Federal Communications Commission FCC 16-66 Before the Federal Communications Commission Washington, DC 20554 In the Matter of Jason R. Humphreys Seffner, Florida ) ) ) ) ) File No.: EB-FIELDSCR-13-00008645 NAL/Acct. No.: 201432700003 FRN: 0023473317 FORFEITURE ORDER Adopted: May 24, 2016 Released: May 25, 2016 By the Commission: 1. We impose a penalty of $48,000 against Mr. Jason R. Humphreys for using a cell phone jamming device in his car during his daily commute between Seffner and Tampa, Florida. Mr. Humphreys’ illegal operation of the jamming device continued for up to two years, caused actual interference to cellular service along a significant portion of Interstate 4, and disrupted police and other emergency communications. 2. On April 29, 2014, the Commission issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $48,000 forfeiture against Mr. Humphreys for willful and repeated violations of Sections 301, 302(b), and 333 of the Communications Act of 1934, as amended (Act) and Sections 2.805(a) and 15.1(c) of the Commission’s rules by unauthorized operation of an illegal jamming device, and causing intentional interference. 1 Mr. Humphreys has not filed a response to the NAL. 2 Based on the information before us, we affirm the forfeiture proposed in the NAL. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act 3 and Section 1.80 of the Commission’s rules, 4 Mr. Jason R. Humphreys IS LIABLE FOR A MONETARY FORFEITURE in the amount of forty-eight thousand dollars ($48,000) for willfully and repeatedly violating Sections 301, 302(b), and 333 of the Act 5 and Sections 2.805(a) and 15.1(c) of the Commission’s rules. 6 1 The NAL includes a more complete discussion of the facts and history of this case and is incorporated herein by reference. Jason R. Humphreys, Notice of Apparent Liability for Forfeiture, 29 FCC Rcd 5476, 5477 (2014); 47 U.S.C. §§ 301, 302a(b), 333; 47 CFR §§ 2.805(a), 15.1(c). 2 In April 2014, Enforcement Bureau staff mailed to Mr. Humphreys via certified mail, return receipt requested, a copy of the NAL, in accordance with its terms, and received the return receipt. In June 2014, and December 2015, staff mailed two notices to Mr. Humphreys advising him of his options, including demonstrating an inability to pay. Both certified letters were returned as unclaimed. See Letter to Mr. Jason R. Humphreys from Ralph M. Barlow, District Director, FCC Enforcement Bureau, Tampa Field Office (Jun. 19, 2014); Letter to Mr. Jason R. Humphreys from JoAnn Lucanik, Deputy Chief, Spectrum Enforcement Division, FCC Enforcement Bureau (Dec. 15, 2015). Further, Enforcement Bureau staff attempted on three occasions to reach Mr. Humphreys by phone – once in June of 2014, and twice in late 2015. Staff spoke to Mr. Humphreys once but was disconnected, and he did not answer staff’s call to him immediately thereafter. 3 47 U.S.C. § 503(b). 4 47 CFR § 1.80. 5 47 U.S.C. §§ 301, 302a(b), 333. 6 47 CFR §§ 2.805(a), 15.1(c). Federal Communications Commission FCC 16-66 2 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days after the release date of this Forfeiture Order. 7 If the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Act. 8 5. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. Mr. Jason R. Humphreys shall send electronic notification of payment to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and Maureen McCarthy at Maureen.McCarthy@fcc.gov on the date said payment is made. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted. 9 When completing the Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below are additional instructions that should be followed based on the form of payment selected: ? Payment by check or money order must be made payable to the order of the Federal Communications Commission. Such payments (along with the completed Form 159) must be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. ? Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the same business day the wire transfer is initiated. ? Payment by credit card must be made by providing the required credit card information on FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment. The completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 6. Any request for making full payment over time under an installment plan should be sent to: Chief Financial Officer – Financial Operations, Federal Communications Commission, 445 12th Street, SW, Room 1-A625, Washington, DC 20554. 10 Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov. 7 47 CFR § 1.80. 8 47 U.S.C. § 504(a). 9 An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 10 See 47 CFR § 1.1914. Federal Communications Commission FCC 16-66 3 7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first class mail and certified mail, return receipt requested, to Mr. Jason R. Humphreys at his address of record. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary