Report No. GN-155 GENERAL ACTION May 3, 1994 JOSEPH SAWCHUCK DENIED CANCELLATION OR REDUCTION OF FORFEITURE FOR FAILING TO HAVE REQUIRED FIRST CLASS RADIOTELEGRAPH OPERATOR'S CERTIFICATE The FCC has upheld an action by the Field Operations Bureau and denied Joseph Sawchuck, IV,'s request for cancellation or reduction of a forfeiture issued in the amount of $5,000 for serving as the sole radio officer aboard a vessel in violation of the Communications Act. The Act requires two radio officers on board unless the radio officer has received a six month service endorsement to his First-Class Radiotelegraph Operator's Certificate. Sawchuck served as sole radio officer aboard the vessel PATRIOT without a required Six Months Service Endorsement. Seeking review of the Bureau's assessment, Sawchuck argued that the Bureau had failed to adequately consider and apply the proper standard and downward adjustment criteria set forth in the Commission's Policy Statement, Standards for Assessing Forfeitures. Denying review, the Commission stated that Sawchuck had failed to show that the Bureau erred in its findings of fact, or misapplied the law and its policy to the facts. The Commission said that all relevant facts were considered by the Bureau in reaching its finding of liability for monetary forfeiture. Also, the Commission found that the Bureau applied the correct standard in determining Sawchuck's liability for forfeiture under the Commission's Policy Statement, and all facts and circumstances applicable to each of the criteria set out in the Policy Statement. Action by the Commission April 12, 1994, by Memorandum Opinion and Order (FCC 94-87). Chairman Hundt, Commissioners Quello and Barrett. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Field Operations Bureau contact: Ana J. Curtis at (202) 632- 7059.