Federal Communications Commission
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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 27, 2009
By the Acting District Director, Columbia Field Office, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that David Edward Perka 
(“Perka”), amateur radio licensee KA3PRB, apparently willfully and repeatedly violated Section 301 of the 
Communications Act of 1934, as amended (“Act”),1 by operating without a license in the Maritime Radio 
Service and apparently willfully violated 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.  We conclude, pursuant to Section 503(b) of the Act,2 that Mr. Perka is apparently liable for a 
forfeiture in the amount of seventeen thousand dollars ($17,000).
II. BACKGROUND
2. On April 6, 2008, the Commission’s Columbia Field Office (“Columbia Office”) was notified 
by the FCC Communications and Crisis Management Center that the U.S. Coast Guard (“USCG”) in 
Annapolis, Maryland, was experiencing interference intermittently throughout the day to the frequency 
156.800 MHz, which is the international radiotelephone distress, urgency, safety, call and reply frequency 
for ship, public and private coast stations, typically referred to as “Marine Channel 16”.  The Columbia 
Office’s District Director called the USCG and learned that the intruder, a male individual, had been on 
Marine Channel 16 intermittently since 5:00 a.m., harassing the USCG and interfering with its 
communications, including safety bulletins.  The interfering transmissions consisted of the subject 
speaking as well as tones from a Dual-Tone Multi-Frequency (DTMF) keypad.  There had been a five hour 
break between the intruder’s early-morning transmissions and approximately 4:30 p.m. when the USCG 
contacted the FCC.  The District Director advised the USCG that the Columbia Office would investigate 
the incident that evening.
3. At approximately 6:00 p.m., FCC agents arrived in Annapolis, Maryland and began 
monitoring Marine Channel 16.  The subject was not heard when the agents first arrived in Annapolis, but 
at approximately 6:20 p.m., the agents heard very weak transmissions from what they believed to be the 
  
1 47 U.S.C. §§ 301, 333.
2 47 U.S.C. § 503(b).  
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subject.  The agents repositioned their direction-finding (DF) vehicle to the area indicated by the DF 
bearings and shortly afterward, at about 6:45 p.m., the agents heard short clicks that were stronger than the 
previous transmissions, but the transmissions stopped and did not return.  
4. At approximately 8:00 p.m., having not heard activity for over an hour, the agents departed the 
area.  While leaving the area, the agents continued to monitor Marine Channel 16 in the DF vehicle.  At 
approximately 8:20 p.m., the agents heard the USCG responding to transmissions that seemed to be the 
same subject, based on the nature of the USCG radio operator’s response.  Within a minute, the agents 
received a phone call from the USCG that the subject had resumed operating on Marine Channel 16.
5. The agents proceeded back to the area they had identified earlier based on bearings and signal 
strength.  At approximately 8:40 p.m., as the agents reached the area of interest, they heard the subject on 
Marine Channel 16 continue to converse with the USCG radio operator about vacating the safety calling 
channel.  As the subject continued to transmit, the agents, using direction-finding techniques, traced the 
signal to a neighborhood of town homes near the intersection of Forest Drive and Hilltop Lane, about three 
miles from where they last heard the subject at 6:45 p.m.  Once inside the town home community, the 
agents were able to narrow the source of the signal to the middle units of a specific row of town homes on 
Heritage Court, specifically 51, 53 and 55 Heritage Court.  No antennas were visible.  While attempting to 
identify the source of the interfering signal, the agents heard the subject make threats to the USCG telling 
them to “move their boats” and related statements.  At approximately 9:00 p.m., the subject informed the 
USCG that he was not going to make anymore transmissions for the night.  Shortly after that, he ceased 
operating and the DF bearing could not be further refined to a specific town home unit.  Prior to leaving 
the area, the agents searched for any visible antennas, of which there were none.  The agents also recorded 
the license plate numbers of the cars parked near 51, 53 and 55 Heritage Court, one of which agents later 
determined was associated with Perka.3
6. On April 7, 2008, agents returned to the area of interest and inspected the block of town homes 
(51, 53 and 55 Heritage Court, Annapolis, MD) for further evidence of an antenna.  Again, no outside 
antennas were visible.  Most of the residents’ vehicles were gone.  After checking the area, the agents 
pulled into a shopping area to wait and listen for any activity on Marine Channel 16.  At approximately 
12:00 p.m., the agents heard a tone come across the speaker that was strong, indicating the signal was very 
near.  The tone lasted for about 30 seconds, giving the agents enough time to DF the signal.  The agents 
captured a bearing indicating that the signal was coming from the direction of the neighborhood where the 
town homes were located the previous evening.  While traveling in the direction of the town homes, the 
DF in the FCC vehicle indicated that the signal was coming from behind the FCC vehicle and was growing 
stronger, suggesting a mobile operator.  Shortly thereafter, the signal strength peaked and the bearing 
indication rotated around to indicate the source was now in front of the FCC vehicle.  The car had a 
magnetic whip antenna mounted on the roof.  Based on the license plate, agents were able to determine 
that this car was one of the cars observed in the parking lot in front of the town homes the previous 
evening.  The tones were DTMF tones, similar to tones heard in some of the disruptive transmissions 
recorded by the USCG on April 6, 2008.
7. The agents followed the suspect to a local liquor store, the Annapolis Wine & Spirits, located 
at 1307 Forest Drive in Annapolis.  The agents contacted the USCG special agent to advise him that they 
had located the subject.  While the subject was in the store, one of the agents stepped out of the car and 
observed amateur radio equipment on the center console of the subject’s car.  The agents waited for the 
subject to return to his car for questioning.  When the subject returned to his car, the FCC agent 
approached him for questioning about his radio.  The subject identified himself as David E. Perka and 
produced a driver’s license, which indicated that he resided at 51 Heritage Court.  In response to questions 
  
