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


                              )
In the Matter of                        )         
                              )         File No.: EB-03-TP-191
Tommie Salter                      )         NAL/Acct.        No. 
200532700002
Jacksonville, Florida                   )                        
FRN 0011485604
                              )         
                    

                  MEMORANDUM OPINION AND ORDER

Adopted:  February 16, 2005                  Released:   February 
18, 2005

By the Chief, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Memorandum Opinion and Order (``Order''), we 
          grant in part and deny in part the petition for 
          reconsideration filed by Tommie Salter of the 
          Forfeiture Order issued December 27, 20041 and reduce 
          the assessed forfeiture amount to five hundred fifty 
          dollars ($550), in light of evidence Mr. Salter has 
          submitted regarding his inability to pay.  The 
          Forfeiture Order imposed a monetary forfeiture in the 
          amount of $10,000 to Mr. Salter for the willful 
          violation of Section 301 of the Communications Act of 
          1934, as amended (``Act'').2  The noted violation 
          involved Mr. Salter's operation of a citizens band 
          (``CB'') radio station without Commission 
          authorization.  

II.  BACKGROUND

     2.   Agents from the Commission's Tampa Office of the 
          Enforcement Bureau (``Tampa Office'') determined that 
          Mr. Salter operated a CB transmitter that was not FCC 
          certificated for CB use.3  They also observed Mr. 
          Salter, who had been informed by an Official Notice 
          not to operate between 6 a.m. and 11:59 p.m., 
          operating his CB radio station during restricted 
          hours.  Because Mr. Salter operated his CB station in 
          a manner inconsistent with the Commission's Rules 
          (``Rules''), he was not authorized to operate his CB 
          station.4  On October 18, 2004, the Tampa Office 
          issued a Notice of Apparent Liability for Forfeiture 
          (``NAL'') to Mr. Salter in the amount of ten thousand 
          dollars ($10,000) for the apparent willful violation 
          of Section 301 of the Act.5  On November 18, 2004, 
          Mr.Salter filed a response to the NAL essentially 
          arguing that his violations were not willful, because 
          he did not intend to violate the Rules.  

     3.   Finding that for a violation to be willful, it must be 
          committed consciously and deliberately, irrespective 
          of any intent to violate the Rules,6 the Enforcement 
          Bureau issued a Forfeiture Order upholding the NAL on 
          December 27, 2004.  The Bureau received Mr. Salter's 
          petition for reconsideration on January 14, 2005.  In 
          his petition, Mr. Salter does not contest the 
          violations found in the Forfeiture Order.  However, he 
          seeks cancellation or reduction of the assessed 
          forfeiture based on his inability to pay.  Mr. Salter, 
          who asserts he is retired and living on Social 
          Security and fixed retirement benefits, provided 
          copies of his tax returns to support his claim.  

III.  DISCUSSION

     4.   The forfeiture amount in this case was assessed in 
       accordance with Section 503(b) of the Act, 7 Section 1.80 
       of the Rules,8 and The Commission's Forfeiture Policy 
       Statement and Amendment of Section 1.80 of the Rules to 
       Incorporate the Forfeiture Guidelines.9  In examining Mr. 
       Salter's petition, Section 503(b) of the Act requires 
       that the Commission take into account 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 any 
       other such matters as justice may require.10  

     5.   The Commission has determined that, in general, an 
entity's gross revenues are the best indicator of its ability to 
pay a forfeiture.11  After reviewing Mr. Salter's claim and tax 
returns, we believe that payment of a $10,000 forfeiture would 
pose a financial hardship.  Therefore, we find that a reduction 
of the forfeiture to $550 is warranted based on his inability to 
pay.12   Pursuant to Sections 4(i) and 308(b) of the Act,13 we 
also direct Mr. Salter to submit a statement to the Enforcement 
Bureau that he has either ceased operating his CB station or come 
into compliance with all Rules, including restricted hours 
imposed by Official Notices.  This statement, made under penalty 
of perjury, must be signed by Mr. Salter and submitted no more 
than thirty days after the release of this Order.   

IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED that, pursuant to Section 
405 of the Communications Act of 1934, as amended,14 and Section 
1.106 of the Commission's Rules,15 Tommie Salter's petition for 
reconsideration of the December 27, 2004 Forfeiture Order IS 
hereby GRANTED to the extent noted herein and DENIED in all other 
respects.

     7.   Payment of the $550 forfeiture shall be made in the 
manner provided for in Section 1.80 of the Rules within 30 days 
of the release of this Order.  If the forfeiture is not paid 
within the period specified, the case may be referred to the 
Department of Justice for collection pursuant to Section 504(a) 
of the Act.16  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 Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
made to ABA Number 071000013, receiving bank ``Bank One,'' and 
account number 1165259.  Requests for full payment under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., Washington, 
D.C. 20554.17

     8.   IT IS FURTHER ORDERED that, pursuant to Sections 307(e) 
and 308(b) of the Communications Act of 1934, as amended,18 
Tommie Salter must submit the statement described in paragraph 5 
above, no more than thirty (30) days following the release of 
this Order, to the Federal Communications Commission, Enforcement 
Bureau, South Central Region, 3575 Koger Boulevard, Suite 320, 
Duluth, Georgia 30096-4958, Attention: Regional Counsel. 
          
     9.        IT IS FURTHER ORDERED that this Order shall be 
sent by regular mail and by certified mail, return receipt 
requested, to Tommie Salter at his address of record and Donald 
E. Pinaud, Jr., 4069 Atlantic Boulevard, Jacksonville, Florida 
32207.

                         
                         FEDERAL COMMUNICATIONS COMMISSION       


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1Tommie Salter, Forfeiture Order, DA 04-4012 (Enf. Bur. December 
27, 2004) (``Forfeiture Order'').

247 U.S.C.  301.

3See 47 C.F.R.  95.409.

4See 47 C.F.R.  95.404. 

5Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532700002 (Enf. Bur., Tampa Office, October 18, 2004) 
(``NAL'').

6See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 

747 U.S.C.  503(b).

847 C.F.R.  1.80.

912 FCC Rcd. 17087 (1997), recon. denied, 15 FCC Rcd. 303 (1999).

1047 U.S.C.  503(b)(2)(D).

11PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 
(1992).

12See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992) 
(forfeiture not deemed excessive where it represented 
approximately 2.02 percent of the violator's gross revenues); 
Local Long Distance, Inc., 16 FCC Rcd 24385 (2000) (forfeiture 
not deemed excessive where it represented approximately 7.9 
percent of the violator's gross revenues); Hoosier Broadcasting 
Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed 
excessive where it represented approximately 7.6 percent of the 
violator's gross revenues).  In this case, the reduced forfeiture 
represents a smaller percentage than those issued in the Local 
Long Distance, Inc. and Hoosier Broadcasting Corp., cases, and a 
higher percentage compared to the forfeiture issued in PJB 
Communications of Virginia, Inc.

1347 U.S.C.  154(i), 308(b).

1447 U.S.C.  405.

1547 C.F.R.  1.106.

1647 U.S.C.  504(a).

17See 47 C.F.R.  1.1914.

1847 U.S.C.  307(e), 308(b).