When you have a radio transmitter, you are presumed to have used it, unless you can prove you did not. You are considered to have used the radio transmitter if you erected, constructed, established, maintained, or were in possession of it, according to section 113. If someone says you used the radio transmitter, you have to prove you did not. If a radio transmitter is not working properly or has been partly taken apart, it is still considered capable of sending radiocommunications. This is the case unless the Secretary is satisfied that the transmitter cannot work. You need to show that the transmitter has been made inoperative for this to apply.