******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 ) ) William Flippo ) 15900 98th Trail North ) Jupiter, Florida 33478 ) NAL/Acct. No. 915TP0006 FORFEITURE ORDER Adopted: January 28, 2000 Released: January 31, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we issue a monetary forfeiture in the amount of $20,000 against William Flippo, for willfully violating Section 301 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. ' 301, by operating an unlicensed radio station; violating Section 333 of the Act, 47 U.S.C. ' 333, by willfully and maliciously interfering with on-going amateur radio communications; and violating Section 15.29 of the Commission's Rules ("the Rules"), 47 C.F.R. ' 15.29, by willfully failing to make his radio equipment available for inspection by an authorized FCC representative on June 8, 1999. 2. On July 12, 1999, the Commission's Tampa, Florida District Office issued a $20,000 Notice of Apparent Liability ("NAL") for a monetary forfeiture for the aforementioned violations. In response, on July 20, 1999, we received a one page document titled Notice of Filing Bankruptcy, presumably as a claim of Mr. Flippo's inability to pay the forfeiture. The responding document did not refute the violations, nor did it specifically request a rescission of the monetary forfeiture. 3. Section 503(b) of the Act requires that, in examining Mr. Flippo's response, 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). On at least five occassions since the NAL was issued, we have received information indicating that Mr. Flippo is continuing to violate Sections 301 and 333 of the Act, with the latest occurrence being on December 21, 1999. While there is precedent for reducing a forfeiture when bankruptcy has been filed by the recipient of an NAL, we do not believe a reduction is warranted in a case such as this. See Transnational Network, Inc., 92 FCC 2d 324, (1982). In a case where an NAL has been issued and the recipient continues to engage in the same conduct for which the NAL was issued, we are not inclined to adjust the forfeiture amount even where the recipent has filed for bankruptcy protection. See In the Matter of Liability of J.C. Maxwell Broadcasting Group, Inc., Licensee of Noncommercial Radio Station WMPR(FM), Jackson, MS, For a Forfeiture, 8 FCC Rcd 784 (1993). Therefore, we affirm the forfeiture amount of $20,000. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, and Section 1.80 of the Rules, William Flippo IS LIABLE FOR A MONETARY FORFEITURE in the amount of $20,000 for the willful violation of Sections 301 and 333 of the Act and Section 15.29 of the Rules. 5. IT IS FURTHER ORDERED that, pursuant to Section 1.80(f) of the Rules, 47 C.F.R. 1.80(f), William Flippo shall, within thirty (30) days of the release of this Forfeiture Order, pay the amount of $20,000. Payment of the forfeiture shall be made by check or money order drawn on a U.S. financial institution payable to the Federal Communications Commission. The remittance should be marked "NAL/Acct. No. 915TP0006" and mailed to the following address: Federal Communications Commission P.O. Box 73482 Chicago, Illinois 60673-7482 Petitions for reconsideration filed pursuant to Section 1.106 of the Rules, 47 C.F.R. 1.106, or applications for review filed pursuant to Section 1.115 of the Rules, 47 C.F.R. 1.115, must be received by the Commission within thirty (30) days of the release of this order at the following address: Office of the Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 ATTN: Technical & Public Safety Division Enforcement Bureau Forfeiture penalties not paid within thirty (30) days will be referred to the U.S. Attorney for recovery in a civil suit. 47 U.S.C. 504(a). 6. IT IS FURTHER ORDERED that a copy of this order shall be sent by certified mail, return receipt requested, to William Flippo, 15900 98th Trail North, Jupiter, Florida 33478. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau