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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,
By the Enforcement Bureau, Seattle Field Office:
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).
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,
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.
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
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
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
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
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.