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 Federal  Communications  Commission  DA  05-  2064 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Raimundo  P.  Silva 
 Former  Licensee  of  Amateur  Station  KD6SXG  Brentwood,  California 


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 File  Number  EB-  04-  SF-  150 
 NAL/  Acct.  No.  200532960001  FRN  0009808163 


 FORFEITURE  ORDER 
 Adopted:  July  25,  2005  Released:  July  27,  2005 
 By  the  Regional  Director,  Western  Region,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Forfeiture  Order  (  Order),  we  issue  a  monetary  forfeiture  in  the  amount  of  five  hundred  dollars  ($  500)  to  Raimundo  P.  Silva  (  Silva),  former  licensee  of  Amateur  Station  KD6SXG,  for 
 willful  and  repeated  violations  of  Section  301  of  the  Communications  Act  of  1934,  as  amended  ("  Act").  1  The  noted  violations  involve  unauthorized  operation  by  Silva  on  a  frequency  reserved  for  federal 
 government  use  only. 
 II.  BACKGROUND 


 2.  On  April  12,  2004,  the  Commissions  San  Francisco  Field  Office  received  a  complaint  that  an  authorized  United  States  government  user  was  receiving  harmful  interference  from  an 
 unauthorized  station  that  obstructed  and  interfered  with  satellite  communications.  On  April  19,  2004,  San  Francisco  Office  field  agents,  using  electronic  direction  finding  techniques,  detected  unauthorized  civilian 
 terrestrial  transmissions  on  the  reserved  federal  government  frequency.  The  agents  took  bearings  of  the  radio  signal  which  indicated  the  source  of  the  signal  to  be  a  station  in  the  vicinity  of  Silvas  residence  in 
 Brentwood,  California.  Between  April  and  October,  2004,  the  San  Francisco  agents  detected,  traced  and  documented  numerous  instances  of  both  stationary  and  mobile  unauthorized  radio  operations  by  Silva. 


 3.  According  to  Commission  records,  Silva  was  issued  a  General  Class,  amateur  radio  operator  license  with  call  sign  KD6SXG,  on  February  23,  1993.  2  The  license  was  renewed  on  October 
 31,  2003,  and  will  expire  on  October  31,  2013.  Pursuant  to  Section  97.103(  a)  of  the  Rules,  licensed 
 1  47  U.  S.  C.    301. 


 2  In  accordance  with  Part  97  of  the  Commissions  Rules,  operation  of  an  amateur  station  requires  an  amateur  operator 
 license  grant  from  the  FCC.  Before  receiving  a  license  grant,  an  applicant  must  pass  an  examination  which  contains  one  telegraphy  (Morse  code)  element  and  three  written  elements  which  establish  the  applicants  level  of  operational 


 and  technical  ability  in  performing  properly  the  duties  of  an  amateur  service  licensee.  The  class  for  which  each  examinee  is  qualified  is  determined  by  the  degree  of  skill  and  knowledge  in  operating  a  station  that  the  examinee  demonstrates  at  the 
 examination.  There  are  six  classes  of  amateur  operator  licenses.  The  higher  the  license  class,  the  more  expertise  the  licensee  must  demonstrate  and  the  greater  the  frequency  privileges  the  amateur  operator  is  authorized.  In  ascending  order,  the  classes 
 of  amateur  operator  license  grants  are:  Novice,  Technician,  Technician  Plus,  General,  Advanced  and  Amateur  Extra.  See  1998  Biennial  Regulatory  Review    Amendment  of  Part  97  of  the  Commissions  Amateur  Service  Rules,  13  FCC  Rcd  15798 
 (1998). 
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 amateur  radio  operators  are  responsible  for  the  proper  operation  of  their  stations  in  accordance  with  the  Commissions  Rules.  3  Licensed  amateur  operators  are  authorized  to  operate  on  the  frequencies  listed 
 Section  97.301  of  the  Rules,  as  designated  by  their  operator  class  and  license.  4  In  order  to  use  designated  frequencies  in  the  amateur  bands,  amateur  operators  must  follow  the  frequency  sharing  requirements  in 
 Section  97.301  of  the  Rules  and  the  United  States  Table  of  Frequency  Allocations  (  Table),  found  in  Sections  2.105  and  2.106  5  of  the  Rules.  6  The  Table  lists  the  use  of  the  frequency  band  267    322  MHz  as 
 Federal  Government  only.  7  A  review  of  Commission  records  reveals  no  record  of  a  license  for  the  use  of  any  frequency  within  this  band  issued  to  Silva. 


