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Glenn S. Yamada

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Released: October 30, 2013

Federal Communications Commission

DA 13-2083


Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Glenn S. Yamada
)
File No.: EB-FIELDWR-12-00001081
)
NAL/Acct. No.: 201232780001
Kenai, Alaska
)
FRN: 0021897384

FORFEITURE ORDER

Adopted: October 29, 2013

Released: October 30, 2013

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 Glenn S. Yamada, a Citizens Band (CB) radio operator in Kenai, Alaska, for
willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended (Act),1 and
Sections 95.409(a) and 95.411(a)(1) and (b) of the Commission’s rules (Rules).2 The noted violations
involved Mr. Yamada’s operation of a radio transmitter without the requisite Commission authorization.

II.

BACKGROUND

2.
On July 18, 2012, the Enforcement Bureau’s Anchorage Resident Agent Office
(Anchorage Office) issued a Notice of Apparent Liability for Forfeiture (NAL)3 for twelve thousand, five
hundred dollars ($12,500) to Mr. Yamada for operating a non-certificated CB transmitter with a radio
frequency (RF) linear amplifier which voided his authority to operate his CB station. In response to the
NAL, Mr. Yamada does not deny the violations, but states that he did not intend to violate the Act or the
Rules and that he is unable to pay the forfeiture.4

III.

DISCUSSION

3.
The proposed forfeiture amount in this case was assessed in accordance with Section
503(b) of the Act,5 Section 1.80 of the Rules,6 and the Forfeiture Policy Statement.7 In examining Mr.
Yamada’s response, Section 503(b)(2)(E) of the Act requires that the Commission take into account the


1 47 U.S.C. § 301.
2 47 C.F.R. §§ 95.409(a), 95.411(a)(1), (b).
3 Glenn S. Yamada, Notice of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 7974 (Enf. Bur. 2012)
(NAL). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated
herein by reference.
4 See Response from Glenn S. Yamada, to Anchorage Resident Agent Office, Western Region, Enforcement Bureau
(Aug. 3, 2012) (on file in EB-FIELDWR-12-00001081) (NAL Response).
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80.
7 The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines
, Report and Order, 12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).

Federal Communications Commission

DA 13-2083

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.8
4.
We affirm the NAL’s finding that Mr. Yamada violated Section 301 of the Act, and
Sections 95.409(a) and 95.411(a)(1) and (b) of the Rules.9 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.10 Section 95.404 of the Rules states that CB operators are not required to have individual
licenses because they are authorized by this rule to operate a CB station, provided, however, that they
operate the station in accordance with Subpart D of Part 95 of the Rules (CB Rules).11 Section 95.409(a) of
the Rules states that CB operators must use FCC certificated CB transmitters at their CB stations and that
the use of a transmitter that is not FCC certificated voids their authority to operate the station.12
Furthermore, Section 95.411(a)(1) of the Rules states that CB operators may not attach external RF power
amplifiers (sometimes called linears or linear amplifiers) to certificated CB transmitters in any way.13
Section 95.411(b) of the Rules states that there are no exceptions to this rule and that use of a power
amplifier voids a CB operator’s authority to operate the station.14
5.
As reflected in the NAL, an Anchorage Office agent identified Mr. Yamada as the operator
that the Commission’s High Frequency Direction Finding Center observed interfering with safety of life
operations on the frequency 21.965 MHz over multiple days in January and February 2012.15 The agent’s
subsequent inspection of Mr. Yamada’s CB radio station revealed that Mr. Yamada was operating a non-
certificated transmitter with an RF linear amplifier.16 Mr. Yamada admitted to the agent that he operated the
devices for several weeks.17 Such operation voided Mr. Yamada’s authority to operate his CB radio station
under the CB Rules.18 Based on the undisputed evidence, we conclude that Mr. Yamada willfully and
repeatedly violated Section 301 of the Act, and Sections 95.409(a) and 95.411(a)(1) and (b) of the Rules by
operating a radio transmitter without the requisite Commission authorization.19

6. In response to the NAL, Mr. Yamada requests cancellation of the $12,500 forfeiture, asserting
first that he did not intentionally violate the Act and the Rules.20 Under the applicable statute, the
Commission need not demonstrate an intent to violate a rule to make a finding that a licensee engaged in


