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


In the Matter of              )    EB DOCKET NO. 01-61
                              )
LESLIE D. BREWER                   )
                              )
Licensee of Amateur Radio Station and        )
General Class Operator License KC4HAZ   )
                              )
Licensee of Station KAE1170 in the General   )
Mobile Radio Service                    )

          

 ORDER TO SHOW CAUSE, NOTICE OF ORDER OF SUSPENSION, NOTICE 
OF OPPORTUNITY FOR HEARING, AND NOTICE OF APPARENT LIABILITY 
                      FOR A FORFEITURE


     Adopted:  February 22, 2001                  Released:  
March 5, 2001

By the Commission:

                      I.  INTRODUCTION

1.   In this  Order, we suspend the  above-captioned Amateur 
radio operator license held by Leslie D. Brewer and commence 
a hearing proceeding before  an FCC Administrative Law Judge 
to  determine, ultimately,  whether  Mr. Brewer's  captioned 
station licenses should be  revoked. As discussed below, the 
record before  us indicates  that Mr. Brewer  has apparently 
willfully  and repeatedly  engaged  in unlawful  Commission-
related  activities, including  the operation  of unlicensed 
(i.e.,  ``pirate'') FM  radio  broadcast  facilities in  the 
Tampa,  Florida,  area.  Mr.  Brewer's  apparent  continuing 
course  of misconduct  raises  questions as  to whether  Mr. 
Brewer possesses  the requisite character  qualifications to 
be and remain a Commission licensee. 

                       II. BACKGROUND

2.   Mr. Brewer is the licensee of Amateur radio station and 
General  class  operator license  KC4HAZ.   He  also is  the 
licensee  of Station  KAE1170  in the  General Mobile  Radio 
Service (``GMRS'').  Mr. Brewer  owns an electronics shop in 
Tampa, Florida, d/b/a L.D.  Brewer 2-Way Radio.  L.D. Brewer 
2-Way Radio sells and assembles radio equipment.
 
3.   On  January  10,  1996, the  Commission's  Tampa  field 
office  received  an anonymous  inquiry  about  a pirate  FM 
station  broadcasting on  102.1 MHz  in the  Tampa area.  In 
response,  Commission personnel  monitored  the station  the 
next  day and  traced  the unlicensed  transmissions to  Mr. 
Brewer's residence  at 6122 Liberty Avenue,  Tampa, Florida. 
The  following  day,   Commission  personnel  inspected  the 
facilities with Mr. Brewer's  permission and warned him that 
it is a  violation of Section 301 of  the Communications Act 
of 1934,  as amended,1 to transmit  on the FM band  absent a 
license with  other than certain  low power devices.2   In a 
letter  directed to  Mr.  Brewer on  January  17, 1996,  the 
Commission  staff  repeated  its  warning  about  unlicensed 
operations.  On January  19, 1996,  Mr. Brewer  responded in 
writing.  Mr.  Brewer stated that ``[a]ny  further operation 
of [the] station will be within the guidelines for low-power 
operation, set out in part 15.'' 3 

4.   Thereafter, on February  16, 1996, Commission personnel 
conducted   a  follow-up   investigation  of   Mr.  Brewer's 
transmissions. The  monitoring revealed that Mr.  Brewer was 
again operating his unlicensed FM  station.  As a result, on 
April  3, 1996,  the  Commission staff  issued  a Notice  of 
Apparent Liability to Mr. Brewer in the amount of $1,000 for 
broadcasting   without  a   license,  in   apparent  willful 
violation  of Section  301  of the  Act.   In response,  Mr. 
Brewer challenged, among other things, the accuracy of field 
strength  measurements taken  of his  transmissions and  the 
competency of the Commission engineers who had conducted the 
measurements.  On  June  19,   1996,  the  Commission  staff 
released a Forfeiture Order.   The Forfeiture Order rejected 
Mr. Brewer's  claims, concluded that Mr.  Brewer had engaged 
in the unauthorized operation of  an FM broadcast station in 
violation of Section 301 of the Act, and directed Mr. Brewer 
to forfeit  the sum  of $1,000. The  Commission subsequently 
denied Mr. Brewer's application for review of the Forfeiture 
Order.4  

