Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
In the Matter of File Number: EB-06-CG-064
)
Steven A. Skalecki NAL/Acct. No: 200832320001
)
Milwaukee, WI FRN: 0017228933
)
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 14, 2007
By the District Director, Chicago District Office, Northeast Region,
Enforcement Bureau:
I. 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"), 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,
that Steven A. Skalecki is apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000).
II. 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") 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.
III. 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. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
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. 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. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors, a $10,000 forfeiture is warranted.
IV. 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.
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.
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
47 U.S.C. S: 301.
47 U.S.C. S: 503(b).
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 mV/m at three meters. 47 C.F.R. S:
15.239. Measurements showed that the field strength of the station's
signal exceeded the permissible level for a non-licensed Part 15
transmitter.
Section 312(f)(1) of the Act, 47 U.S.C. S: 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).
Section 312(f)(2) of the Act, 47 U.S.C. S: 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."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(D).
47 C.F.R. S:S: 0.111, and 0.311.
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
2
Federal Communications Commission