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FCC Settles with Cellphone jammer
ORDER
Adopted: March 11, 2016 Released: March 11, 2016
By the Chief, Enforcement Bureau:
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The Enforcement Bureau (Bureau) of the Federal Communications Commission has
entered into a Consent Decree to resolve its investigation into Mr. Gary P.
Bojczak’s use of a Global Positioning System (GPS) jamming device at Newark
Liberty International Airport in August 2012. Signal jamming devices overpower,
jam, or interfere with authorized wireless communications. In order to protect
the public and preserve unfettered access to emergency and other communications
services, the Communications Act and Commission regulations broadly prohibit the
importation, use, marketing, manufacture, and sale of jamming devices.
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Mr. Bojczak has fully cooperated with the Bureau's investigation. In his
response to the Commission's Notice of Apparent Liability for Forfeiture (NAL),
Mr. Bojczak provided the Bureau with detailed financial information, submitted
under oath, establishing his inability to pay the proposed forfeiture. To
settle this matter, Mr. Bojczak admits that he violated the laws and regulations
that prohibit the use of signal jammers, will comply with these rules in the
future, and will pay a civil penalty of $2,360 for which he has a demonstrated
ability to pay. The remainder of the proposed civil penalty will be suspended.
However, Mr. Bojczak will pay the remainder of the original proposed civil
penalty if the Commission finds during the next three years that he failed to
comply with the jammer rules or that he misled the Commission regarding his
current financial status.
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After reviewing the terms of the Consent Decree and evaluating the facts before
us, we find that the public interest would be served by adopting the Consent
Decree and resolving the NAL against Mr. Bojczak regarding his use of a signal
jammer as prohibited by the Communications Act of 1934, as amended, (Act)
and the Commission’s rules (Rules).
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In the absence of material new evidence relating to this matter, we do not set
for hearing the question of Mr. Bojczak’s basic qualifications to hold or obtain
any Commission license or authorization.
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Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), and 503(b) of
the Act
and the authority delegated by Sections 0.111 and 0.311 of the Rules,
the attached Consent Decree IS ADOPTED and its terms incorporated by
reference.
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IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED
and the NAL IS CANCELED.
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IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail,
return receipt requested, to Mr. Gary P. Bojczak at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
Before the
Federal Communications Commission
Washington, DC 20554
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In the Matter of
Gary P. Bojczak
Whitehouse Station, New Jersey
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File No.: EB-FIELDNER-12-00003665
NAL/Acct. No.: 201332380001
FRN: 0022861959
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CONSENT DECREE
1.The Enforcement Bureau of the Federal Communications Commission and Mr. Gary
P. Bojczak (Mr. Bojczak), hereby enter into this Consent Decree for the purpose
of terminating the Enforcement Bureau’s investigation into whether Mr. Bojczak
violated Sections 301, 302(b) and 333 of the Communications Act of 1934, as
amended,
and Sections 2.805(a) and 15.1(c) of the Commission’s rules,
in connection with Mr. Bojczak’s operation of a Global Positioning System (GPS)
jamming device (signal jammer or jammer) at Newark Liberty International
Airport.
2.DEFINITIONS
3.For the purposes of this Consent Decree, the following definitions shall
apply:
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“Act” means the Communications Act of 1934, as
amended.
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“Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
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“Bureau” means the Enforcement Bureau of the Federal Communications Commission.
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“Commission” and “FCC” mean the Federal Communications Commission and all of its
bureaus and offices.
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“Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which Mr. Bojczak is
subject by virtue of his activities.
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“Compliance Commitment” means the compliance obligations described in this
Consent Decree at paragraph 11.
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“Mr. Bojczak” means Mr. Gary P. Bojczak of Whitehouse Station, NJ.
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“Effective Date” means the date by which both the Bureau and Mr. Bojczak have
signed the Consent Decree.
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“Investigation” means the investigation into Mr. Bojczak’s apparent violations
of the Act commenced by the Bureau’s initial inquiry in EB-FIELDNER-12-00003665.
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“Jammer Laws” means Sections 301, 302(b) and 333 of the Act, Sections 2.805(a)
and 15.1(c) of the Rules, and other Communications Laws that prohibit the use or
operation of a cellular phone jammer or other signal jammer.
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“NAL” means the Notice of Apparent Liability for Forfeiture issued to Mr.
Bojczak on August 2, 2013.
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“Parties” means Mr. Bojczak and the Bureau, each of which is a “Party.”
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“Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
4.BACKGROUND
5.Section 301 of the Act prohibits the use or operation of “any apparatus for
the transmission of energy or communications or signals by radio” within the
United States unless such use is licensed or authorized.
Section 302(b) of the Act provides that “[n]o person shall manufacture, import,
sell, offer for sale, or ship devices or home electronic equipment and systems,
or use devices, which fail comply with regulations promulgated pursuant to this
section.” Section 333 of the Act states that
“[n]o person shall willfully or maliciously interfere with or cause interference
to any radio communications of any station licensed or authorized by or under
this chapter or operated by the United States government.”
