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                                   Before the

                       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  
     Station                                                                 
                                            )   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
   Bureau:

   I. INTRODUCTION

    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).

   II. BACKGROUND

    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.

   III. DISCUSSION

    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
       knowingly.

    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
       forfeiture.

   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
       forfeiture.

   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
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central Region

   Enforcement Bureau

   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.
   S1.80.

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission