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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                 )
Raimundo P. Silva                )       File Number EB-04-SF-150
                                 )
Former Licensee of Amateur       )     NAL/Acct. No. 200532960001
Station KD6SXG                   )                 FRN 0009808163
Brentwood, California            )




                        FORFEITURE ORDER

Adopted: July 25, 2005                                      
Released: July 27, 2005 

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 Raimundo P. Silva (``Silva''), former licensee of Amateur 
Station KD6SXG, for willful and repeated violations of Section 
301 of the Communications Act of 1934, as amended ("Act").1  The 
noted violations involve unauthorized operation by Silva on a 
frequency reserved for federal government use only.   

II.  BACKGROUND
  
     2.        On April 12, 2004, the Commission's San Francisco 
Field Office received a complaint that an authorized United 
States government user was receiving harmful interference from an 
unauthorized station that obstructed and interfered with 
satellite communications.  On April 19, 2004, San Francisco 
Office field agents, using electronic direction finding 
techniques, detected unauthorized civilian terrestrial 
transmissions on the reserved federal government frequency.  The 
agents took bearings of the radio signal which indicated the 
source of the signal to be a station in the vicinity of Silva's 
residence in Brentwood, California.  Between April and October, 
2004, the San Francisco agents detected, traced and documented 
numerous instances of both stationary and mobile unauthorized 
radio operations by Silva. 

     3.        According to Commission records, Silva was issued 
a General Class, amateur radio operator license with call sign 
KD6SXG, on February 23, 1993.2  The license was renewed on 
October 31, 2003, and will expire on October 31, 2013.  Pursuant 
to Section 97.103(a) of the Rules, licensed amateur radio 
operators are responsible for the proper operation of their 
stations in accordance with the Commission's Rules.3  Licensed 
amateur operators are authorized to operate on the frequencies 
listed Section 97.301 of the Rules, as designated by their 
operator class and license.4  In order to use designated 
frequencies in the amateur bands, amateur operators must follow 
the frequency sharing requirements in Section 97.301 of the Rules 
and the United States Table of Frequency Allocations (``Table''), 
found in Sections 2.105 and 2.1065 of the Rules.6  The Table 
lists the use of the frequency band 267 - 322 MHz as Federal 
Government only.7  A review of Commission records reveals no 
record of a license for the use of any frequency within this band 
issued to Silva.  

     4.        On October 26, 2004, the San Francisco Office 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in 
the amount of $20,000 to Silva.8  Also on October 26, 2004, 
agents inspected Silva's radio equipment.  Silva admitted 
operating radio equipment in the frequency band reserved for 
federal government use without a license, but asserted he was 
unaware that his unauthorized radio transmissions interfered with 
the federal government users' authorized operations.  Silva 
subsequently voluntarily relinquished all of his radio equipment 
for both the mobile and fixed systems and surrendered his amateur 
license.  After receiving an extension of time, Silva filed a 
response to the NAL on December 10, 2004 (``Response'').  In his 
Response, Silva does not contest the finding that he violated 
Section 301 of the Act.  Instead, he asks that the proposed 
forfeiture be cancelled or reduced on the grounds that when 
notified of the violation, Silva voluntarily relinquished his 
operating equipment to the San Francisco agents and then 
surrendered his amateur license to the Commission.  He also 
argues that he is unable to pay the proposed forfeiture and, to 
support this claim, supplies three years of tax records. 

III.  DISCUSSION

     5.        The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Act,9 Section 
1.80 of the Rules,10 and 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'').  In examining Silva's response, 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.11

     6.        Section 301 of the Act requires that no person 
shall use or operate any apparatus for the transmission of energy 
or communications or signal by radio except under and in 
accordance with this Act and with a license granted under the 
provisions of this Act.12  Silva does not contest the instant 
violation.  Instead he asks that the proposed forfeiture amount 
be reduced or cancelled because he voluntarily surrendered his 
operating equipment and his amateur license to the Commission.  
He also supplies three years of tax records to support his claim 
that he is unable to pay the proposed forfeiture amount.  Having 
reviewed Silva's response along with the supporting financial 
documentation we conclude, consistent with precedent, that a 
reduction of the proposed forfeiture to $500 is appropriate.13

     7.        We have examined Silva's response to the NAL 
pursuant to the statutory factors above, and in conjunction with 
the Forfeiture Policy Statement.  As a result of our review, we 
conclude that Silva willfully and repeatedly violated Section 301 
of the Act.  Considering the entire record and the factors listed 
above, we find that reduction of the proposed forfeiture is 
warranted, given Silva's voluntary surrender of his operating 
equipment and his amateur license, and his ability to pay.  
Accordingly, the forfeiture amount is reduced from twenty 
thousand dollars ($20,000) to five hundred dollars ($500).

IV.  ORDERING CLAUSES

     8.        ACCORDINGLY, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as amended 
(``Act''), and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission's Rules, Raimundo P. Silva IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of $500 for willfully and repeatedly 
violating Section 301 of the Act.14

     9.        Payment of the forfeiture shall be made in the 
manner provided for in Section 1.80 of the Rules within 30 days 
of the release of this Order.  If the forfeiture is not paid 
within the period specified, the case may be referred to the 
Department of Justice for collection pursuant to Section 504(a) 
of the Act.15  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.  Requests for full payment under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Group, 445 12th Street, S.W., Washington, D.C. 
20554.16

     10.       IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class Mail and Certified Mail Return 
Receipt Requested to Raimundo P. Silva at his address of record. 



                              FEDERAL COMMUNICATIONS COMMISSION




                              Rebecca L. Dorch
                              Regional Director, Western Region
                              Enforcement Bureau
_________________________

147 U.S.C. § 301.

2In accordance with Part 97 of the Commission's Rules, operation 
of an amateur station requires an amateur operator license grant 
from the FCC.  Before receiving a license grant, an applicant 
must pass an examination which contains one telegraphy (Morse 
code) element and three written elements which establish the 
applicant's level of operational and technical ability in 
performing properly the duties of an amateur service licensee.  
The class for which each examinee is qualified is determined by 
the degree of skill and knowledge in operating a station that the 
examinee demonstrates at the examination.  There are six classes 
of amateur operator licenses.  The higher the license class, the 
more expertise the licensee must demonstrate and the greater the 
frequency privileges the amateur operator is authorized.  In 
ascending order, the classes of amateur operator license grants 
are: Novice, Technician, Technician Plus, General, Advanced and 
Amateur Extra.  See 1998 Biennial Regulatory Review - Amendment 
of Part 97 of the Commission's Amateur Service Rules, 13 FCC Rcd 
15798 (1998).

347 C.F.R. § 97.103(a).   

447 C.F.R. § 97.301. 

547 C.F.R. §§ 2.105, 2.106.  

6See 47 C.F.R. § 97.303.   

747 C.F.R. § 2.106. 

8Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532960001 (Enf. Bur., Western Region, San Francisco Office, 
released October 26, 2004).

947 U.S.C. § 503(b).

1047 C.F.R. § 1.80.

1147 U.S.C. § 503(b)(2)(D).

1247 U.S.C. § 301.

13See, e.g., Ronald E. Sauer, 19 FCC Rcd 14884 (EB 2004); 
Kornwell Chan, 16 FCC Rcd 14893 (EB 2001). 

1447 U.S.C. §§ 301, 503(b), 47 C.F.R. §§ 0.111, 0.311, 
1.80(f)(4).

1547 U.S.C. § 504(a).

16See 47 C.F.R. § 1.1914.