5.   Further monitoring  revealed that Mr.  Brewer continued 
his pirate operations throughout 1996 and into 1997.  During 
this period,  the Commission received written  complaints of 
interference from  Paxson Tampa License  Limited Partnership 
(``Paxson''),  licensee  of  Station  WHPT(FM),  102.5  MHz, 
Sarasota,  Florida.  On  June  19, 1997,  the  Chief,  Audio 
Services  Division,  Mass  Media  Bureau,  issued  a  letter 
denying a  May 10, 1996,  request by Mr. Brewer  for Special 
Temporary Authority  to operate  an FM broadcast  station on 
102.1 MHz in the Tampa area, and returning as unacceptable a 
November  8,   1996,  application   by  Mr.  Brewer   for  a 
construction  permit   for  a  new  Class   A  noncommercial 
educational  broadcast station  on  102.1 MHz  in the  Tampa 
area.5  Notwithstanding these  actions, Mr. Brewer continued 
to  operate   his  FM   station  without  authority.   As  a 
consequence,  on November  19,  1997, Commission  personnel, 
with  the  assistance of  Deputies  from  the U.S.  Marshals 
Service, served and executed an  in rem seizure warrant upon 
Mr. Brewer and confiscated his FM transmission equipment.6  

6.   For two  years following the  in rem seizure of  his FM 
transmitting equipment, Mr. Brewer apparently refrained from 
engaging in further pirate operations.  During this time, on 
September 14, 1998,  Mr. Brewer filed an  application for an 
experimental  FM station  with  the  Commission's Office  of 
Engineering  and  Technology.7    The  staff  dismissed  the 
application on  September 25, 1998,  and returned it  to Mr. 
Brewer because it had been filed on an incorrect form. 

7.   On November 8, 1999, Mr. Brewer again requested Special 
Temporary Authority  to operate  an FM broadcast  station on 
102.1 MHz in the Tampa area, either as part of the ``regular 
broadcast  service''  or   as  an  ``experimental  broadcast 
service.''  While  this request  was  pending,8  and on  the 
second  anniversary  of the  in  rem  seizure (November  19, 
1999), Mr. Brewer resumed his pirate broadcasts on 102.1 MHz 
in apparent willful and repeated violation of Section 301 of 
the Act.   

8.   Based on  monitoring conducted  on November 19  and 23, 
1999,  Commission personnel  confirmed  that  the source  of 
unlicensed  transmissions  on  102.1  MHz  was  a  warehouse 
located  in a  commercial shopping  mall at  the Shady  Oaks 
Plaza,  14920 N.  Florida Avenue,  Tampa, Florida.  A tenant 
list provided by the Ross Realty Group, owners of Shady Oaks 
Plaza,  indicated  that  the  warehouse  was  leased  to  an 
individual by  the name of  Karen Walsh.  Ross  Realty Group 
provided copies of cancelled  checks showing that Mr. Brewer 
had paid for  the warehouse space from  which the unlicensed 
broadcasts were emanating.

9.   Subsequently, on December 2, 1999, Commission personnel 
again monitored  the unlicensed transmissions from  the same 
warehouse. On that same date, Commission personnel confirmed 
that  Mr.  Brewer  was employing  an  unlicensed  studio-to-
transmitter  link (``STL'')  on 950.0925  MHz to  send audio 
programming  and/or control  signals from  his residence  at 
6122 Liberty  Avenue, Tampa,  Florida, to the  warehouse, in 
apparent  violation  of  Section  301 of  the  Act.  Further 
monitoring by  Commission personnel  on December 3,  10, and 
15, 1999, and March 11, 2000, confirmed continuing operation 
of  both the  unlicensed FM  station on  102.1 MHz  from the 
Shady  Oaks  Plaza  warehouse  and  the  unlicensed  STL  on 
950.0925 MHz from Mr. Brewer's Liberty Avenue residence.       

