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



In the Matter of                )
                                )
                                )
Richard E. LaPierre             )           File No. EB-00-BS-212
Lady Meghan Ryan, WCX4267       )
Seabrook, New Hampshire 03874   )      NAL/Acct. No. 200032260001
                               ) 


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  May 12, 2000

By the Enforcement Bureau, Boston Office:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
       (``NAL''),    we   find   that    Richard   E.    LaPierre 
       (``LaPierre''), licensee  and operator of the Vessel  Lady 
       Meghan  Ryan,  Call  Sign  WCX4267,  apparently   violated 
       Section 503(b)(1)(B) of the Communications Act of 1934  as 
       amended1   (``Act''),   and  Section   1.89(b),   of   the 
       Commission's  Rules2  (the  ``Rules''),  for  failure   to 
       provide   written  response   to  Federal   Communications 
       Commission  official correspondence  dated  September  28, 
       1999, October 25, 1999, December 3, 1999 and February  28, 
       2000.  We conclude that LaPierre is apparently liable  for 
       a  forfeiture  in  the amount  of  four  thousand  dollars 
       ($4,000).

                         II.  BACKGROUND

     2. The Vessel Lady  Meghan Ryan was  inspected on  September 
       14, 1999 by  Agent James S. Cesanek from the  Commission's 
       Boston Field  Office.  The Vessel  Lady Meghan Ryan,  Call 
       Sign WCX4267, was docked at Eastman's Marina in  Seabrook, 
       NH  and  operated by  Richard  E.  LaPierre,  6  Zacarella 
       Circle, Seabrook, NH 03874.  Prior to boarding the  vessel 
       for inspection,  the Agent observed  the name Lady  Meghan 
       Ryan displayed on  the exterior side of the vessel.   Once 
       onboard,  the  Agent   found  the  Ship  Station   License 
       identifying  the vessel  name as  Captree Star  with  Call 
       Sign WCX4267, Documentation #292977. 

Furthermore, LaPierre  could  not  locate ship  station  logs  or 
produce his Marine Radio  Operator Permit. LaPierre informed  the 
Agent that the previous vessel captain might have stolen the ship 
station logs.   LaPierre further  stated  that his  Marine  Radio 
Operator Permit  application  was  mailed to  the  Commission  in 
Gettysburg about three or four weeks prior to this inspection.

     3. On September 16,  1999 Agent  Cesanek researched  Federal 
       Communications  Commission  databases  for  radio  station 
       license,  owner/operator  and  vessel  information.    The 
       Commission Marine License Application database found  Call 
       Sign  WCX4267  belonging  to  the  Vessel  Captree   Star, 
       Documentation  #292977,  and  licensed  to  LaPierre.   On 
       September 28, 1999 an Official Notice of Violation and  an 
       Advisory were sent by first class postage prepaid mail  to 
       LaPierre, informing him that operation of the Vessel  Lady 
       Meghan Ryan  is in  violation of  the Commission's  Rules.  
       LaPierre failed to respond to this notice.

     4. On October 25, 1999 a Continuation of Official Notice  of 
       Violation was sent by first class postage prepaid mail  to 
       LaPierre again informing him that operation of the  Vessel 
       Lady  Meghan Ryan  is  in violation  of  the  Commission's 
       Rules.  LaPierre failed to respond to this notice.

     5. On December 3, 1999 a  Warning Notice (FCC Form 794)  was 
       sent certified  mail to LaPierre,  informing him that  the 
       Vessel Lady  Meghan Ryan is in  violation of Section  1.89 
       of the  Rules3 for  his failure to  respond to  Commission 
       correspondence  of  September 16,  1999  and  October  25, 
       1999.   LaPierre accepted  the certified  letter from  the 
       U.S. Postal Service.   The Certified Mail green card  with 
       a signature of  Richard E. LaPierre was hand-delivered  by 
       the  Postal Service  to the  FCC  Boston Field  Office  on 
       December  8, 1999.  LaPierre  failed to  respond  to  this 
       notice.

     6. On January 12, 2000  Agent Cesanek called Captain  Robert 
       Fish in  Fort Lauderdale, Florida,  who leases the  Vessel 
       Lady Meghan  Ryan to LaPierre.   Captain Fish stated  that 
       he  was  consulting LaPierre  in  recent  days  about  the 
       citation  notices,  vessel  operating  requirements,   and 
       future ownership of the Vessel Lady Meghan Ryan.   Captain 
       Fish stated that  the previous vessel captain employed  by 
       LaPierre  might have  confiscated the  ship station  logs.  
       Also  on  January  12,  2000  Agent  Cesanek  received   a 
       telephone  call   from  LaPierre  to  discuss   Commission 
       violations   and  compliance.    The   Agent   recommended 
       LaPierre  review  Section  80  of  the  Rules4  and   seek 
       assistance  from his  service company  and Captain  Robert 
       Fish.  The  Agent advised LaPierre  to respond in  writing 
       to the Notice of Violation to avoid forfeiture.   LaPierre 
       has failed to respond.

