******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Citizens Band Radio Station ) NAL Acct. No. 415VB0005 Victor Pessaro ) Melbourne, Florida ) ORDER Adopted: August 19, 1997 Released: August 22, 1997 By the Chief, Compliance and Information Bureau: I. INTRODUCTION 1. Mr. Victor Pessaro (Petitioner) filed a Petition for Reconsideration seeking review of the monetary forfeiture of $750 issued under authority of Section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 503(b), for willful violation of Sections 95.411(a)(1) and 95.426(a) of the Commission's Rules, 47 C.F.R. 95.411(a)(1) and 95.426(a). For the reasons noted below, the Bureau is assessing the forfeiture in the amount of $750. II. BACKGROUND 2. Upon receipt of several complaints of interference, the Vero Beach Field Office of the Compliance and Information Bureau, through the use of close-in direction finding techniques, determined that, on March 7, 1994, Mr. Victor Pessaro was operating his Citizen Band (CB) Radio Station on frequencies other than those authorized by the Commission's Rules. Moreover, Mr. Pessaro refused the Commission agent's request to inspect Mr. Pessaro's CB radio station. Consequently, on March 10, 1994, the Vero Beach Field Office issued a Notice of Apparent Liability to Petitioner, in the amount of $5,750 for operating over the regulation power limits in the CB Radio Service and for failing to allow an inspection by an authorized Commission agent. Based on Petitioner's response, the Vero Beach Field Office reduced the forfeiture initially assessed and issued a Notice of Forfeiture for $750 on April 4, 1994. Petitioner now appeals this decision. He admits the violation, but contends that he should be given the same consideration shown to three other individuals in the Melbourne, Florida, area who were assessed forfeitures for violations of CB Rules. He notes that those forfeitures were reduced below $750, and contends that "any penalty will prove a hardship" to him. III. DISCUSSION AND CONCLUSION 3. At the outset, we note that in assessing the initial forfeiture amount, the Vero Beach Office followed the forfeiture guidelines established in the Commission's Policy Statement, Standards for Assessing Forfeitures, (Policy Statement), 8 FCC Rcd 6215 (1993). On July 12, 1994, however, the Court of Appeals for the D.C. Circuit vacated the forfeiture guidelines. United States Telephone Assn. v. FCC, 28 F.3d 1232 (D.C. Cir. 1994). On reconsideration, the Bureau has reassessed the amount pursuant to the statutory guidelines set forth in Section 503(b)(2)(D) of the Communications Act, 47 U.S.C. 503(b)(2)(D). In particular, Section 503(b)(2)(D) of the 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." 47 U.S.C. 503(b)(2)(D). 4. We first address Petitioner's contention that he should be given the same consideration as three other CB violators in the Melbourne area, where Petitioner resides. Petitioner's case is different from these other cases. Because those cases involved different CB rule violations, the cases are not relevant to the instant case. In this case, Petitioner's failure to allow inspection is an egregious violation that, in and of itself, warrants a high forfeiture. Specifically, Petitioner refused the Commission agent's request to inspect his radio stations in his residence and in a vehicle parked beside the front door. The Commission cannot take lightly any person who flagrantly disregards its rules and regulations. 5. Next, we find without merit Petitioner's contention that he cannot pay a forfeiture. Nonetheless, pursuant to Section 503(b)(2)(D) of the Act, we must consider factors unique to the violator. Upon further evaluation of the financial information submitted by the Petitioner, we conclude that reduction of the $750 forfeiture is not warranted. In this connection, we note that Petitioner can request to pay the forfeiture via installments. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act, 47 U.S.C.  503(b), and Section 1.80 and 1.106 of the Commission's Rules, 47 C.F.R.  1.80 and 1.106, the Petition for Reconsideration is DENIED. Petitioner may file an Application for Review of this decision within thirty (30) days of the date of release of this Order, pursuant to Section 1.115 of the rules. 47 C.F.R.  1.115. 7. IT IS FURTHER ORDERED, that Mr. Victor Pessaro must pay the forfeiture amount of seven hundred and fifty dollars ($750) within thirty (30) days of the date of release of this Order. Forfeitures shall be paid by check or money order drawn on a United States financial institution payable to the Federal Communications Commission. Payment may also be made by credit card with the appropriate documentation. Please place NAL/Acct. 415VB0005 on the remittance and mail it to: Federal Communications Commission P.O. Box 73482 Chicago, IL 60673-7482 10. IT IS FURTHER ORDERED that this Order shall be sent by certified mail, return receipt requested, to Mr. Victor Pessaro. FEDERAL COMMUNICATIONS COMMISSION Richard D. Lee Acting Chief Compliance and Information Bureau