6.In response to a complaint from the Federal Aviation Administration, an agent
from the Bureau’s New York Office investigated interference during
pre-deployment testing of a ground-based augmentation system (GBAS)
at Newark Liberty International Airport. The agent found that a red Ford pickup
truck with New Jersey license plates was emanating radio signals within the
restricted 1559 to 1610 MHz band allocated to the Radionavigation-Satellite
service and used by the GPS satellite navigation system.
The signals emanating from the vehicle were blocking the reception of GPS
signals by the GPS receivers used in the GBAS. The FCC agent interviewed the
driver, who identified himself as Gary Bojczak and admitted that he owned and
operated the radio transmitting device that was jamming GPS transmissions. Mr.
Bojczak voluntarily surrendered the jammer to the FCC agent. After the jammer
was removed from the vehicle and turned off, the agent confirmed that the
unauthorized signals had ceased. On August 2, 2013, the Commission issued the
NAL against Mr. Bojczak for these apparent violations of the Jammer Laws.
7.Following release of the NAL, the Bureau and Mr. Bojczak conducted
settlement negotiations. During those negotiations, Mr. Bojczak presented – and
swore to the truth of – financial information establishing his inability to pay
the proposed forfeiture amount. Among the materials submitted to the Bureau by
Mr. Bojczak were his four most recent years’ federal income tax returns, three
years of wage and tax (W-2) forms, year-to-date-earnings statements, as well as
bank statements and mortgage information. After further discussions, the Parties
agree to the following terms and conditions of settlement and hereby enter into
this Consent Decree as provided below.
8.TERMS OF AGREEMENT
9.Adopting Order. The provisions of this Consent Decree shall be
incorporated by the Bureau in an Adopting Order.
10.Jurisdiction. Mr. Bojczak agrees that the Bureau has
jurisdiction over him and the matters contained in this Consent Decree and has
the authority to enter into and adopt this Consent Decree.
11.Effective Date; Violations. The Parties agree that this Consent
Decree shall become effective on the Effective Date as defined herein. As of the
Effective Date, the Parties agree that this Consent Decree shall have the same
force and effect as any other order of the Commission.
12.Termination of Investigation. In express reliance on the
covenants and representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the Investigation, Mr.
Bojczak agrees to the terms, conditions, and procedures contained herein. The
Bureau further agrees that, in the absence of new material evidence, it will not
use the facts developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute, on its own motion, any new
proceeding, formal or informal, or take any action on its own motion against Mr.
Bojczak concerning the matters that were the subject of the Investigation. The
Bureau also agrees that, in the absence of new material evidence, it will not
use the facts developed in the Investigation through the Effective Date, or the
existence of this Consent Decree, to institute on its own motion any proceeding,
formal or informal, or to set for hearing the question of Mr. Bojczak’s basic
qualifications to be a Commission licensee or hold Commission licenses or
authorizations.
13.Admission of Liability. Mr. Bojczak
admits for the purpose of this Consent Decree and for Commission civil
enforcement purposes, and in express reliance on the provisions of paragraph 4
herein, that the actions that were the subject of the NAL violated the
Jammer Laws.
14.Compliance Commitment. Mr. Bojczak
has ceased using and agrees not to use in the future any cellular jamming device
or other illegal jamming device. Any such operation would violate the Jammer
Laws and the terms of this Consent Decree. Mr. Bojczak shall report any
noncompliance with the Jammer Laws or with the terms and conditions of this
Consent Decree within fifteen (15) calendar days after discovery of such
noncompliance to Chief, Spectrum Enforcement Division, Enforcement Bureau,
Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554,
with a copy submitted electronically to JoAnn Lucanik at JoAnn.Lucanink@fcc.gov
and Maureen McCarthy at Maureen.McCarthy@fcc.gov.
15.Termination Date. Unless stated otherwise, the
requirements set forth in paragraph 11 shall expire thirty-six (36) months after
the Effective Date.
16.Civil Penalty. In light of Mr. Bojczak’s demonstrated inability
to pay and subject to the provisions of paragraph 14 below, Mr. Bojczak will pay
a civil penalty to the United States Treasury in the amount of two thousand
three hundred sixty dollars ($2,360) (Civil Penalty). Such payment shall be made
in four (4) installments (each, an Installment Payment). The first Installment
Payment in the amount of five hundred dollars ($500) is due within thirty (30)
calendar days of the Effective Date. Thereafter, three Installment Payments in
the amount of six hundred twenty dollars ($620) are due and payable as follows:
the first Installment Payment is due within ninety (90) calendar days of the
Effective Date; the second Installment Payment is due within one hundred and
eighty (180) calendar days of the Effective Date; and the third Installment
Payment is due within three hundred sixty days of the Effective Date. Mr.
Bojczak acknowledges and agrees that upon execution of this Consent Decree, the
Civil Penalty and each Installment Payment shall become a “Claim” or “Debt” as
defined in Section 3701(b)(1) of the Debt Collection Improvement Act of 1996
(DCIA).