10.  In addition to operating  pirate FM and STL facilities, 
Mr.  Brewer also  has engaged  in marketing  unauthorized FM 
broadcast  transmitting   equipment,  in   apparent  willful 
violation  of  Sections  2.803(a)(1) and  15.201(b)  of  the 
Commission's rules, 47 C.F.R.  2.803(a)(1) and 15.201(b).9  
Thus, in early  1997, it came to  the Commission's attention 
that  Mr. Brewer,  through his  business, L.D.  Brewer 2-Way 
Radio, was  marketing unauthorized radio  frequency devices.  
As a result, on July 18, 1997, the Commission staff directed 
a  warning  letter  to  Mr.  Brewer  to  refrain  from  such 
activities.  Mr. Brewer responded  on July 21, 1997, denying 
he was engaged in any unlawful actions.  

11.  Thereafter,  on  August  6,  1998, an  agent  from  the 
Commission's Tampa field  office, posing as a  member of the 
general public,  sent an e-mail  to L.D. Brewer  2-Way Radio 
requesting   information   about    purchasing   a   20-watt 
transmitter that  would operate in  the FM band.  Mr. Brewer 
responded  via  e-mail with  a  price  and instructions  for 
purchasing  such equipment.  On August  25, 1998,  the Tampa 
field  office  submitted a  money  order  in the  amount  of 
$560.00  for  the  equipment  to L.D.  Brewer  2-Way  Radio.  
Subsequently, on September 28,  1998, the Tampa field office 
received a fully assembled  20-watt FM broadcast transmitter 
from L.D. Brewer 2-Way Radio.   There was no indication that 
the transmitter was authorized by the Commission, and no FCC 
identifier number  was affixed to the  equipment.  On August 
5, 1999,  the Commission staff  issued a Notice  of Apparent 
Liability against  Mr. Brewer in  the amount of  $10,000 for 
selling an unauthorized radio  frequency device, in apparent 
violation  of  Sections  2.803(a)(1) and  15.201(b)  of  the 
Commission's   rules.    The  Chief,   Enforcement   Bureau, 
subsequently rejected the arguments  in Mr. Brewer's written 
response and issued a Forfeiture Order in the same amount.10 

                      III.  DISCUSSION
  
12.  The Commission's Character  Policy Statement11 provides 
that   violations  of   the   Communications   Act  or   the 
Commission's  rules  are  matters which  are  predictive  of 
licensee behavior and directly  relevant to the Commission's 
regulatory  activities.  The  Character Policy  Statement is 
applicable to Amateur and other wireless radio licensees.12 

13.  Section 301 of the Act  provides in pertinent part that 
no person  shall operate any apparatus  for the transmission 
of communications  by radio from  one place in any  state to 
another place in the same  state without a license from this 
Commission.13  The requirement  for  a license  in order  to 
broadcast has been upheld by the United States Supreme Court 
as  a  proper  exercise   of  the  constitutional  power  of 
Congress.14 

14.  Since 1996, Mr. Brewer has  been warned to refrain from 
operating unlicensed  FM broadcast  facilities; he  has been 
the subject  of a Forfeiture  Order in the amount  of $1,000 
for  operating  an  unlicensed  FM  broadcast  facility,  in 
willful and repeated violation of Section 301 of the Act; he 
was the  subject of an in  rem seizure of equipment  used in 
operating an unlicensed FM broadcast station; and he was the 
subject of another Forfeiture Order in the amount of $10,000 
for   marketing  unauthorized   FM  broadcast   transmitting 
equipment, in willful violation  of Sections 2.803(a)(1) and 
15.201(b) of  the Commission's rules.  Notwithstanding these 
warnings  and sanctions,  the evidence  before us  indicates 
that  Mr. Brewer  continues to  engage in  the operation  of 
unlicensed  broadcast and  STL facilities,  in flagrant  and 
intentional disregard of Section 301 of the Act. 

