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FCC Reduces Forfeiture for Florida Man Accused of Using Unauthorized Equipment


In November 2011, the FCC issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Michael Perry of Cross City, Florida. In a Forfeiture Order released on March 6, the FCC reduced the forfeiture that Perry must pay to $450. Perry was accused of operating a radio transmitter without the requisite FCC authorization and his failure to operate a Citizens Band station, “willfully violat[ing]” Section 301 of the Communications Act of 1934, as amended and Sections 95.409 (by operating an unlicensed and non-certificated CB transmitter) and 95.411 (by operating an unlicensed radio transmitter with two amplifiers) of the FCC’s rules.

On November 1, 2011, the Enforcement Bureau’s Tampa Office issued the NAL to Perry “for operation of a radio transmitter without the requisite authorization,” the Forfeiture Order stated. “Agents from the Tampa Office determined that Mr. Perry operated a non-certified CB transmitter and two linear amplifiers on CB channel 28 (on frequency 27.2850 MHz) on March 31, 2011. In view of the record evidence, the NAL proposed a $10,000 forfeiture against Mr Perry for violation of Section 301 of the Act and Sections 95.409 and 95.411 of the Rules. Mr Perry submitted a response to the NAL, denying that he operated the non-certified CB transmitter and amplifiers, and requesting cancellation or reduction of the forfeiture based on his inability to pay.”

According to the Forfeiture Order, the FCC based the reduction in accordance with Section 503(b) of the Communications Act, Section 1.80 of the Rules and the Forfeiture Policy Statement: “In examining Mr Perry’s response, Section 503(b) of the Communications 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. After full consideration of Mr Perry’s response in light of these statutory factors, we affirm our findings in the NAL that Mr Perry violated Section 301 of the Communications Act and Sections 95.409 and 95.411 of the Rules, but reduce the $10,000 forfeiture proposed to $450, based solely on his documented inability to pay.”

Perry has until April 5 to pay the $450 fine.



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