17.Suspended Penalty. Mr. Bojczak further agrees that, upon an
Event of Default (as described below in paragraph 16), he will pay a further
civil penalty to the United States Treasury in the amount of twenty-nine
thousand, five hundred fifteen dollars ($29,515) (Additional Civil Penalty). Mr.
Bojczak acknowledges and agrees that upon an Event of Default, the Additional
Civil Penalty shall also become a
“Claim” or “Debt” as defined in Section 3701(b)(1) of the DCIA,
and all procedures for collection of the Additional Civil Penalty may, at the
Commission’s discretion, be initiated against Mr. Bojczak.
18.Payment. Mr. Bojczak shall send electronic notification of
payment to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov; Maureen McCarthy at
Maureen.McCarthy@fcc.gov; and Samantha Peoples at Sam.Peoples@fcc.gov on the
date payment is made. The payment must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account Number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form 159
(Remittance 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). Below are additional instructions that should be followed based on
the form of payment selected:
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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.
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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.
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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.
Questions regarding payment procedures should be addressed to the Financial
Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov.
19.Event of Default. Mr. Bojczak agrees that an Event of
Default shall occur upon: (1) the failure to pay the Civil Penalty or any
Installment Payments to the U.S. Treasury on or before the dates specified in
Paragraph 13; (2) the release of an order within three years of the Effective
Date by the Commission, such as a Notice of Apparent Liability for Forfeiture
that is uncontested or a Forfeiture Order, finding that Mr. Bojczak violated the
Jammer Laws in effect at the time of this agreement; or (3) the release of an
order by the Commission finding that Mr. Bojczak materially misstated his
financial condition in the documents he produced to support his claim of
inability to pay.
20.Interest, Charges for Collection, and Acceleration of Maturity Date.
Upon an Event of Default, all procedures for collection permitted by the DCIA
and other provisions of law may, at the Commission’s
discretion, be initiated and the following shall become immediately due and
payable, without notice, presentment, demand, protest, or notice of protest of
any kind, all of which are waived by Mr. Bojczak: (a) any unpaid Civil Penalties
or Installment Payments referenced in Paragraph 13, which shall accrue interest
at a rate of the U.S. Prime Rate in effect on the date of the Event of Default
plus 4.75 percent per annum from the date of the Event of Default until payment
in full; (b) the Additional Civil Penalty referenced in Paragraph 14, which
shall accrue interest at a rate of the U.S. Prime Rate in effect on the date of
the Event of Default plus 4.75 percent per annum from the date of the Event of
Default
until payment in full; (c) any penalties permitted and/or required by the law,
including but not limited to 31 U.S.C. § 3717; and (d) any administrative
charge(s), including the costs of collection, litigation, and attorneys’ fees.
21.Waivers. As of the Effective Date, Mr. Bojczak waives any and
all rights he may have to seek administrative or judicial reconsideration,
review, appeal or stay, or to otherwise challenge or contest the validity of
this Consent Decree and the Adopting Order. Mr. Bojczak shall retain the right
to challenge Commission interpretation of the Consent Decree or any terms
contained herein. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the Consent Decree
or the Adopting Order, neither Mr. Bojczak nor the Commission shall contest the
validity of the Consent Decree or the Adopting Order, and Mr. Bojczak shall
waive any statutory right to a trial de novo. Mr. Bojczak hereby agrees
to waive any claims he may otherwise have under the Equal Access to Justice Act
relating to the matters addressed in this Consent Decree.
22.Severability. The Parties agree that if any of the provisions
of the Consent Decree shall be held unenforceable by any court of competent
jurisdiction, such unenforceability shall not render unenforceable the entire
Consent Decree, but rather the entire Consent Decree shall be construed as if
not containing the particular unenforceable provision or provisions, and the
rights and obligations of the Parties shall be construed and enforced
accordingly.
23.Invalidity. In the event that this Consent Decree in its
entirety is rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal proceeding.
24.Subsequent Rule or Order. The Parties agree that if any
provision of the Consent Decree conflicts with any subsequent Rule or Order
adopted by the Commission, that provision will be superseded by such Rule or
Order.
25.Final Settlement. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between the Parties with
respect to the Investigation.
26.Modifications. This Consent Decree cannot be modified without
the advance written consent of both Parties.
27.Paragraph Headings. The headings of the paragraphs in this
Consent Decree are inserted for convenience only and are not intended to affect
the meaning or interpretation of this Consent Decree.
28.Authorized Representative. Each Party represents and warrants
to the other that it has full power and authority to enter into this Consent
Decree. Each person signing this Consent Decree on behalf of a Party hereby
represents that he or she is fully authorized by the Party to execute this
Consent Decree and to bind the Party to its terms and conditions.
29.Counterparts. This Consent Decree may be signed in counterpart
(including electronically or by facsimile). Each counterpart, when executed and
delivered, shall be an original, and all of the counterparts together shall
constitute one and the same fully executed instrument.
______________________________ __________________________
Travis LeBlanc, Chief Gary P. Bojczak
Enforcement Bureau
Date: ______________________ Date: _____________________
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