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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Donald Winton ) File Number: EB-07-HU-007
Licensee of Citizen Band Radio ) NAL/Acct. No.: 200732540003
) FRN: 0016201386
Corpus Christi, Texas
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 23, 2007
By the Resident Agent, Houston Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Donald Winton, licensee of a Citizen Band ("CB") radio station,
in Corpus Christi, Texas, apparently willfully violated Section
95.426(a) of the Commission's Rules ("Rules") by failing to make his
CB radio station available for inspection. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that Mr. Winton is apparently liable for a forfeiture in the amount of
seven thousand dollars ($7,000).
2. On February 21, 2007, in response to a complaint that a CB radio
station in Corpus Christi, Texas was jamming communications on CB
channel 19 by continually re-broadcasting the programming of a local
AM broadcast station, an agent from the Commission's Houston Office of
the Enforcement Bureau ("Houston Office") monitored communications on
CB channel 19 in the Corpus Christi area. The agent observed a radio
signal on CB channel 19 re-broadcasting the programming of a local AM
broadcast station; and using radio direction finding techniques
determined that the signal originated from an antenna mounted on a
house in Corpus Christi, Texas.
3. Still on February 21, 2007, while the agent was making measurements on
the radio signal from the CB radio station, Donald Winton exited the
house and walked down the driveway. The agent introduced himself as an
FCC agent, and requested to inspect the CB radio station inside the
house. Mr. Winton confirmed this location was his residence and that
the CB station belonged to him, but refused to make the station
available for inspection. The agent advised Mr. Winton that the
Commission's Rules require the operator of a CB radio station to make
the station available for inspection. Mr. Winton still refused to make
the station available for inspection. The agent then requested that
Mr. Winton go inside and take the station off the air because it was
blocking communications on CB radio channel 19. Mr. Winton walked into
the house and the station's transmissions ceased. Mr. Winton returned
and continued to refuse to make the station available for inspection,
so the agent left the area.
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly 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
5. Section 95.426(a) requires that if an authorized FCC representative
requests to inspect your CB station, you must make your station and
records available for inspection. Mr. Winton admitted to an agent from
the Houston Office that he had a CB radio station within his
residence. In addition, Mr. Winton demonstrated he had access to and
control of the station by entering his residence and turning the
transmitter off, while the agent waited outside. On February 21, 2007,
in response to several requests by agent to inspect his station, Mr.
Winton refused to make his CB station available for inspection.
6. Based on the evidence before us, we find that Mr. Winton apparently
willfully violated Sections 95.426(a) of the Rules by failing to make
his CB radio station available for inspection.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for failing 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)(E) of the
Act, which include the nature, circumstances, extent, and gravity of
the violations, 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, Section 1.80, and the statutory factors to the instant
case, we conclude that Donald Winton is apparently liable for a $7,000
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,
0.314 and 1.80 of the Commission's Rules, Donald Winton is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
seven thousand dollars ($7,000) for violations of Sections 95.426(a)
of the Rules.
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 for Forfeiture, Donald Winton SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Houston Office,
9597 Jones Road, # 362, Houston, Texas, 77065 and must include the
NAL/Acct. No. referenced in the caption.
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 ("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.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.^8
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Donald Winton at his address of
FEDERAL COMMUNICATIONS COMMISSION
Stephen P. Lee
South Central Region
47 C.F.R. S 95.426(a).
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
47 C.F.R. S 95.426(a)
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S 503(b)(2)(E).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 95.426(a).
^8 See 47 C.F.R. S 1.1914.
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Federal Communications Commission
Federal Communications Commission