15.  We find that Mr.  Brewer's continuing course of conduct 
raises questions  as to  whether he possesses  the requisite 
character  qualifications to  remain a  Commission licensee. 
Mr.  Brewer's  history  of  FCC-related  transgressions  and 
apparent contempt for  the Commission's regulatory authority 
are  patently inconsistent  with his  responsibilities as  a 
licensee and belie any suggestion that he can be relied upon 
to comply  with the Commission's  rules and policies  in the 
future.   Consequently,  pursuant  to Section  1.85  of  the 
Commission's rules, 47 C.F.R.   1.85, we hereby give notice 
of  the suspension  of Mr.  Brewer's Amateur  radio operator 
license  for the  remainder  of its  term  and, pursuant  to 
Section 312 of the Act, 47  U.S.C.  312, commence a hearing 
proceeding  to  determine  whether  Mr.  Brewer's  captioned 
Amateur  radio station  license and  GMRS license  should be 
revoked.

                    IV.  ORDERING CLAUSES

16.  ACCORDINGLY,  IT   IS  ORDERED,  pursuant   to  Section 
303(m)(1)(A)  of  the Act,  47  U.S.C.   303(m)(1)(A),  and 
Section 1.85  of the Commission's  rules, 47 C.F.R.   1.85, 
that notice is hereby given  of the suspension of the above-
captioned Amateur  radio operator license held  by Leslie D. 
Brewer for the duration of  its term.  The suspension of the 
captioned Amateur  radio operator license shall  take effect 
15 calendar days  after receipt by Leslie D.  Brewer of this 
Order, unless,  within such time, Leslie  D. Brewer requests 
in writing a hearing on the  matter of the suspension of his 
captioned Amateur radio operator license, in which instance, 
the suspension  of his Amateur radio  operator license shall 
be held in abeyance pending conclusion of the hearing.  

17.  IT IS FURTHER ORDERED,  pursuant to Sections 312(a)(2), 
312(a)(4), and  312(c) of  the Act, 47  U.S.C. 312(a)(2), 
312(a)(4),  and  312(c),  that the  above?captioned  Amateur 
radio station and GMRS licenses held by Leslie D. Brewer ARE 
DESIGNATED  FOR  HEARING  in  a  proceeding  before  an  FCC 
Administrative  Law  Judge,  at  a  time  and  place  to  be 
specified in a subsequent Order, upon the following issues: 

       (a)     To  determine whether  Leslie D.  Brewer 
           willfully and/or repeatedly violated Section 
           301 of  the Communications  Act of  1934, as 
           amended,  by operating  unlicensed broadcast 
           facilities in 1996,  1997, 1999 and/or 2000, 
           and, if so, the  effect thereof on his basic 
           qualifications to be and remain a Commission 
           licensee.
         
       (b)     To  determine whether  Leslie D.  Brewer 
           willfully and/or repeatedly violated Section 
           301 of  the Communications  Act of  1934, as 
           amended, by operating  an unlicensed Studio-
           to-Transmitter  Link  in 1999  and/or  2000, 
           and, if so, the  effect thereof on his basic 
           qualifications to be and remain a Commission 
           licensee.

       (c)     To  determine whether  Leslie D.  Brewer 
           willfully    and/or   repeatedly    violated 
           Sections 2.803(a)(1) and/or 15.201(b) of the 
           Commission's   rules  by   marketing  and/or 
           selling  an   unauthorized  radio  frequency 
           device or  devices, and,  if so,  the effect 
           thereof  on his  basic qualifications  to be 
           and remain a Commission licensee.