3 See infra at para. 7.
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from the FCC agents, Perka admitted to transmitting on Marine Channel 16 and harassing the USCG on 
April 6, 2008.  Perka claimed he wanted the USCG to “move their boats.”
8. When the USCG special agent arrived in the parking lot of the liquor store, he proceeded to 
interview the subject with the FCC agents.  Perka repeated to the USCG special agent what he told the 
FCC agents regarding his transmissions on Marine Channel 16 both that day in his car and the day before, 
stating that he wanted the USCG to “move their boats.”4 Perka voluntarily turned over the radio in his car 
to the USCG special agent.5  
III. DISCUSSION
9. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to comply 
substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any 
of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be 
liable for a forfeiture penalty.  The term “willful” as used in Section 503(b) of the Act has been interpreted to 
mean simply that the acts or omissions are committed knowingly.6 The term “repeated” means the 
commission or omission of such act more than once or for more than one day.7
10. Section 301 of the Act states that no person shall use or operate any apparatus for the 
transmission of energy or communications or signals by radio within the United States except under and in 
accordance with the Act and with a license granted under the provisions of the Act.  Section 80.13 of the 
Commission’s Rules provides generally that “stations in the maritime service must be licensed by the FCC 
either individually or by fleet.”8 As described above, FCC agents determined that, on April 6 and April 7, 
2008, Perka operated on Marine Channel 16.  Although Perka holds an amateur license, he does not hold a 
license to operate in the Maritime Service.  Because Perka admitted to FCC agents and to the USCG special 
agent that he operated on Marine Channel 16, we find that Perka willfully violated Section 301 of the Act.  
The violation occurred on more than one day; therefore, the violation was repeated.
11. Section 333 of the Act states that no person shall willfully or maliciously interfere with, or 
cause interference to, any radio communications of any station licensed or authorized by or under this Act 
or operated by the United States Government.  The legislative history for Section 333 identifies willful and 
malicious interference as “intentional jamming, deliberate transmission on top of the transmissions of 
authorized users already using specific frequencies in order to obstruct their communications, repeated 
interruptions, and the use and transmission of whistles, tapes, records, or other types of noisemaking 
  
4 Because of possible evidence of alcohol use, the Annapolis police were contacted and they arrested Perka for 
having an open alcohol container in his car.
5 On May 23, 2008, the USCG interviewed Perka again.  During that interview, Perka apologized for making the 
“broadcasts” and voluntarily relinquished all rights to the radio that he had turned over to the USCG on April 7, 
2008.
6 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that “[t]he term 'willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any 
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act….”  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
7 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that “[t]he term 'repeated', when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.” 
8 47 C.F.R. § 80.13.  Although there are certain circumstances under which a ship station is licensed by rule, the 
instant case does not involve a ship station and therefore the exceptions to the individual license requirement are not 
applicable.  See 47 C.F.R. § 80.13(c).
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devices to interfere with the communications or radio signals of other stations.”9 On April 6, 2008, the 
USCG reported to the Columbia Office that an unknown subject was interfering with its communications 
on Marine Channel 16, including safety bulletins, by using harassing language and activating DTMF tones.  
Later that evening, FCC agents heard the subject’s harassing transmissions on Marine Channel 16 and, 
using mobile direction finding equipment, traced the source of the signal to a group of town homes, one of 
which FCC agents later determined was Perka’s residence.  During an interview with FCC agents and a 
USCG special agent, on April 7, 2008, Perka admitted to transmitting on Marine Channel 16 and harassing
the USCG the previous day.  Because Perka admitted to knowingly interfering with USCG 
communications, we find that he willfully violated Section 333 of the Act.
12. In sum, based on the evidence before us, we find that Perka apparently, willfully and 
repeatedly operated in the Maritime Radio Service without a license in violation of Section 301 of the Act 
and apparently willfully violated Section 333 of the Act by maliciously interfering with USCG 
communications on Marine Channel 16.
13. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of 
the Rules to Incorporate the Forfeiture Guidelines, (“Forfeiture Policy Statement”), and Section 1.80 of the 
Rules, the base forfeiture amount for operation without an instrument of authorization is $10,000 and the 
base forfeiture amount for interference is $7,000.10 In assessing the monetary forfeiture amount, we must 
also take into account the statutory factors set forth in Section 503(b)(2)(E) of the Act, which include the 
nature, circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.11  
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant 
case, we conclude that Perka is apparently liable for a $17,000 forfeiture.12
 
IV. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 
1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, David E. Perka is 
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen 
thousand dollars ($17,000) for violations of Sections 301 and 333 of the Act.13
15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules within 
thirty days of the release date of this Notice of Apparent Liability for Forfeiture, David E. Perka SHALL 
PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.
16. 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 Number 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 
  
9 H.R. Rep. No. 101-316, at 13 (1989).
10 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80.
11 47 U.S.C. § 503(b)(2)(E).
12 We warn Perka that any future misconduct with radio transmission equipment could result in more serious 
sanctions, including a license revocation proceeding with regard to his amateur license.
13 47 U.S.C. §§ 301, 333.
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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.  If payment is made, Perka should send electronic notification on 
the date said payment is made to NER-Response@fcc.gov. 
17. The response, if any, must be mailed to Federal Communications Commission, Enforcement 
Bureau, Northeast Region, Columbia Field Office, 9200 Farm House Lane, Columbia, Maryland, 21046 and 
must include the NAL/Account Number referenced in the caption.  
18. 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.  
19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture 
shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to David Edward Perka at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Richard M. Caine
Acting District Director
Columbia Field Office
Northeast Region
Enforcement Bureau