 4.  On  October  26,  2004,  the  San  Francisco  Office  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (  NAL)  in  the  amount  of  $20,000  to  Silva.  8  Also  on  October  26,  2004,  agents  inspected 
 Silvas  radio  equipment.  Silva  admitted  operating  radio  equipment  in  the  frequency  band  reserved  for  federal  government  use  without  a  license,  but  asserted  he  was  unaware  that  his  unauthorized  radio 
 transmissions  interfered  with  the  federal  government  users  authorized  operations.  Silva  subsequently  voluntarily  relinquished  all  of  his  radio  equipment  for  both  the  mobile  and  fixed  systems  and  surrendered 
 his  amateur  license.  After  receiving  an  extension  of  time,  Silva  filed  a  response  to  the  NAL  on  December  10,  2004  (  Response).  In  his  Response,  Silva  does  not  contest  the  finding  that  he  violated  Section  301 
 of  the  Act.  Instead,  he  asks  that  the  proposed  forfeiture  be  cancelled  or  reduced  on  the  grounds  that  when  notified  of  the  violation,  Silva  voluntarily  relinquished  his  operating  equipment  to  the  San  Francisco 
 agents  and  then  surrendered  his  amateur  license  to  the  Commission.  He  also  argues  that  he  is  unable  to  pay  the  proposed  forfeiture  and,  to  support  this  claim,  supplies  three  years  of  tax  records. 


 III.  DISCUSSION 
 5.  The  proposed  forfeiture  amount  in  this  case  was  assessed  in  accordance  with  Section  503(  b)  of  the  Act,  9  Section  1.80  of  the  Rules,  10  and  The  Commissions  Forfeiture  Policy  Statement  and 


 Amendment  of  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture  Guidelines,  12  FCC  Rcd  17087  (1997),  recon.  denied,  15  FCC  Rcd  303  (1999)  (  Forfeiture  Policy  Statement).  In  examining  Silvas 
 response,  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 
 6.  Section  301  of  the  Act  requires  that  no  person  shall  use  or  operate  any  apparatus  for  the  transmission  of  energy  or  communications  or  signal  by  radio  except  under  and  in  accordance  with  this 


 Act  and  with  a  license  granted  under  the  provisions  of  this  Act.  12  Silva  does  not  contest  the  instant 
 3  47  C.  F.  R.    97.103(  a). 


 4  47  C.  F.  R.    97.301. 
 5  47  C.  F.  R.    2.105,  2.106. 
 6  See  47  C.  F.  R.    97.303. 
 7  47  C.  F.  R.    2.106. 
 8  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200532960001  (Enf.  Bur.,  Western  Region,  San  Francisco 
 Office,  released  October  26,  2004). 
 9  47  U.  S.  C.    503(  b). 


 10  47  C.  F.  R.    1.80. 
 11  47  U.  S.  C.    503(  b)(  2)(  D). 
 12  47  U.  S.  C.    301. 
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 violation.  Instead  he  asks  that  the  proposed  forfeiture  amount  be  reduced  or  cancelled  because  he  voluntarily  surrendered  his  operating  equipment  and  his  amateur  license  to  the  Commission.  He  also 
 supplies  three  years  of  tax  records  to  support  his  claim  that  he  is  unable  to  pay  the  proposed  forfeiture  amount.  Having  reviewed  Silvas  response  along  with  the  supporting  financial  documentation  we 
 conclude,  consistent  with  precedent,  that  a  reduction  of  the  proposed  forfeiture  to  $500  is  appropriate.  13 
 7.  We  have  examined  Silvas  response  to  the  NAL  pursuant  to  the  statutory  factors  above,  and  in  conjunction  with  the  Forfeiture  Policy  Statement.  As  a  result  of  our  review,  we  conclude  that  Silva 


 willfully  and  repeatedly  violated  Section  301  of  the  Act.  Considering  the  entire  record  and  the  factors  listed  above,  we  find  that  reduction  of  the  proposed  forfeiture  is  warranted,  given  Silvas  voluntary 
 surrender  of  his  operating  equipment  and  his  amateur  license,  and  his  ability  to  pay.  Accordingly,  the  forfeiture  amount  is  reduced  from  twenty  thousand  dollars  ($  20,000)  to  five  hundred  dollars  ($  500). 


 IV.  ORDERING  CLAUSES 
 8.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Section  503(  b)  of  the  Communications  Act  of  1934,  as  amended  (  Act),  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the 
 Commissions  Rules,  Raimundo  P.  Silva  IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  $500  for  willfully  and  repeatedly  violating  Section  301  of  the  Act.  14 


 9.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.  80  of  the  Rules  within  30  days  of  the  release  of  this  Order.  If  the  forfeiture  is  not  paid  within  the  period  specified, 
 the  case  may  be  referred  to  the  Department  of  Justice  for  collection  pursuant  to  Section  504(  a)  of  the  Act.  15  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.  Requests  for  full  payment  under  an  installment  plan  should  be  sent  to:  Chief, 
 Revenue  and  Receivables  Group,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554.  16 
 10.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  First  Class  Mail  and  Certified  Mail  Return  Receipt  Requested  to  Raimundo  P.  Silva  at  his  address  of  record. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Rebecca  L.  Dorch  Regional  Director,  Western  Region 
 Enforcement  Bureau 


 13  See,  e.  g.,  Ronald  E.  Sauer,  19  FCC  Rcd  14884  (EB  2004);  Kornwell  Chan,  16  FCC  Rcd  14893  (EB  2001). 
 14  47  U.  S.  C.    301,  503(  b),  47  C.  F.  R.    0.111,  0.311,  1.80(  f)(  4). 
 15  47  U.  S.  C.    504(  a). 
 16  See  47  C.  F.  R.    1.1914. 
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