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Before the
Federal Communications Commission
Washington, D.C. 20554
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In the Matter of File Number: EB-07-BS-164
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John Doe NAL/Acct. No: 200832260001
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Jamaica Plain, MA FRN: 0007823198
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ORDER
Adopted: October 31, 2008 Released: November 4, 2008
By the Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Order ("Order"), we cancel the proposed forfeiture and
admonish John Doe ("Doe") for willfully and repeatedly violating
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating radio transmission equipment in Jamaica Plain,
Massachusetts, on land mobile channels reserved exclusively for use by
public safety entities.
II. BACKGROUND
2. On October 22, 2007, the Boston Police Department reported by
telephone to the Boston Office of the FCC's Enforcement Bureau that it
was receiving interference to its radio communications system. Because
the interference was intermittent, the Telecommunications Director
advised the Boston Office that he would provide additional information
so that agents would know the best time of day to try to locate the
interfering signal with FCC direction finding equipment.
3. On October 25, 2007, the Telecommunications Director contacted the
Boston Office and reported that, on October 24, 2007, police officers
had arrested Doe, who admitted to operating on police radio channels.
According to the police reports submitted to the Boston Office, Doe
admitted at the time of his arrest on October 24, 2007, to purchasing
the radios in April 2007 and providing the radio vendors with Boston
Police radio codes so that the radios could be programmed with those
channels. Doe stated to police on October 24, 2007, that he had
discovered that his transmissions were disrupting police radio
communications three days prior, i.e., beginning on October 21, 2007.
At the time of the arrest, police confiscated two radios, a Yaesu
radio transceiver and a Motorola two-way handheld radio transceiver.
4. On October 25, 2007, an agent with the FCC's Boston Office met with
Boston police and examined the radios confiscated from Doe. The agent
confirmed that the radios were programmed with Boston Police radio
Channel 4, as well as Channel 1. The agent also determined that the
Yaesu transceiver was capable of emitting a tone that measures
approximately 1740 Hz. This type of tone is not typically found on
public safety radios and can be easily identified when monitoring
radio transmissions.
5. On November 20, 2007, the Boston Police Department submitted a log
showing the dates and times the police radio system received
interference from a radio transceiver that was emitting a tone similar
to the tone that Doe's Yaesu transmitter emits. Specifically, the log
shows that, during the three day period during which Die admits to
knowingly operating on police Channel 4, i.e., October 21, 2007 to
October 24, 2007, there were seven instances in which normal police
transmissions were interrupted by a tone similar to the tone the Yaesu
transmitter emits.
6. On November 27, 2007, the Boston Field Office issued a Notice of
Apparent Liability for Forfeiture ("NAL") to Doe in the amount of
$10,000 for operating radio transmitting equipment on land mobile
channels reserved exclusively for use by public safety entities. In
his response to the NAL, Doe does not dispute the findings, but
requests a cancellation of the forfeiture based on his inability to
pay.
III. DISCUSSION
7. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and The
Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
Policy Statement"). In examining Doe's response to the NAL and his
statement of income, 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.
8. After examining the financial documentation submitted by Doe, we
conclude that cancellation of the forfeiture is warranted, based
solely on his lack of income. Because of the seriousness of the
violation, however, we admonish Doe for his willful and repeated
violation of Section 301 of the Act.
IV. ORDERING CLAUSES
9. 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(f)(4) of the Commission's Rules, that the Notice of Apparent
Liability for Forfeiture issued to John Doe for violation of Section
301 of the Act IS HEREBY CANCELLED.
10. IT IS FURTHER ORDERED that John Doe IS ADMONISHED for his violation of
Section 301 of the Act.
11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to John Doe at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director, Northeast Region
Enforcement Bureau
Name redacted due to age of individual.
47 U.S.C. S: 301.
Doe was arrested on charges unrelated to his operation on police radio
channels.
The police report submitted to the Boston Office is in the form of a
memorandum from Sergeant Detective Robert Kjersgard, #11621, to Captain
Christine Michalosky, Area E-13 Commander, dated October 29, 2007 (CC #
070598288). The police report also indicated that another individual
interviewed by police officers admitted to being with Doe on October 24,
2007, and observed Doe communicating on a hand-held radio with a Boston
Police dispatcher.
The agent also observed that the radios were programmed with many other
channels that are not authorized for private use, e.g., police detective
channels, fire department channels, and housing authority channels.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832260001
(Enf. Bur., Boston Office, rel. November 27, 2007).
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
Because Doe has not filed federal income tax returns, Bureau staff
requested that Doe submit a signed statement of income.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4); 47 U.S.C. S:
301.
Federal Communications Commission DA 08-2449
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Federal Communications Commission DA 08-2449