Federal Communications Commission DA 96-2180 Before the Federal Communications Commission Washington, D.C 20554 In the Matter of ) ) In reply, refer to: Timothy Harold Hoffinan ) NAI7AccL 615HF0001 Phoenix, Arizona ) FORFEITURE ORDER Adopted: December 20,1996 Released: December 24, 1996 By the Chief, Compliance Division, Compliance and Information Bureau: L INTRODUCTION 1. This is a Notice of Monetary Forfeiture issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 503(b), to Timothy Harold Hoffinan for the willful violation of Sections 301, 303(n), and 333 of me Act, 47 U. S. C. §§ 301, 303 (n), 333, and Sections 15.29, 95.413(aX4X 95.413(aX6) and 95.426(a) of the Commission's rules, 47 C.F.R. §§ 15.29, 95.413 (aX4), 95.413(aX6), 95.426(a). The violation resulted from Timothy Harold Hoffinaris operation of a radio transmitter on amateur radio service frequencies without a valid license, failure to allow inspection of the radio station by authorized FCC personnel, willful and malicious interference to radio communications of licensed stations, and operation on CB channel 36,27.365 MHz, to transmit one-way communications and material to amuse or entertain. 2. The amount of forfeiture for this violation is $6,000. EL BACKGROUND 3. On May 14,1995, agents from the Douglas Field Office of the FCCs Compliance and Information Bureau (CIB), using mobile direction finding techniques, detected radio signals on citizens band channel 36, 27.365 MHz J3E (lower sideband), coming from an antenna located at 911 West Highland Avenue, Phoenix, Arizona. The transmissions consisted of retransmitted signals from an amateur radio service repeater on 147.24 Mhz. These were signals received by Mr. Hoffinan, who then used radio transmitting equipment to re-broadcast the material received. The Commission's agents observed me following violations from 8:05PM to 8:50PM MST, and from 8:55PM to 9:15PM MST: transmissions of one-way communications, which are prohibited by 47 C.F.R. §95.413(aX4), and transmission of material to amuse or entertain which is prohibited by 47 C.F.R. §95.413(aX6). 17463 Federal Communications Commission 4. On May 15, 1995, agents from the Douglas Field Office, using mobile direction techniques, detected radio signals being transmitted on 146.34 MHz, coming from an antenna located at 911 West Highland Avenue, Phoenix, Arizona. The operator making the transmission used the amateur radio service call sign N7ZZT. The agents checked FCC records and found that this amateur radio service call sign was not issued to Mr. Hofiman, and no amateur license has ever been granted to Mr. Hofiman. Transmissions were observed at 7:44 PM and 8:21 PM MST. At 8:21 PM MST, after positive direction finding results indicating the transmissions were being emitted from Mr. Hoffinaris residence, the FCC agents attempted to inspect the radio station at 911 West Highland Avenue. An adult male that came to the door admitted to being Timothy Hofiman and did not allow the agents to inspect the radio installatioa Mr. Hofiman would not confirm or deny the radio operation when asked by the FCC inspectors. Further transmissions from the residence ceased immediately after the attempted inspection. 5. On June 26, 1995, the Douglas Field Office issued an Official Notice of Violation (NOV) to Mr. Hofiman. The NOV outlined the violations of the Act and Commission's rules set forth in paragraph 1, above. Mr Hofiman responded to the NOV by letter dated July 5, 1995, in which he admitted that he was responsible for the violations. On September 3, 19%, Mr. Hofiman was issued a Further Notice of Apparent Liability that proposed a forfeiture in the amount of $6,000. By letter dated October 1, 1996, Mr. Hofiman requested a reduction or elimination of the forfeiture. Ill DISCUSSION 6. In his response letter, Mr. Hofiman states mat, due to child support payments, tax liens, and a garnishment of wages, he cannot afford to pay the forfeiture. We have carefully evaluated the information submitted by Mr. Hofiman. We have determined that the garnishment information is the only objective evidence submitted by Mr. Hofiman that reflects that he is making current payments to meet financial obligations. After weighing this garnishment against Mr. Hofiman's documented income, we have concluded that he has failed to adequately document his claim of inability to pay. 7. In view of the foregoing, we affirm the $6,000 forfeiture amount previously assessed IV. ORDERING CLAUSES 8. Mr. Hofiman has violated Sections 301, 303(n) and 333 of the Communications Act, 47 U.S.C. §§ 301, 303 (n), 333, and Sections 15.29, 95.413(aX4), 95.413(aX6), and 95.426(a) of the FCC Rules and Regulations. 9. Accordingly, FT IS ORDERED, pursuant to Section 503(b) of the Communications Act, 47 U.S.C. § 503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R. § 1.80, that Timothy Harold Hofiman IS LIABLE FOR MONETARY FORFEITURE in the amount of $6,000 for willful and repeated violations of the above rules. The amount specified was 17464 Federal Communications Commission determined after consideration of the factors set forth in Section 503(b) of the Communications Act 10. IT IS FURTHER ORDERED, pursuant to Sections 1.80(f)(3) and (h) of the Commission's Rules, 47 C.F.R. §§ 1.80(f)(3) and (h), that Timothy Harold Hofi&nan must pay the full amount of the monetary forfeiture amount of $6,000 within thirty (30) days of the date of release of this order. Forfeitures shall be paid by check, money order or credit card drawn on a United States financial institution payable to the Federal Communications Commissioa1 Please place the NAL/Acct numbers on the remittance and mail it to: Federal Communications Commission P. O. Box 73482 Chicago, IL 60673-7482 11. Any application for review or petition for reconsideration of this decision may be filed within 30 days from the release date of this Order in accordance with Sections 1.115 and 1.106 of the Commission's Rules, 47 C.F.R. §§1.115, 1.106, and mailed to: Federal Communications Commission Legal Services Group, Compliance Division, CIB Attention: Mail Stop Code 1500-E/PD 1919 M Street, N.W. Washington, DC 20554 COMMUNICATIONS COMMISSION RSalas Chief, Compliance Division Compliance and Information Bureau 1 Requests for installment plans should be mailed to: Chief; Billings and Collections, Mail Stop A, 1919 M Street, N.W., Washington, D.C. 20554. Payment of the forfeiture in installments may be considered as a separate matter in accordance with Section 1.1914 of the Commission's Rules. Payments may also be made by credit card, Contact Chief; Billings and Collections for additional information. 17465