Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices 26595

1Arnold requested that his signal be checked

without the amplifier on. A field strength

measurement revealed that with the amplifier off he

was still exceeding Part 15 limits. 2Arnold also admitted that he holds an Amateur

Extra Class operator license, call sign KJ7VR. On

February 28, 2005, such license is due to expire.

Should Arnold be found in violation of the

Commission’s Rules and the Communications Act

based on the evidence before the Commission, any

questions raised about Arnold’s qualifications to

remain a Commission licensee will be addressed in

a separate proceeding.

could help to facilitate the

implementation of the DTV service, and

it encouraged the broadcast industry to

continue their voluntary coordination

efforts through a process open to all

affected parties. In this regard, the

Commission will consider granting

applications on the basis of interference

agreements, including agreements

obtained through the coordination

process, if it finds that such grants will

serve the public interest. These

agreements must be signed by all parties

to the agreement. In addition, the

Commission needs the following

information to enable such public

interest determination: a list of parties

predicted to receive additional

interference from the proposed facility,

a showing as to why a grant based on

the agreements would serve the public

interest, and technical studies depicting

the additional interference. Applicants

who use a voluntary coordination

process should provide the name,

address and telephone number of the

person who coordinated studies and a

description of how the coordination

process was open to all interested

parties. The technical showings and

interference agreements will be used by

FCC staff to determine if the public

interest would be served by the grant of

the application and to ensure that the

proposed facilities will not result in

additional interference.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–12666 Filed 5–12–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

[FCC 98–61]

Order to Show Cause and Notice of

Opportunity for Hearing

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: The Federal Communications

Commission will hold a hearing to

determine whether to issue a Cease and

Desist Order, and whether a forfeiture

will be imposed for the unlicensed

operation of a radio station in violation

of the Communications Act in docket

case CI 98–45.

DATES: Prehearing on May 18, 1998, 9:00

am; Hearing on June 16, 1998; 10:00 am.

ADDRESSES: All pleadings and papers

must be mailed to Office of the

Secretary, 1919 M Street, N.W., Room

222, Washington, D.C. 20554, Hearings

held at Offices of the Commission.

FOR FURTHER INFORMATION CONTACT:

Norman Goldstein and James Shook,

Mass Media Bureau, (202) 418–1430, email ngoldste@fcc.gov and

jshook@fcc.gov

SUPPLEMENTARY INFORMATION:

Released: April 6, 1998

The Commission has under

consideration information concerning

the transmission of radio signals

without a license by Lewis B. Arnold

(‘‘Arnold’’). For the reasons that follow,

we order Arnold to show cause,

pursuant to Section 312(c) of the

Communications Act of 1934, as

amended (the ‘‘Act’’), 47 U.S.C. 312(c),

why we should not issue a cease and

desist order which prohibits further

unauthorized transmissions on his part.

Also, pursuant to Section 1.80(g) of the

Commission’s Rules (the ‘‘rules’’), 47

CFR 1.80(g), this order constitutes a

notice of opportunity for hearing to

determine whether, in addition to or as

an alternative to the issuance of a cease

and desist order, a forfeiture should be

imposed for violations of the Act and

the rules.

2. Background. On June 26, 1997,

Dennis Anderson, the Seattle,

Washington, District Director of the

Commission’s Compliance and

Information Bureau (‘‘CIB’’), received

information from Eric Carpenter

(‘‘Carpenter’’), General Manager of AM/

FM broadcast stations KCVL/KCRK in

Colville, Washington, concerning an

unauthorized radio station operating on

95.3 MHz in Chewelah, Washington.

Carpenter alleged that the unauthorized

station caused economic harm and

interference to the reception of his

station on 92.1 MHz. On July 7, 1997,

the CIB Seattle Field Office received

additional information from Carpenter

to the effect that the Chewelah station

was owned by Arnold. On July 9, 1997,

a warning letter was sent to Arnold

regarding the unlicensed radio station

on 95.3 MHz. In pertinent part, the

warning letter stated:

Under Section 301 of the Communications

Act of 1934, as amended, and the

Commission’s Rules and Regulations, radio

transmitting apparatus, (other than certain

low powered devices operated in accordance

with Part 15 of the Commission’s Rules and

Regulations), may be operated only upon

issuance by this Commission of a station

license covering such apparatus. Unlicensed

operation may subject the operator to serious

penalties provided for in the

Communications Act. Because unlicensed

operation creates a definite danger of

interference to important radio

communications services and may subject

the operator to the penalties provided for in

the Communications Act, the importance of

complying strictly with the legal

requirements mentioned above is

emphasized.

