 MHz and determined that the station was operating from 9026
    West Burdick Avenue in Milwaukee, Wisconsin. The agent subsequently
    took field strength measurements and determined that the signals
    being broadcast exceeded the limits for operation under Part 15 of
    the Rules and therefore required a license.

9.  On March 14, 2007, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 92.9 MHz in
    Milwaukee, WI. The agents again observed a radio station
    broadcasting on 92.9 MHz and determined that the station was
    operating from 9026 West Burdick Avenue in Milwaukee, Wisconsin. The
    Agents knocked on the front door of 9026 West Burdick Avenue, but
    there was no response.

10. On May 24, 2007, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 92.9 MHz in
    Milwaukee, WI. The agent again observed a radio station broadcasting
    on 92.9 MHz and determined that the station was operating from 9026
    West Burdick Avenue in Milwaukee, Wisconsin. The agent subsequently
    took field strength measurements and determined that the signals
    being broadcast exceeded the limits for operation under Part 15 of
    the Rules and therefore required a license. No one answered the
    front door.

11. On May 28, 2007, a Commission agent monitored the frequency 92.9 MHz
    in Milwaukee, WI. The agent again observed a radio station
    broadcasting on 92.9 MHz and determined that the station was
    operating from 9026 West Burdick Avenue in Milwaukee, Wisconsin. No
    one answered the front door. The agent interviewed a neighbor who
    confirmed that Steven Skalecki lived at this address.

# DISCUSSION

12. 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.[^4] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^5]

13. Section 301 of the Act states 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. Agents determined that, on March 25, 2006,
    May 6, 2006, March 1, 2007, March 14, 2007 and May 24, 2007, an
    unlicensed radio station was broadcasting on 92.9 MHz from 9026 West
    Burdick Avenue in Milwaukee, Wisconsin. Agents further determined
    that Skalecki owns 9026 West Burdick Avenue. The Chicago District
    Office issued a *NOUO* to Skalecki notifying him that the operation
    of his station was unauthorized and must cease immediately. The
    return receipt from the U.S. Postal Service shows that Mr. Skalecki
    signed for the *NOUO* on April 24, 2006. Because Skalecki continued
    to operate his station even after being warned, we find that
    Skalecki's violation was willful. Skalecki's violation occurred on
    more than one day, therefore it is repeated.

14. Based on the evidence before us, we find that Skalecki willfully and
    repeatedly violated Section 301 of the Act by operating radio
    transmission equipment on 92.9 MHz in Milwaukee, Wisconsin, on March
    25, 2006, May 6, 2006, March 1, 2007, March 14, 2007, and May 24,
    2007, without a Commission authorization.

15. 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.[^6] 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 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.[^7] Applying the
    *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors, a \$10,000 forfeiture is warranted.

# ORDERING CLAUSES

16. 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, Steven A. Skalecki is
    hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A FORFEITURE**
    in the amount of ten thousand dollars (\$10,000) for violation of
    Section 301 of the Act.[^8]

17. **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, Steven A. Skalecki
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

18. 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/Acct. No. and FRN No.
    referenced above. Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB
    358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment
    by wire transfer may be made to ABA Number 043000261, receiving bank
    Mellon Bank, and account number 911-6106.

19. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, Chicago District
    Office, 1550 North Northwest Hwy, Suite 306, Park Ridge, IL 60068,
    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.

20. 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.

21. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 1A625, 445
    12th Street, S.W., Washington, D.C. 20554.[^9]

22. **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 Steven A. Skalecki at his
    address of record.

FEDERAL COMMUNICATIONS COMMISSION

James M. Roop

District Director

Chicago District Office

Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 503(b).

[^3]: Section 15.239 of the Rules provides that non-licensed
    broadcasting in the 88-108 MHz band is permitted only if the field
    strength of the transmission does not exceed 250 μV/m at three
    meters. 47 C.F.R. § 15.239. Measurements showed that the field
    strength of the station's signal exceeded the permissible level for
    a non-licensed Part 15 transmitter.

[^4]: 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).

[^5]: 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."

[^6]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^7]: 47 U.S.C. § 503(b)(2)(D).

[^8]: 47 C.F.R. §§ 0.111, and 0.311.

[^9]: *See* 47 C.F.R. § 1.1914.