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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

CERTIFIED MAIL # 7001 2510 0007 6500 0981
RETURN RECEIPT REQUESTED


In the Matter of                  )
                                 )
William A. Woods                  )    File Number:  EB-02-ST-244
3005 S. Madison Street            )    NAL/Acct. No. 200332980003
Tacoma, WA  98409                 )    FRN  0007-9944-78
                                 )


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  December 30, 
                                             2002

By the Enforcement Bureau, Seattle Field Office:

                           I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we  find  that William  Woods  apparently  willfully violated  Section 
303(n) of  the Communications Act  of 1934, as amended  (``Act'')1 and 
Section 95.426 (CB Rule 26)2  of the Federal Communications Commission 
(``FCC'') Rules (``Rules'')  by refusing to make his  CB Radio station 
and  records  available  for  inspection.  We  conclude,  pursuant  to 
Section 503(b)  of the Act,3 that  Mr. Woods is apparently  liable for 
forfeiture in the amount of seven thousand dollars ($7,000).

                            II.  BACKGROUND

     2.   On September  3, 2002, the FCC  Enforcement Bureau's Seattle 
Office received a  faxed report by the City of  Tacoma, Washington, of 
complaints  of neighborhood  wide interference  to home  entertainment 
equipment  around  the  3000  block  of  S.  Madison  Street,  Tacoma, 
Washington.

     3.   On October 29, 2002, at  approximately 6:35 p.m. local time, 
Seattle  Office  agents,  using   mobile  direction  finding  (``DF'') 
equipment, determined  that the interference signal  was a transmitter 
station operating on the Citizen Band (``CB'') frequency 27.025 MHz at 
the residence of Mr. William Woods  at 3005 S. Madison Street, Tacoma, 
Washington.  The  Agents observed  signal levels  that appeared  to be 
significantly higher than those expected from a legal CB transmitter. 

     4.   On November 5, 2002, at  approximately 5:30 p.m. local time, 
Seattle Office  agents observed radio  transmissions on 27.025  MHz in 
the  CB band  with signal  levels  that appeared  to be  significantly 
higher than  those expected  from a legal  CB transmitter.    Using DF 
equipment,  the signals  were  positively located  emanating from  Mr. 
Woods'  residence. On  November 5,  2002, shortly  after locating  the 
signal  source, the  Seattle  Office agents,  assisted  by two  Tacoma 
Police Officers,  requested an  inspection of  Mr. Woods'  CB station. 
There was  a significant delay  at the  entrance to the  property. The 
Seattle  Office Agents  were  eventually permitted  entry, though  the 
Tacoma Police  Officers were denied  entry. The Seattle  Office agents 
began the inspection of the CB  radio equipment, but Mr. Woods quickly 
changed his mind  and refused to allow the agents  to proceed with the 
inspection.  The Seattle Office agents  advised Mr. Woods that refusal 
to allow the  inspection could result in a forfeiture,  and issued Mr. 
Woods a Notice of Unlicensed Operation.

                           III.  DISCUSSION

     5.   Section  503(b) of  the  Act provides  that  any person  who 
willfully fails to comply substantially  with the terms and conditions 
of any license  or fails to comply  with any of the  provisions of the 
Act  or of  any rule,  regulation or  order issued  by the  Commission 
thereunder,  shall  be liable  for  a  forfeiture penalty.   The  term 
"willful"  as used  in Section  503(b)  has been  interpreted to  mean 
simply that the acts or omissions are committed knowingly.4

     6.   Section  303(n) of  the Act  provides the  FCC authority  to 
inspect radio  stations and Section  95.426 of the  Rules specifically 
provides notice to  CB operators that the CB station  and records must 
be made  available for  inspection upon request  by an  authorized FCC 
representative.  

     7.   Based  on the  evidence before  us, we  find that  Mr. Woods 
willfully violated Section  303(n) of the Act5 and  Section 95.426 (CB 
Rule  26) of the  Rules6 by  refusing to  allow inspection.   The base 
forfeiture amount set by  The Commission's Forfeiture Policy Statement 
and  Amendment  of  Section  1.80  of the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  ("Forfeiture Policy Statement"),7  and Section 
1.80 of  the Rules,8 for failure  to permit inspection is  $7,000.  In 
assessing  the monetary  forfeiture  amount, we  must  also take  into 
account the statutory factors set forth in Section 503(b)(2)(D) of the 
Act,9 which include the nature,  circumstances, extent, and gravity of 
the  violation(s), and  with respect  to the  violator, the  degree of 
culpability, and history of prior  offenses, ability to pay, and other 
such matters as  justice may require.  Applying  the Forfeiture Policy 
Statement and  the statutory factors  to the instant case,  the $7,000 
forfeiture is warranted.  