The letter also requested that Arnold

submit a written explanation concerning

the circumstances leading to the

unauthorized operation of transmitting

equipment and what corrective action

had been or would be taken to prevent

any future recurrence. Commission

records reveal no response from Arnold

to this letter.

Thereafter, on August 20, 1997,

Agents Donald Roberson (‘‘Roberson’’)

and Michael Rothe (‘‘Rothe’’) proceeded

to the Chewelah area and detected a

radio signal on 95.3 using radio

direction-finding techniques. Further

monitoring led Roberson and Rothe to

conclude that the signal originated from

a vertical dipole antenna mounted on a

pole attached to a building located at N

103 4th Street East, Chewelah. Field

strength measurements indicated signal

levels, when extrapolated to 3 meters, of

1,261,500 ‘‘V/m and 60,700 ‘‘V/m. Part

15 of the rules allows unlicensed

operation of a low power radio

transmitter in the FM broadcast band

provided the signal level is below 250

‘‘V/m at a distance of 3 meters. 47 CFR

15.239. Thus, the field strength

measurements taken exceeded those

allowed by Part 15 of the rules.

Again, on August 22, 1997, Roberson

and Rothe located through radio

direction-finding techniques an

unlicensed radio station operating on

95.3 MHz at N 103 4th Street East,

Chewelah. At approximately 12:05 p.m.,

Roberson and Rothe, accompanied by

Chewelah Police Officer Mark Burrows,

entered the property at N 103 4th Street

East and requested to inspect the

station. Arnold invited the agents into

his station and gave them permission to

inspect the radio transmission

equipment.

5. Roberson and Rothe observed

various pieces of audio gear and an FM

stereo transmitter, an amplifier rated at

one Watt output, and a vertical dipole

antenna.1 Arnold then acknowledged

the following: (1) There is no license for

the facilities; (2) he was fully

responsible for the unlicensed station;

(3) he was operating unlicensed to see

if there was community support for his

operation; (4) he had put the radio

equipment together from a kit; (5) he has

a web page for the radio station on the

Internet; and (6) he had received the

FCC warning letter.2 By warning letter

hand-delivered by Roberson and Rothe,
26596 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 / Notices

3This figure reflects the maximum appropriate

forfeiture amount in light of the specific facts at

issue. See 47 U.S.C. § 503(b)(2)(C); 47 CFR

1.80(b)(3), (b)(4), (b)(5); see also In re the

Commission’s Forfeiture Policy Statement and

Amendment of Section 1.80 of the Rules to

Incorporate the Forfeiture Guidelines, 12 FCC Rcd

17087 (1997)(petitions for reconsideration pending).

Arnold again was advised that operation

of the radio station violated federal law,

and he was ordered to cease operations.

Arnold shut the station off at 1:02 pm,

as the agents were leaving.

Subsequently, by letter dated August 25,

1997, Carpenter alleged that Arnold had

resumed broadcasting on 95.3 MHz. On

September 9, 1997, Carpenter

telephoned District Director Anderson

in the CIB Seattle Field Office,

reiterating his complaint that Arnold’s

unlicensed transmissions were

continuing. On March 21, 1998, at 10:00

am, Roberson confirmed that Arnold’s

transmissions were in fact continuing

and that the signal levels far exceeded

Part 15 limits.

6. Discussion. Section 301 of the Act,

47 U.S.C. § 301, provides in pertinent

part: It is the purpose of this Act, among

other things, to maintain the control of

the United States over all the channels

of radio transmission. * * * No person

shall use or operate any apparatus for

the transmission of energy or

communications or signals by radio (a)

from one place in any State * * * to

another place in the same State * * *

except under and in accordance with

this Act and with a license in that behalf

granted under the provisions of this Act.

Anyone transmitting radio

transmissions in the United States must

have authority from the Commission to

do so. See 47 U.S.C. § 301; U.S. v.

Medina, 718 F. Supp. 928 (S.D. Fla.

1989); U.S. v. Weiner, 701 F.Supp. 15

(D.Mass. 1988), aff’d, 887 F.2d 259 (1st

Cir. 1989); Stephen Paul Dunifer, 11

FCC Rcd 718, 720–21, ¶¶ 7–9 (1995)

(regarding Commission’s licensing

requirement); and Order to Show Cause

and Notice of Apparent Liability, 50 FR

20603, published May 17, 1985 (Alan H.

Weiner). As the facts recited above

reflect, it appears that Arnold has

violated and may currently be violating

Section 301 of the Act.

