Click here for Microsoft Word Version

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).


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

In the Matter of                        )
William L. Leavell                 )    File No. EB-99-ST-
Seattle, Washington 98818               )    NAL/Acct. No. 


     Adopted:  August 7, 2000                Released:  
August 8, 2000

By the Chief, Enforcement Bureau:

     1.   In this Memorandum  Opinion and Order (``Order''), 
we deny the  Petition for Reconsideration filed  on March 8, 
2000   by   William   L.  Leavell.1    Mr.   Leavell   seeks 
reconsideration of a Forfeiture  Order,2 in which the Chief, 
Enforcement Bureau, found Mr.  Leavell liable for a monetary 
forfeiture in  the amount of $2,000  for willfully violating 
Section 303(n) of the Communications Act of 1934, as amended 
(``Act''),3  and Section  95.426 of  the Commission's  Rules 
(``Rules'').4   The forfeiture  had  been  assessed for  Mr. 
Leavell's refusal to allow Commission Field Office agents to 
inspect his  Citizens Band  radio station.  For  the reasons 
discussed below,  we affirm  the monetary forfeiture  in the 
amount of $2,000.

     2.   Mr. Leavell raised all  of the facts and arguments 
in his Petition  for Reconsideration in his  response to the 
underlying Notice of Apparent  Liability for Forfeiture.  We 
reviewed all  of those facts  and arguments and  reduced the 
proposed forfeiture  from $11,000 to $2,000.   Thus, we find 
no basis for modifying the Forfeiture Order.

     3.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 1.106  of the  Rules, William L.  Leavell's Petition 
for Reconsideration IS DENIED.

     4.   Payment  of the  forfeiture shall  be made  in the 
manner provided  for in  Section 1.80  of the  Rules5 within 
thirty  (30) days  of the  release  of this  Order.  If  the 
forfeiture is not paid within the specified period, the case 
may be referred to the  Department of Justice for collection 
pursuant to Section 504(a) of the Act.6  Payment 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  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The  payment  should  note   the  NAL/Acct.  No.  915ST0003.  
Requests for  full payment under an  installment plan should 
be sent to:   Chief, Credit and Debt  Management Center, 445 
12th Street, S.W., Washington, D.C. 20554.7

     5.   IT IS FURTHER  ORDERED that, a copy  of this Order 
shall by  sent by certified mail,  return receipt requested, 
to  William L.  Leavell,  7807 46th  Avenue South,  Seattle, 
Washington 98118.


                         David H. Solomon
                         Chief, Enforcement Bureau

1 Mr.  Leavell states  that his letter  ``is a  petition for 
reconsideration pursuant to Section 1.106 of the Rules . . . 
or application[  ] for review  pursuant to Section  1.115 of 
the Rules. .  . .''  Section 1.104(b) of  the Rules provides 
the choice  of filing either a  petition for reconsideration 
or  an application  for review  of a  final action,  but not 
both.  47 C.F.R.  1.104(b).  We  will treat his letter as a 
Petition for  Reconsideration pursuant  to Section  1.106 of 
the Rules, 47 C.F.R.  1.106.
2 William L. Leavell, 15 FCC Rcd 2718 (Enf. Bur., 2000).

3 47 U.S.C.  303(n).

4 47 C.F.R.  95.426.

5 47 C.F.R.  1.80.
6 47 U.S.C.  504(a).

7 See 47 C.F.R.  1.1914.