Federal Communications Commission DA 11-1584
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
David E. Perka
Annapolis, Maryland
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File Number:  EB-07-CF-0119
NAL/Acct. No.:  200932340001
FRN:  0008202053
FORFEITURE ORDER
Adopted:  September 20, 2011 Released:  September 21, 2011
By the Regional Director, Northeast Region, Enforcement Bureau:
I.  INTRODUCTION
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of 
seventeen thousand dollars ($17,000) to David Edward Perka (“Perka”), amateur radio licensee KA3PRB, 
for willfully and repeatedly violating section 301 of the Communications Act of 1934, as amended (“Act”),1
by operating without a license in the Maritime Radio Service and willfully violating section 333 of the Act 
by maliciously interfering with the United States Coast Guard (“USCG”) on the International Distress, 
Safety, and Calling Channel in Annapolis, Maryland.  In this Order, we consider Perka’s request that we 
cancel the forfeiture based on his inability to pay.
II. BACKGROUND
2. Agents in the FCC’s Columbia Office determined that, on April 6 and April 7, 2008, Perka 
operated on Marine Channel 16 (156.800 MHz), which is the International Distress, Safety, and Calling 
Channel for stations operating in the Maritime Radio Service.  Although Perka holds an amateur license, he 
does not hold a license to operate in the Maritime Service.  The unauthorized transmissions on April 6, 2008 
consisted of Perka making threatening statements to the USCG. Perka later admitted to FCC agents that the 
transmissions on April 6, 2008 were intentionally transmitted to harass the USCG.  The unauthorized 
transmissions on April 7, 2008 consisted of tones from a Dual-Tone Multi-Frequency (DTMF) keypad.
3. On March 27, 2009, the Columbia Office issued a Notice of Apparent Liability for 
Forfeiture (“NAL”) in the amount of $17,000 to Perka for apparently willfully and repeatedly violating 
section 301 of the Act by operating without a license in the Maritime Radio Service and apparently willfully 
violating section 333 of the Act by maliciously interfering with the USCG on Marine Channel 16.  In his 
response, Perka admits to the findings in the NAL, but requests a reduction based on his inability to pay.
III.   DISCUSSION
4. The proposed forfeiture amount in this case was assessed in accordance with section 
503(b) of the Act,2 section 1.80 of the Rules,3 and the Commission’s Forfeiture Policy Statement.4 In 
  
1 47 U.S.C. §§ 301, 333.
2 47 U.S.C. § 503(b).
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examining Perka'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.5  
We have considered Perka’s response to the NAL in light of these statutory factors.  Because Perka does 
not dispute any of the findings in the NAL, we find that he willfully and repeatedly violated section 301 
of the Act and willfully violated section 333 of the Act.  For the reasons discussed below, we decline to 
reduce the proposed forfeiture based on Perka's alleged inability to pay. 
5. The Commission has determined that, in general, gross revenues are the best indicator of 
an ability to pay a forfeiture.6 The NAL specifically stated that a cancellation or reduction based on 
inability to pay will not be considered unless the petitioner provides (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared according to generally accepted accounting 
practices ; or (3) some other reliable and objective documentation that accurately reflects the petitioner’s 
current financial status.7 The only documentation Perka submitted was a single unemployment check from 
the State of Maryland dated April 6, 2009.  Enforcement Bureau staff provided Perka an additional 
opportunity to submit documentation in support of his request for a reduction based on an inability to 
pay.8 Although we have evidence that Perka received the letter, we have not received a response.  We 
therefore have no basis for assessing Perka’s financial situation and find that a forfeiture in the amount of 
$17,000 is warranted.9
IV.  ORDERING CLAUSES
6. 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, David Edward Perka, IS LIABLE FOR A MONETARY FORFEITURE in the 
amount of $17,000 for willfully and repeatedly violating section 301 of the Act and willfully violating 
section 333 of the Act.10
7. 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 
     
3 47 C.F.R. § 1.80.
4 The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) 
(“Forfeiture Policy Statement”).
5 47 U.S.C. § 503(b)(2)(E).
6 See e.g., PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC Rcd 2088, 2089 (1992) 
(licensee's gross revenues are the best indicator of its ability to pay a forfeiture and use of gross revenues to determine a 
party's ability to pay is reasonable, appropriate, and a useful yardstick in helping to analyze a licensee’s financial 
condition).
7 NAL at para. 18.
8 See Letter from Salomon Satche, District Director, Columbia Office, to David Perka, dated May 26, 2011.  
9 San Jose Navigation, Inc., Forfeiture Order, 22 FCC Rcd 1040, 1043 (2007) (in assessing an inability to pay claim, 
the Commission requires the claimant to provide reliable and objective documentation that reflects its current overall 
financial status).
10 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4); 47 C.F.R. §§ 301, 333.
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Act.11 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/Account Number and FRN 
referenced above.  Payment by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to 
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
(payment type code).  Requests for full payment under an installment plan should be sent to: Chief 
Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: 
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. David Perka shall also send 
electronic notification on the date said payment is made to NER-Response@fcc.gov
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail 
and Certified Mail Return Receipt Requested to David Perka at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director, Northeast Region
Enforcement Bureau
  
11 47 U.S.C. § 504(a).