8 47 U.S.C. § 503(b)(2)(E).
9 See NAL supra note 3.
10 47 U.S.C. § 301.
11 47 C.F.R. § 95.404.
12 47 C.F.R. § 95.409(a).
13 47 C.F.R. § 95.411(a)(1).
14 47 C.F.R. § 95.411(b). The FCC will presume a CB operator used a linear or other external RF power amplifier if
the amplifier is located in the operator’s premises and if there is other evidence showing that the station was
operated with more power than authorized. See 47 C.F.R. § 95.411(c).
15 NAL, 27 FCC Rcd at 7976, para 6.
16 Id.
17 Id.
18 Id.
19 As required by the NAL, Mr. Yamada submitted a written statement, which states that he is still engaged in CB
operations and is using a certified transmitter that is not attached to a linear amplifier. See Statement of Glenn S.
Yamada, to Anchorage Office, Western Region, Enforcement Bureau (Aug. 3, 2012) (on file in EB-FIELDWR-12-
00001081).
20 NAL Response at 1.
2

Federal Communications Commission

DA 13-2083

willful misconduct. As stated in the NAL, Section 312(f)(1) of the Act,21 which applies to violations for
which forfeitures are assessed under Section 503(b) of the Act, provides that “[a]s defined[,] . . . ‘willful’
means that the licensee knew that he was doing the act in question, regardless of whether there was an intent
to violate the law.”22 As the facts are undisputed that Mr. Yamada operated a non-certificated transmitter
with an RF linear amplifier, we find that his violation of Section 301 of the Act, and Sections 95.409(a) and
95.411(a)(1) and (b) of the Rules was therefore willful according to Commission precedent.
7.
Mr. Yamada also contends that he is unable to pay the forfeiture and submits three years of
tax returns to support his claim.23 With regard to an individual’s or entity’s inability to pay a claim, the
Commission has determined that gross income or revenues are generally the best indicator of an ability to
pay a forfeiture.24 Based on the financial documents provided by Mr. Yamada, we find sufficient basis to
reduce the forfeiture to $500.25 Therefore, after consideration of the entire record and the factors listed
above, we find that a forfeiture in the amount of $500 is warranted.

IV.

ORDERING CLAUSES

8.
Accordingly,

IT IS ORDERED

that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the Commission’s rules,
Glenn S. Yamada

IS LIABLE FOR A MONETARY FORFEITURE

in the amount of five hundred
dollars ($500) for violations of Section 301 of the Act, and Sections 95.409(a) and 95.411(a)(1) and (b) of
the Rules.26
9.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Rules within thirty (30) calendar days after the release date of this Forfeiture Order.27 If the forfeiture is not
paid within the period specified, the case may be referred to the U.S. Department of Justice for enforcement
of the forfeiture pursuant to Section 504(a) of the Act.28 Glenn S. Yamada shall send electronic notification
of payment to WR-Response@fcc.gov on the date said payment is made. The payment must be made by
check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and
FRN referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance
Advice) must be submitted.29 When completing the FCC Form 159, enter the Account Number in block
number 23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).
Below are additional instructions you should follow based on the form of payment you select:
Ÿ
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000,


21 47 U.S.C. § 312(f)(1).
22 NAL, 27 FCC Rcd at 7975, para. 4 n.8 (quoting H.R. Rep. 97-765, 97th Cong. 2d Sess. 51 (1982)).
23 See NAL Response at Attachment 1.
24 See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088 (1992) (forfeiture
not deemed excessive where it represented approximately 2.02 percent of the violator’s gross revenues); Hoosier
Broadcasting Corp.
, Memorandum Opinion and Order, 15 FCC Rcd 8640 (2000) (forfeiture not deemed excessive
where it represented approximately 7.6 percent of the violator’s gross revenues).
25 The $500 forfeiture falls within the percentage range that the Commission has previously found acceptable. See
supra
note 24.
26 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80(f)(4), 95.409(a), 95.411(a)(1), (b).
27 47 C.F.R. § 1.80.
28 47 U.S.C. § 504(a).
29 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
3

Federal Communications Commission

DA 13-2083

or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL,
1005 Convention Plaza, St. Louis, MO 63101.
Ÿ
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at
(314) 418-4232 on the same business day the wire transfer is initiated.
Ÿ
Payment by credit card must be made by providing the required credit card information on FCC
Form 159 and signing and dating the Form 159 to authorize the credit card payment. The
completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
10.
Any request for making full payment over time under an installment plan should be sent to:
Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554.30 If you have questions regarding payment procedures,
please contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov.
11.
IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class and
Certified Mail, Return Receipt Requested, to Glenn S. Yamada at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau


30 See 47 C.F.R. § 1.1914.
4

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