     7. On February 25,  2000 Agent Cesanek  called the  Consumer 
       Information   Center   at   the   Federal   Communications 
       Commission  Consumer Information  Bureau to  check on  the 
       status  of  LaPierre's  application  for  a  Marine  Radio 
       Operator  Permit  and  written  notice  for  vessel   name 
       change.   According to  the unnamed  Commission  employee, 
       there is no  record of application and vessel name  change 
       from  LaPierre to  date.  On  February  28, 2000  a  final 
       Continuation  of Official  Notice  of Violation  was  sent 
       certified  mail  to LaPierre,  again  informing  him  that 
       operation of the  Vessel Lady Meghan Ryan is in  violation 
       of the Commission's 

Rules. LaPierre failed  to accept the  certified letter from  the 
U.S. Postal Service.  The certified citation letter was  returned 
by the Postal Service to the FCC Boston Field Office on March 22, 
2000 as unclaimed.

                        III.  DISCUSSION

     8.   LaPierre has  violated  Section 80.29  of  the  Rules5, 
       requiring the licensee submit written notification to  the 
       Commission  when a  change  in  name of  a  vessel  occurs 
       during the  license term.   He has  also violated  Section 
       80.159(d)  of  the   Rules6,  requiring  a  Marine   Radio 
       Operator Permit be  held by a radio operator  transporting 
       more  than  six  passengers  for  hire  on  board  a  ship 
       equipped with a radiotelephone station in accordance  with 
       Part III  of Title III of  the Communications Act. And  he 
       has  also  violated  Section  80.409(b)  of  the   Rules7, 
       requiring that  ship station logs  be maintained and  made 
       available   to  authorized   Commission   employees   upon 
       request.

     9.   More significantly, LaPierre has violated Section  1.89 
       of the  Rules, by failing to  provide written response  to 
       Section  80.29,  80.159(d)  and  80.409(b)  violations  in 
       reply  to   Federal  Communications  Commission   official 
       correspondence  dated  September  28,  1999,  October  25, 
       1999, December 3, 1999 and February 28, 2000.

     10.  Based on the evidence before us, we find that  LaPierre 
       willfully8 violated  Section 1.89(b) of  the Rules9.   The 
       Commission's Forfeiture Policy Statement and Amendment  of 
       Section 1.80  of the Rules  to Incorporate the  Forfeiture 
       Guidelines, 12  FCC Rcd  17087 (1997),  recon. denied,  15 
       FCC Rcd 303 (1999), (``Policy Statement''), sets the  base 
       amount for failing to provide written response to  Federal 
       Communications Commission official correspondence at  four 
       thousand  dollars  ($4,000).  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 Act10, that include 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.  Applying the  Policy Statement  and 
       statutory factors to  the instant case, we believe that  a 
       monetary forfeiture of  four thousand dollars ($4,000)  is 
       warranted for the violation.


                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
       503(b) of the Communications Act of 
1934, as amended11,  and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules12, Richard E.  LaPierre is hereby NOTIFIED  of 
his APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  four 
thousand dollars ($4,000) for violation of Section 1.89(b) of the 
Rules.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
       the  Commission's  Rules13,  within  thirty  days  of  the 
       release  date  of  this  NOTICE  OF  APPARENT   LIABILITY, 
       Richard  E. LaPierre  SHALL  PAY the  full amount  of  the 
       proposed  forfeiture or  SHALL  FILE a  written  statement 
       seeking   reduction  or  cancellation   of  the   proposed 
       forfeiture.

     13.  Payment of the  forfeiture may be  made by credit  card 
       through  the  Commission's  Credit  and  Debt   Management 
       Center at (202) 418-1995 or 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 should note the NAL/Acct. No. X32260001. 

     14.  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 and MUST INCLUDE THE NAL/Acct.  No. 
       X32260001. 

     15.  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.

     16.  Requests for payment of the full amount of this  Notice 
       of Apparent Liability under an installment plan should  be 
       sent to:  Chief, Credit  and Debt  Management Center,  445 
       12th Street, S.W., Washington, D.C. 20554.14 

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
       APPARENT LIABILITY shall be sent by Certified Mail  Return 
       Receipt  Requested to  Richard  E. LaPierre,  6  Zacarella 
       Circle, Seabrook,  New Hampshire 03874.   A copy shall  be 
       sent, by first  class postage prepaid mail, to Richard  E. 
       LaPierre,  6  Zacarella Circle,  Seabrook,  New  Hampshire 
       03874.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Vincent F. Kajunski
                              District Director, Boston Office
                              Enforcement Bureau
_________________________

1 47 U.S.C.  503(b)(1)(B).

2 47 C.F.R.  1.89(b).
3 47 C.F.R.  1.89.

4 47 C.F.R.  80.

5 47 C.F.R.  80.29.

6 47 C.F.R.  80.159(d).

7 47 C.F.R.  80.409(b).

8 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

9 47 C.F.R.  1.89(b).

10 47 U.S.C.  503(b)(2)(D).

11 47 U.S.C.  503(b).

12 47 C.F.R.  0.111, 0.311, 1.80.

13 47 C.F.R.  1.80.

14 See 47 C.F.R.  1.1914.