Look what google can do, it's magic.... this was the 5th result, below radioreference which was 1st.
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Klaus D. Kramer, KA5NUP [G] ) File No. EB-01-DL-0345
)
Oklahoma City, OK ) NAL/Acct.No. 200132500001
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 13, 2001
By the Enforcement Bureau, Dallas Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we find that Klaus
D. Kramer, violated Section 301 of the Communications Act of 1934 ("Act"),
as amended,[1] by operating a radio station on Citizens Band frequencies
without Commission authorization. We conclude that Klaus D. Kramer is
apparently liable for a forfeiture in the amount of nine thousand five
hundred dollars ($9,500).
II. BACKGROUND
2. On January 20, 2001, the FCC's Enforcement Bureau's Communications and
Crisis Management Center received a telephone call complaining about a
Citizens Band operator in the Oklahoma City area operating with excessive
power and using the pseudonym "Bamm Bamm".
3. On February 21, 2001, two Commission agents in the Oklahoma City,
Oklahoma area observed transmissions on Citizens Band channel 19 (27.185
MHz) with the operator using the pseudonym "Bamm Bamm". Using an FCC radio
direction-finding vehicle, the agents determined that the transmissions
emanated from the residence of Klaus D. Kramer in Grady County, Oklahoma. An
abrupt increase in signal strength was noted corresponding to the operator
transmitting a statement that he was turning his "power back on."
4. On February 23, 2001, two FCC agents in the Oklahoma City, Oklahoma area
observed a series of transmissions on Citizens Band channel 19 (27.185 MHz)
each with a male voice and repeating a message. A series of other
transmissions were observed on the same channel (CB channel 19) each with a
female voice repeating a different message. Using an FCC radio
direction-finding vehicle, an FCC agent determined that one of the
transmissions emanated from 1211 N. Shartel Avenue, Oklahoma City, Oklahoma.
FCC agents using radio direction-finding vehicles determined that the other
transmissions emanated from Mike's Cycle Shop, a business owned by Klaus D.
Kramer and located at 2212 SW 29th Street, Oklahoma City, Oklahoma. The
Commission agents conducted an inspection at 2212 SW 29th Street, Oklahoma
City, Oklahoma and determined that Klaus Kramer was using an uncertified
Citizens Band transmitter installed inside the casing of an
Industrial/Business UHF two-way transceiver. The output of the CB
transmitter was connected to a model "Dixie Lander 3" external radio
frequency power amplifier. This system was automatically activated upon
reception of a tone coded signal on 469.575 MHz, an Industrial/Business Pool
frequency authorized for other purposes to Klaus D. Kramer d.b.a. Mikes
Cycle Shop under license WPHP749.
5. Immediately following the inspection at 2212 SW 29th Street, the agents
conducted an inspection at 1211 N. Shartel Avenue and determined that Klaus
D. Kramer was using a modified Realistic Navaho CB transmitter that was
connected to a "DX-400" external radio frequency power amplifier. Installed
internally to the CB transmitter was an integrated circuit chip with the
male voice message digitally recorded and a UHF receiver that automatically
activated the CB transmitter upon reception of a tone coded signal on
469.575 MHz, an Industrial/Business Pool frequency authorized for other
purposes to Klaus D. Kramer d.b.a. Mikes Cycle Shop under WPHP749. The
agents verbally warned Klaus D. Kramer that use of an external radio
frequency power amplifier and/or a modified CB transmitter voided his
authority to operate a CB station, that such operation violated Section 301
of the Act, and advised him of the penalties for unlicensed operation. Klaus
D. Kramer admitted to making the transmissions on February 21, 2001
utilizing an "Afterburner" model external radio frequency power amplifier.
Furthermore, Klaus D. Kramer admitted to making by remote control the
transmissions on February 23, 2001 using external radio frequency power
amplifiers connected to the non-certified transmitters which he admitted
modifying. Klaus D. Kramer, as owner of the equipment, voluntarily
relinquished the equipment to the FCC agents.
6. In March 1998 and October 1999, agents of the Commission's Dallas Office
determined that Klaus D. Kramer had committed similar violations.
III. DISCUSSION
7. Section 301 of the Act sets forth generally that no person shall use or
operate any apparatus for the transmission of energy of communications or
signals by radio within the United States except under and in accordance
with the Act and with a license[2]. Pursuant to Section 307(e) of the Act,
Section 95.404 authorizes operation of a Citizens Band (CB) station without
individual licenses in accordance with the rules in Part 95, Subpart D of
the Commission's Rules. However, Section 95.409(b) of the Commission's Rules
voids individual authority to operate a CB station under Section 95.404 if
the operator utilizes a certificated CB transmitter with internal
modifications. Moreover, Section 95.411 of the Commission's Rules voids
individual authority to operate a CB station if the operator utilizes an
external radio frequency power amplifier.
8. Based on the evidence before us, we find that on February 21 and 23,
2001, Klaus D. Kramer repeatedly[3] and willfully[4] violated Section 301 of
the Act by operating radio transmitters without Commission authorization.
9. Pursuant to 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), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy
Statement"), the base forfeiture amount is $10,000 for unlicensed operation.
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 violation(s),
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.[5] Klaus D. Kramer's violation was willful and repeated. However, a
reduction in this forfeiture amount by $500 is warranted based on Klaus D.
Kramer's voluntary relinquishment of the offending non-certified
transmitting equipment. Applying the Forfeiture Policy Statement and
statutory factors to the instant case, a $9,500 forfeiture is warranted.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act,[6] and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,[7]
Klaus D. Kramer, is hereby NOTIFIED of his APPARENT LIABILITY FOR A
FORFEITURE in the amount of nine thousand five hundred dollars ($9,500) for
violating Section 301 of the Act[8].
11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's
Rules,[9] within thirty days of the release date of this NOTICE OF APPARENT
LIABILITY, Klaus D. Kramer, SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
12. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications Commission,
to the Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, IL 60673-7482. The payment should note
the NAL/Acct. No. referenced in the letterhead above.
13. The response, if any, must be mailed to Federal Communications
Commission, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Washington, DC 20554, Attn: Enforcement Bureau -- Technical
and Public Safety Division, and MUST INCLUDE THE NAL/Acct. No. reference in
the letterhead above.
14. 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.
15. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, SW, Washington, DC 20554.[10]
16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by Certified Mail Return Receipt Requested to Klaus D. Kramer
at 2212 SW 29th Street, Oklahoma City, OK 73119-2118.
FEDERAL COMMUNICATIONS ...