Ordering Clauses

7. Accordingly, It Is Ordered that,

pursuant to Section 312(c) of the Act,

Lewis B. Arnold Is Directed To Show

Cause why he should not be ordered to

Cease And Desist from violating Section

301 of the Act, at a hearing to be held

at a time and location specified in a

subsequent Order, upon the following

issues:

1. To determine whether Lewis B.

Arnold has transmitted radio energy

without appropriate authorization in

violation of Section 301 of the Act.

2. To determine whether, based on the

evidence adduced pursuant to the

preceding issue, Lewis B. Arnold should

be ordered to cease and desist from

violating Section 301 of the Act.

8. It Is further ordered that, pursuant

to Section 312(d) of the

Communications Act of 1934, as

amended, both the burden of proceeding

with the introduction of evidence and

the burden of proof shall be upon the

Compliance and Information Bureau

with respect to issues 1 and 2.

9. It Is further ordered that this Order

to Show Cause shall constitute a Bill of

Particulars with respect to all foregoing

issues.

10. It Is further ordered that, to avail

himself of the opportunity to be heard,

Lewis B. Arnold, pursuant to Sections

1.91(c) of the Commission’s Rules, in

person or by attorney, Shall File in

triplicate with the Commission within

twenty (20) days of the mailing of this

Order, a written appearance stating that

he will appear at the hearing and

present evidence on the matters

specified in this Order.

11. It Is further ordered that, without

regard as to whether the hearing record

warrants an order that Lewis B. Arnold

cease and desist from violating the Act

or the rules, it shall be determined,

pursuant to Section 503(b) of the

Communications Act of 1934, as

amended, whether an Order For

Forfeiture in an amount not to exceed

$11,000 3 shall be issued against Lewis

B. Arnold for the alleged violations of

Section 301 of the Act.

12. It is further ordered that in

connection with the possible forfeiture

liability noted above, this document

constitutes a notice of opportunity for

hearing pursuant to Section 503(b) of

the Communications Act of 1934, as

amended, and Section 1.80 of the

Commission’s Rules.

13. It is further ordered that a copy of

each document filed in this proceeding

subsequent to the date of adoption of

this Order Shall Be Served on the

counsel of record appearing on behalf of

the Chief, Compliance and Information

Bureau. Parties may inquire as to the

identity of such counsel by calling the

Compliance and Information Bureau at

(202) 418–1100, TTY (202) 418–2544.

Such service Shall Be Addressed to the

named counsel of record, Compliance

and Information Bureau, Federal

Communications Commission, 1919 M

Street, N.W., Washington, D.C. 20554.

14. It is further ordered that the Office

of Public Affairs, Reference Operations

Division of the Commission send a copy

of this Order by Certified Mail—Return

Receipt Requested to: Lewis B. Arnold,

N 103 4th Street East, 2741 Flowery

Trail Road, Chewelah, Washington

99109.

Also forward to: Lewis B. Arnold, The

Independent, P.O. Box 5, Chewelah,

Washington 99109.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–12811 Filed 5–12–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

[FCC 98–62]

Order To Show Cause and Notice of

Opportunity for Hearing

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: The Federal Communications

Commission will hold a hearing to

determine whether to issue a Cease and

Desist Order, and whether a forfeiture

will be imposed for the unlicensed

operation of a radio station in violation

of the Communications Act in docket

case CI 98–46.

DATES: Prehearing on May 20, 1998, 9:00

am; Hearing on June 30, 1998, 10:00 am.

ADDRESSES: All pleadings and papers

must be mailed to Office of the

Secretary, 1919 M Street, N.W., Room

222, Washington, D.C. 20554; Hearings

held at Offices of the Commission.

FOR FURTHER INFORMATION CONTACT:

Norman Goldstein and James Shook,

Mass Media Bureau, (202) 418–1430, email ngoldste@fcc.gov and

jshook@fcc.gov

SUPPLEMENTARY INFORMATION:

Released: April 6, 1998

1. The Commission has under

consideration information concerning

Keith Perry’s transmission of radio

signals without a license. For the

reasons that follow, we order Keith

Perry to show cause, pursuant to

Section 312(c) of the Communications

Act of 1934, as amended (the ‘‘Act’’), 47

U.S.C. § 312(c), why we should not

issue a cease and desist order which

prohibits further unauthorized

transmissions on his part. Also,

pursuant to Section 1.80(g) of the

Commission’s Rules (the ‘‘rules’’), 47

C.F.R. § 1.80(g), this order constitutes a

notice of opportunity for hearing to

determine whether, in addition to or as

an alternative to the issuance of a cease

and desist order, a forfeiture should be