******************************************************** NOTICE ******************************************************** 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, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) The Two Way Shop ) File No. EB-99-ST- 439 Kennewick, Washington ) NAL/Acct. No. 915ST0007 MEMORANDUM OPINION AND ORDER Adopted: September 13, 2000 Released: September 14, 2000 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (``Order''), we deny The Two Way Shop's Petition for Reconsideration of the $7,000 Forfeiture Order that we issued to it on April 7, 2000.1 The Two Way Shop willfully and repeatedly violated Section 302 of the Communications Act of 1934, as amended (``Act''), and Sections 2.803 and 2.815 of the Commission's Rules by offering linear amplifiers for sale.2 2. In a letter dated May 3, 2000, the Two Way Shop responded to the Forfeiture Order. We will treat the May 3, 2000 letter as a Petition for Reconsideration of the Forfeiture Order.3 3. The Two Way Shop raises one new issue in its Petition for Reconsideration. It alleges that neither its owner operator nor his wife have spoken with a Commission agent in The Two Way Shop, and, accordingly, could not have offered to sell linear amplifiers to the agent. The Two Way Shop apparently overlooks our statement in the Forfeiture Order that the investigating agents posed as ``members of the general public.''4 In this case, the agents' decision to proceed undercover has no bearing on The Two Way Shop's culpability because the operative terms of Section 302 of the Act and Sections 2.803 and 2.815 of the Rules simply prohibits the offering for sale of the linear amplifiers. 4. Accordingly, IT IS ORDERED that, pursuant to Section 1.106 of the Rules,5 The Two Way Shop's Petition for Reconsideration IS DENIED. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules6 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.7 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. 915ST0007. 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. 20554.8 6. IT IS FURTHER ORDERED that, a copy of this Order shall by sent by certified mail, return receipt requested, to Patrick Cleppe, The Two Way Shop, 220 East Columbia Drive, Kennewick, Washington 99336. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 The Two Way Shop, 15 FCC Rcd 12439 (Enf. Bur. 2000). 2 See 47 U.S.C. § 302; 47 C.F.R. §§ 2.803, 2.815. 3 See 47 C.F.R. § 1.106. 4 The Two Way Shop, 15 FCC Rcd at 12439. 5 47 C.F.R. § 1.106. 6 47 C.F.R. § 1.80. 7 47 U.S.C. § 504(a). 8 See 47 C.F.R. § 1.1914.