                         IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED  THAT, pursuant to Section 503(b) 
of the  Communications Act  of 1934, as  amended, and  Sections 0.111, 
0.311 and 1.80 of the Commission's Rules, Mr. William Woods, is hereby 
NOTIFIED of  an APPARENT LIABILITY FOR  A FORFEITURE in the  amount of 
seven thousand dollars ($7,000) for violation of Section 303(n) of the 
Communications  Act of  1934, as  amended, and  Section 95.426  of the 
Rules.10

     9.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the 
Commission's Rules,  within thirty  days of the  release date  of this 
NOTICE OF APPARENT  LIABILITY, Mr. Woods SHALL PAY the  full amount of 
the  proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the  proposed forfeiture.  Payment of the 
forfeiture  may be  made by  mailing  a check  or similar  instrument, 
payable to the order of  the Federal Communications Commission, to the 
Forfeiture Collection Section,  Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  The payment 
must include the  FCC Registration Number (``FRN'')  and the NAL/Acct. 
Number referenced in the caption. 

     10.  The   response,  if   any,   must  be   mailed  to   Federal 
Communications  Commission, Enforcement  Bureau, Technical  and Public 
Safety Division, 445  12th Street, S.W., Washington,  D.C. 20554, Ref: 
EB-02-ST-244; and  must include  the NAL/Acct.  No. referenced  in the 
caption.  

     11.  The  Commission will  not consider  reducing or  canceling a 
forfeiture  in response  to a  claim of  inability to  pay unless  the 
petitioner submits: (1) federal tax returns for the most recent three-
year period; (2) financial  statements prepared according to generally 
accepted accounting practices ("GAAP"); or (3) some other reliable and 
objective  documentation  that  accurately reflects  the  petitioner's 
current  financial  status.   Any  claim  of  inability  to  pay  must 
specifically  identify the  basis for  the claim  by reference  to the 
financial documentation submitted.  

     12.  Under the Small  Business Paperwork Relief Act  of 2002, Pub 
L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a 
two-year tracking process  regarding the size of  entities involved in 
forfeitures.  If you  qualify as a small entity and if  you wish to be 
treated as a small entity for  tracking purposes, please so certify to 
us within thirty (30) days of this NAL, either in your response to the 
NAL or in  a separate filing to be sent  to the Federal Communications 
Commission, Enforcement  Bureau, Technical  & Public  Safety Division.  
Your certification should indicate  whether you, including your parent 
entity and its subsidiaries, meet one  of the definitions set forth in 
the  list provided  by  the FCC's  Office  of Communications  Business 
Opportunities  (OCBO) set  forth in  Attachment  A of  this Notice  of 
Apparent  Liability.   This  information  will be  used  for  tracking 
purposes only.  Your  response or failure to respond  to this question 
will have  no effect on  your rights and responsibilities  pursuant to 
Section  503(b) of  the  Communications Act.   If  you have  questions 
regarding any  of the  information contained  in Attachment  A, please 
contact OCBO at (202) 418-0990.

     13.  Requests for  payment of the  full amount of this  Notice of 
Apparent  Liability  under an  installment  plan  should be  sent  to:  
Chief,  Revenue and  Receivables  Operations Group,  445 12th  Street, 
S.W., Washington, D.C. 20554.11

     14.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT 
LIABILITY shall be sent by Certified  Mail # 7001 2510 0007 6500 0981, 
Return  Receipt Requested  to Mr.  William A.  Woods, 3005  S. Madison 
Street, Tacoma, WA 98409

                              FEDERAL COMMUNICATIONS COMMISSION



                              Dennis Anderson
                              District Director, Seattle Office



_________________________

     1 47 U.S.C.  303(n).

     2 47 C.F.R.  95.426.

     3 47 U.S.C.  503(b).

     4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under Section 
503(b) of the Act, provides that "[t]he term 'willful', when used with 
reference to the commission or omission of any act, means the 
conscious and deliberate commission or omission of such act, 
irrespective of any intent to violate any provision of this Act ...."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

     5 47 U.S.C.  303(n).

     6 47 C.F.R.  95.426.

     7  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     8  47 C.F.R.  1.80.

     9  47 U.S.C.  503(b)(2)(D).

     10  47 U.S.C.  303(n) and 503(b); 47 C.F.R.  0.111, 0.311, 
1.80 and 95.426.

     11  See 47 C.F.R.  1.1914.