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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )      File Number EB-04-OR-185
                                                             )
Scottie E. Kennedy                 )     NAL/Acct. No.200532620002
Greenbrier, Arkansas               )
                                  )                FRN 0012802096
                                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                    Released:  April 6, 2005

By the District Director,  New Orleans Office, South Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Scottie E. Kennedy (``Mr. 
Kennedy''), apparently liable for a forfeiture in the amount 
of ten thousand dollars ($10,000) for willful violation of 
Section 301 of the Communications Act of 1934, as amended 
(``Act'').1  Specifically, we find Mr. Kennedy apparently 
liable for operating a transmitter on 157.025 MHz (VHF 
marine channel 80) without a license. 

II.  BACKGROUND

     2.   On March 5, 2004, the Commission's New Orleans 
Office of the Enforcement Bureau (``New Orleans Office'') 
received a complaint about the misuse of VHF marine radios 
along the Arkansas River in Arkansas.  Agents from the New 
Orleans Office contacted several employees of the Arkansas 
Game and Fish Commission, who stated they had been trying 
unsuccessfully to stem the use of VHF marine radios by area 
hunters.  Despite their efforts to educate hunters that such 
use of VHF marine radios is illegal, the employees stated 
hunters continued to use marine frequencies for hunting 
activities.

     3.   On November 13, 2004, the opening day of deer 
hunting season, agents from the New Orleans Office used 
radio direction finding techniques to determine that the 
source of a signal on 157.025 MHz (VHF marine channel 80) 
was coming from a 1988 tan Chevrolet pickup truck in 
Faulkner County, Arkansas.  The driver of the vehicle was 
observed talking into a radio microphone.  The agents 
determined that the driver of the vehicle was Mr. Kennedy 
and that the vehicle was registered under his name.  A 
search of Commission records provided no authorization for 
Mr. Kennedy to operate on this frequency.

     4.   On December 13, 2004, the New Orleans Office sent 
Mr. Kennedy a warning letter for unlicensed operation of a 
transmitter on 157.025 MHz.

     5.   On December 23, 2004, the New Orleans Office 
received a reply to the warning letter from Mr. Kennedy in 
which he admitted operating a radio transmitter on 157.025 
MHz without a license to talk to his ``Hunting buddies.''  
He also stated that he had his radio for approximately two 
and a half years.

III.  DISCUSSION

     6.   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 issued by the Commission.2  The frequency 157.025 
MHz has been assigned to VHF Marine Channel 80 for maritime 
services.3  Section 80.13 of the Rules states that stations 
in the maritime service must be licensed either individually 
or by fleet.4  Ship stations may also be licensed by rule 
under certain circumstances without an individual license.5  
However, ship stations are defined as those radio stations 
located on vessels not permanently moored,6and Part 80 of 
the Rules does not make any provisions for authorizing 
maritime stations in vehicles on land.  On November 13, 
2004, agents from the New Orleans Office observed Mr. 
Kennedy operate a radio transmitter on a VHF marine channel 
from a land-based vehicle.  The Commission's records showed 
that Mr. Kennedy did not have a license to operate this 
station and does not qualify to be licensed by rule.  Mr. 
Kennedy subsequently admitted to the unlicensed operation. 

     7.   Based on the evidence before us, we find that, on 
November 13, 2004, Mr. Kennedy willfully7 violated Section 
301 of the Act by operating an unlicensed radio transmitter 
on 157.025 MHz.

     8.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules (``Rules''),8 the base forfeiture amount for operation 
without an instrument of authorization is $10,000.  In 
assessing the monetary forfeiture amount, we must also take 
into account the statutory factors set forth in Section 
503(b)(2)(D) of the Act, which include 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.9  Considering the entire 
record and applying the factors listed above, this case 
warrants a $10,000 forfeiture.

IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 
1.80 of the Rules,11 Scottie E. Kennedy is hereby NOTIFIED 
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
ten thousand dollars ($10,000) for willful violation of 
Section 301 of the Act by operating an unlicensed 
transmitter on 157.025 MHz.

     10.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Scottie E. Kennedy SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 
forfeiture.

     11.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  Payment by check or money order 
may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, IL 60673-7482.  Payment by overnight mail may be 
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.  Payment by wire transfer may 
be made to ABA Number 071000013, receiving bank Bank One, 
and account number 1165259.  The payment should note 
NAL/Acct. No. 200532620002, and FRN 0012802096.  Requests 
for payment of the full amount of this NAL under an 
installment plan should be sent to: Chief, Revenue and 
Receivable Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.12

     12.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, New Orleans Office, Suite 460, 2424 Edenborn Avenue, 
Metairie, LA  70001, within thirty days of the release date 
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced 
above.  

     13.  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.  

     14.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Scottie E. Kennedy at his record of 
address.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION





                              James C. Hawkins
                              New Orleans Office
                              South Central Region
                              Enforcement Bureau
_________________________

147 U.S.C. � 301

247 U.S.C. � 301. 

3See 47 C.F.R. � 80.373(f).

447 C.F.R. � 80.13.

5 47 C.F.R. �80.13(c).

6See 47 C.F.R. �� 80.5, 80.13.

7Section 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 . . . .''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387-88 
(1991).

847 C.F.R. � 1.80(b)(4).

947 U.S.C. � 503(b)(2)(D).

1047 U.S.C. � 503(b).

1147 C.F.R. �� 0.111, 0.311, 1.80.

12See 47 C.F.R. � 1.1914.