        (d)    To determine,  in light of  the evidence 
           adduced  pursuant to  the foregoing  issues, 
           whether Leslie D. Brewer  is qualified to be 
           and remain a Commission licensee.

        (e)    To   determine  whether   the  captioned 
           Amateur   radio   station   license   and/or  
           General  Mobile Radio  Service license  held 
           by Leslie D. Brewer should be revoked.

18.  IT IS FURTHER ORDERED, pursuant to Section 303(m)(1)(A) 
of the  Act, 47 U.S.C.   303(m)(1)(A), and Section  1.85 of 
the Commission's rules, 47 C.F.R.   1.85, that if Leslie D. 
Brewer, within  15 calendar days  of receipt of  this Order, 
requests  in  writing  a  hearing   on  the  matter  of  the 
suspension of his captioned  Amateur radio operator license, 
such hearing shall be held in a consolidated proceeding with 
his above-captioned  station license  on issues  (a) through 
(d), above, and on the following issue: 

        (f)    To   determine  whether   the  captioned 
           Amateur  radio  operator   license  held  by 
           Leslie  D. Brewer  should  be suspended  for 
           the remainder of its term.

19.  IT IS FURTHER ORDERED, pursuant to Section 503(b)(3)(A) 
of the Act, 47  U.S.C.  503(b)(3)(A), that, notwithstanding 
the  resolution  of  the  foregoing  issues,  the  Presiding 
Administrative Law Judge shall determine whether an Order of 
Forfeiture  should be  issued against  Leslie D.  Brewer for 
having willfully  and/or repeatedly violated Section  301 of 
the  Act on  March  11, 2000,  in an  amount  not to  exceed 
$11,000.
 
20.  IT IS FURTHER ORDERED, pursuant to Section 503(b)(3)(A) 
of the  Act, 47 U.S.C.   503(b)(3)(A), that,  in connection 
with the  potential forfeiture  liability noted  above, this 
document constitutes notice.  

21.  IT IS  FURTHER ORDERED, pursuant to  Section 1.91(c) of 
the Commission's rules, 47 C.F.R.   1.91(c), that, to avail 
himself  of  the opportunity  to  be  heard and  to  present 
evidence at the hearing in  this proceeding on the matter of 
his  captioned  Amateur  radio station  and  GMRS  licenses, 
Leslie D. Brewer, in person  or by his attorney, shall file, 
within  15 calendar  days  after receipt  of  this Order,  a 
written notice of appearance stating  that he will appear at 
the hearing  and present evidence  on issues specified  in  
17,  above. If  Leslie  D.  Brewer fails  to  file a  timely 
written notice of appearance, his  right to a hearing on the 
matter  of  his captioned  Amateur  radio  station and  GMRS 
licenses shall  be deemed to  be waived, and  the proceeding 
thereafter  shall be  conducted in  accordance with  Section 
1.92 of the Commission's rules, 47 C.F.R.  1.92.  

22.  IT IS FURTHER  ORDERED, that Leslie D.  Brewer may file 
his  written request  for a  hearing  on the  matter of  his 
captioned Amateur  radio operator license in  a consolidated 
filing with his  written notice of appearance  on the matter 
of his captioned Amateur radio station and GMRS licenses.
     
23.  IT IS  FURTHER ORDERED,  pursuant to Section  312(d) of 
the  Communications  Act  of  1934, as  amended,  47  U.S.C. 
312(d), and  Section 1.91(d) of the  Commission's Rules, 47 
C.F.R.   1.91(d), that  the burden  of proceeding  with the 
introduction of  evidence and the  burden of proof  shall be 
upon  the  Enforcement  Bureau  as  to  all  of  the  issues 
specified above. 
     
24.  IT IS  FURTHER ORDERED that the  Commission's Reference 
Information  Center shall  send a  copy of  this Order,  via 
Certified  Mail -  Return  Receipt Requested,  to Leslie  D. 
Brewer, 6122 Liberty Avenue, Tampa, Florida  33617.

