*Pages 1--2 from Microsoft Word - 5621.doc* Federal Communications Commission DA 00- 2837 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) GNOTS Reserve, Inc. ) File No. EB- 00- OR- 062 WXS4872 ) Destrehan, Louisiana ) NAL/ Acct. No. X3262009 FORFEITURE ORDER Adopted: December 15, 2000 Released: December 19, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a $4, 000 monetary forfeiture to GNOTS Reserve, Inc. (“ GNOTS Reserve”) for willfully violating Section 80.373( f) 1 of the Commission’s Rules (“ Rules”) by operating radio transmitting equipment on a frequency not authorized by the Rules. 2. On May 10, 2000, an agent from the New Orleans Field Office observed transmissions on frequency 157.175 MHz. Section 80.373( f) of the Rules lists authorized VHF marine radio frequencies in the 156- 162 MHz range. The frequency 157.175 MHz is not listed in Section 80. 373( f) as an assignable frequency and is not allowed for routine use within the United States. By using radio direction finding techniques, the agent determined the transmissions were coming from a vessel identified as KOOLCAT. The KOOLCAT was determined to belong to GNOTS Reserve. 2 On August 23, 2000, the District Director of the New Orleans Field Office issued a Notice of Apparent Liability (" NAL") to GNOTS Reserve for $4,000, which is the base amount for this violation. 3. In its response to the NAL, dated September 13, 2000, GNOTS Reserve acknowledges that this is its second violation of Section 80. 373( f). GNOTS Reserve expresses the opinion that the vessel operators who actually make the unauthorized transmissions should bear some of the responsibility for those transmissions. GNOTS Reserve further opines that if international and Canadian frequencies are unauthorized, then they should not be installed in all VHF Radio equipment sold in the United States. 4. As noted, GNOTS Reserve acknowledges that the violation occurred. Licensees are expected to know and comply with the Commission's Rules, and will not be excused for 1 47 C. F. R. § 80. 373( f). 2 On May 12, 1999, another vessel belonging to GNOTS Reserve, the TOMCAT, was observed transmitting on frequency 156.075 MHz, which is also unauthorized. GNOTS Reserve was issued a Warning Letter for Unauthorized Operation of Radio Transmitting Equipment for this violation. 1 Federal Communications Commission DA 00- 2837 2 violations thereof, absent clear mitigating circumstances. 3 GNOTS Reserve has not presented any mitigating circumstances that would warrant reducing or eliminating the forfeiture. 7. Accordingly, IT IS ORDERED that, pursuant to Section 503( b) of the Communications Act of 1934, as amended, 4 and Sections 0.111, 0. 311, and 1.80( f)( 4) of the Rules, 5 GNOTS Reserve, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for violating Section 80.373( f) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 6 within thirty (30) days of the release of this Order. If the forfeiture is not paid within the specified period, the case may be referred to the Department of Justice for collection pursuant to Section 504( a) of the Act. 7 Payment may be made by mailing a check or similar instrument, payable to the order of the “Federal Communications Commission,” to the Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment should note the NAL/ Acct. No. X3262009. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12 th Street, S. W., Washington, D. C. 20554. 8 9. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by certified mail, return receipt requested, to GNOTS Reserve, Inc., P. O. Box 1147, Destrehan, Louisiana 70047. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 3 Sitka Broadcasting Co., Inc., 70 FCC 2d 2375, 2378 (1979), citing Lowndes County Broadcasting Co., 23 FCC 2d 868 (1970). 4 47 U. S. C. 503( b). 5 47 C. F. R. §§ 0. 111, 0.311, and 1.80( f)( 4). 6 47 C. F. R. § 1. 80. 7 47 U. S. C. § 504( a). 8 See 47 C. F. R. § 1.1914. 2