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



In the Matter of                )
                                )
Stephen Fowler                  )
d/b/a Exports R Us              )             File No. EB-00-OR-
104
Pineville, Louisiana                                                
)                               NAL/Acct.No. X3262010

                                

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                              
Released: September 28, 2000
By the Enforcement Bureau, New Orleans Field Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Stephen Fowler  d/b/a Exports R  Us (``Exports R  Us'') 
has  apparently  violated  Sections   2.803  and  2.815  of   the 
Commission's  Rules  (``Rules'')  by  marketing  an  unauthorized 
external radio  frequency  power amplifier.1   We  conclude  that 
Exports R Us is apparently liable for forfeiture in the amount of 
seven thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   Exports R  Us operates  an Internet  Web site  offering 
numerous external radio frequency power amplifiers for sale.  The 
Internet   Web   address   for    this   site   is   listed    as 
`http://members.aol.com/_ht_a/CBs313/Index.html'.

     3.   On May 24,  2000, an  agent from  the Commission's  New 
Orleans Field Office (``Field Office'') ordered an external radio 
frequency power amplifier  (Palomar White Face,  Model 225)  from 
Exports R Us for  use in the United  States for operation in  the 
Citizens Band Radio Service. 

     4.   On June 7, 2000, the Field Office received the external 
radio frequency power amplifier from Exports R Us.

     

                        III.  DISCUSSION

     5.   Section 2.803 of the  Rules prohibits the marketing  of 
radio frequency devices, including the sale or offer for sale  of 
such devices,  that do  not conform  to the  Rules.  Furthermore, 
Section 2.815(b) of the Rules  states, ``[a]fter April 27,  1978, 
no person shall  manufacture, sell  or lease, offer  for sale  or 
lease (including advertising for sale or lease), or import, ship, 
or distribute for the purpose  of selling or leasing or  offering 
for sale or lease, any  external radio frequency power  amplifier 
or amplifier  kit  capable  of  operation  on  any  frequency  or 
frequencies between 24 and 35 MHz.'' 2

     6.   The external radio  frequency power amplifier  received 
by the Field Office on June  7, 2000, amplified radio signals  on 
27.185 MHz.

     7.   Based on the evidence before us, we find that Exports R 
Us willfully3 violated  Sections 2.803  and 2.815  of the  Rules.  
Pursuant to Section 1.80 of the Rules,4 Guidelines for  Assessing 
Forfeitures,  the  base  forfeiture  amount  for  importation  or 
marketing  of  unauthorized  equipment  (radio  frequency   power 
amplifier)  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 Communications Act of  1934 
(``Act''), as amended, which  include the nature,  circumstances, 
extent, and gravity of the violation(s), 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.5  Applying Section 1.80 of  the Rules and the  statutory 
factors to the instant case, a $7,000 forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,6 and 
Sections 0.111, 0.311  and 1.80 of  the Rules,7 Exports  R Us  is 
hereby NOTIFIED of their 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars ($7,000) for violating Sections 2.803 and  2.815 
of the Rules, 47 C.F.R.   2.803, 2.815. 


     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Exports R Us, SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     10.  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. X3262010

     11.  The response if  any must  be mailed to  Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W., Washington, D.C.  20554, ATTN: Enforcement  Bureau -  TPSD, 
NAL/Acct. No.  X3262010,  and  must  include  the  NAL/Acct.  No. 
X3262010.

     12.  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; 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.

     13.  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. 20554.8

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  Stephen Fowler  d/b/a Exports  R Us,  5529 
Monroe Hwy, Pineville, Louisiana 71360.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James C. Hawkins
                         District Director
                         New Orleans Field Office
_________________________

1 47 C.F.R.   2.803, 2.815.

2 47 C.F.R. 2.815(b)

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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).

4 47 C.F. R.  1.80

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.