25.  IT  IS  FURTHER  ORDERED  that  the  Secretary  of  the 
Commission  shall cause  to  have this  Order  or a  summary 
thereof published in the Federal Register.

                      FEDERAL COMMUNICATIONS COMMISSION



                      Magalie Roman Salas
                      Secretary
_________________________

1  47 U.S.C.  301. Section 301 of the Act provides in 
pertinent part that no person shall operate any apparatus 
for the transmission of communications by radio from one 
place in any state to another place in the same state 
without a license from this Commission. 

2  The only pertinent exception to the blanket prohibition 
on unlicensed operation is found in Section 15.239(b) of the 
Commission's rules, 47 C.F.R. 15.239(b).  This rule section 
permits unlicensed emissions between 88 MHz and 108 MHz, 
provided the field strength of such emissions does not 
exceed 250 microvolts/meter at 3 meters.  At all relevant 
times, Mr. Brewer's FM emissions have exceeded these 
parameters. 

3  Letter, dated January 19, 1996, from L. D. Brewer to 
Gerardo Daubar, Federal Communications Commission, Tampa, 
Florida. 

4  See Leslie D. Brewer, 12 FCC Rcd 13,490 (1997).
 
5  The June 19, 1997, letter denied the STA request because 
it failed to satisfy the requirements of Section  15.7(a) of 
the Commission's rules, 47 C.F.R.  15.7(a), pursuant to 
which the STA request was filed.  The June 19, 1997, letter 
returned Mr. Brewer's application as unacceptable for 
tender, pursuant to Section 73.203(a) of the Commission's 
rules, 47 C.F.R.  73.203(a), because it proposed operation 
of a new FM facility on a channel and in a location not 
included in FM Table of Allotments.  An application for 
review of the June 19, 1997, actions is pending.

6  The U.S. District Court for the Middle District of 
Florida, Tampa Division, on February 22, 2000, upheld the 
validity of the in rem seizure.

7  File No. 6271-EX-PL-1998.

8  The Commission staff ultimately denied the STA request on 
June 30, 2000, on multiple grounds.

9  These rule sections collectively prohibit the marketing 
and/or sale of unauthorized transmission equipment. 

10  On February 22, 2001, the Deputy Clerk for the United 
States District Court, Middle District of Florida, Tampa 
Division, entered a default against Mr. Brewer in connection 
with a consolidated action brought by the Department of 
Justice on behalf of the FCC to collect the $10,000 
forfeiture and the earlier $1,000 forfeiture (see para. 4, 
above) issued against Mr. Brewer.  See, United States v. 
Leslie D. Brewer, Entry of Default, Case No. 8:01-cv-59-T-
27MAP, February 22, 2001.

11  Policy Regarding Character Qualifications in Broadcast 
Licensing, 102 FCC 2d 1179 (1986), on reconsideration, 1 FCC 
Rcd 421 (1986), appeal dismissed sub nom. National 
Association for Better Broadcasting v. FCC, No. 86-1179 
(D.C.  Cir. June 11, 1987).  See also Policy Regarding 
Character Qualifications in Broadcast Licensing, 5 FCC Rcd 
3252 (1990), on reconsideration, 6 FCC Rcd 3448 (1991), 
modified, 7 FCC Rcd 6564 (1992).

12  See, e.g., Herbert L. Schoenbohm, 13 FCC Rcd 15,026 
(1998).

13  As noted above at n. 2, Section 15.239(b) of the 
Commission's rules permits unlicensed transmissions in the 
FM broadcast band, provided the transmissions are below 
certain specified field strength levels. The record before 
us indicates that Mr. Brewer's transmissions on the FM band 
have, at all relevant times, exceeded these levels and, 
thus, required a license. 
 
14  United States v. Dunifer, 997 F. Supp. 1235, 1241 (N.D. 
Cal. 1998), citing National Broadcasting Co. v. United 
States, 319 U.S. 190, 227 (1943).