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                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C.  20554


In the Matter of                        )    
                              )    File No. EB-99-HU-039
Robert                       L.                       Meyers                                                
)
                                                                              
)    NAL Acct. No X3254-001
Licensee of Amateur Radio Station N5WLY   )
Houston,                                               Texas                                                    
)                                                                              

                               


                       CONSENT DECREE

1.   The  Enforcement Bureau  of the  Federal Communications 
   Commission and Robert  L. Meyers  hereby enter  into this 
   Consent  Decree   for  the   purpose  of   terminating  a 
   forfeiture  proceeding  arising  from   an  investigation 
   related to Meyers' operation of an Amateur Radio station.

                         BACKGROUND
2.   Prompted by  complaints of  interference by  an unknown 
   radio operator,  the  Commission's  Houston Field  Office 
   monitored and identified radio  transmissions on February 
   24, 1999, emanating from a vehicle  registered to Meyers.  
   The transmissions  were  on  the  input frequency  of  an 
   Amateur Radio  repeater system  operated by  the Memorial 
   Emergency    Repeater    Association     (``MERA'')    on 
   145.470/144.870 MHz  in  the Houston  area.   On June  1, 
   1999,  agents  from  the  Houston   office  conducted  an 
   inspection of the vehicle  registered to Meyers  and from 
   which  they   had   monitored   the   interfering   radio 
   transmissions on  February 24.  The agents  found a  whip 
   antenna similar to the type used for transmissions in the 
   144 MHz  frequency range  on the  floor of  the vehicle's 
   rear cargo area.  The antenna was  not connected to radio 
   equipment and the agents  found no other  radio equipment 
   in the vehicle at the time. 

3.   In June 1999, the Houston  Field Office issued a Notice 
   of Violation  for willful  and malicious  interference to 
   radio communications in violation  of Section 333  of the 
   Communications Act  of 1934,  as  amended (``Act''),  for 
   violation of  Section 97.101(d) of the Commission's rules 
   (``Rules'') and  for  transmitting  unidentified  Amateur 
   radio communications  in violation  of Section  97.119 of 
   the Rules.  Meyers responded and denied the violations.

4.   On  January 13,  2000, the  Commission's Houston  Field 
   Office issued Meyers a  Notice of Apparent  Liability for 
   Forfeiture (``NAL'') finding Meyers apparently liable for 
   a forfeiture  in the  amount of  $8,0001  The  NAL stated 
   that Meyers had operated his Amateur  Radio station so as 
   to willfully and maliciously cause  interference to radio 
   communications in apparent  willful violation  of Section 
   333 of the Communications  Act, 47 U. S.  C. Section 333, 
   and Section  97.101(d)  of  the  Commission's  Rules,  47 
   C.F.R. Section  97.101(d),  and transmitted  unidentified 
   communications in apparent  willful violation  of Section 
   97.119 (a) of the  Commission's Rules, 47  C.F.R. Section 
   97.119(a). 

5.   On February 4, 2000, Meyers submitted a response to the 
   NAL  and  requested   cancellation.  Meyers   denied  the 
   violations and claimed that  during 1999 he did  not have 
   radio transmitting equipment in the vehicle  to which the 
   Field Agent  stated  he  had located  the  transmissions. 
   Meyers stated  that  he  never willfully  or  maliciously 
   interfered with any Amateur communications or transmitted 
   unidentified radio communications. 

6.   On  May  3,  2000,  the  Enforcement  Bureau  issued  a 
   Forfeiture Order affirming the $8,000 forfeiture amount.2  
   The Forfeiture Order  noted that Meyers'  assertions that 
   he never had  a radio transmitter  in his  vehicle during 
   1999 were  contradicted by  the observations  of the  FCC 
   agent. On February 24,  1999, the FCC agent  followed Mr. 
   Meyers' vehicle from a location near Meyers' residence to 
   his place of  business at  8825 Salon  Road.  Immediately 
   after Meyers' vehicle came to a stop  and parked in front 
   of  8825   Salon   Road,   the   agent   observed   radio 
   transmissions  consisting  of  derogatory  remarks  being 
   transmitted on the input frequency of the  MERA repeater, 
   resulting in  interference to  communications already  in 
   progress  on  the   repeater.   While   monitoring  these 
   frequencies,   the   agent    observed   that    no   FCC 
   identification  was  transmitted.  The  agent  completely 
   circled Meyers'  vehicle and  positively determined  that 
   the  transmissions   were   coming   from  the   vehicle. 
   Furthermore, the agent observed Meyers  lowering his head 
   at the start  of each of  the transmissions  and observed 
   him leaving  the vehicle.  No other  persons or  vehicles 
   were present.  The agent observed a  whip antenna  of the 
   type used in the  144 MHz frequency range  located in the 
   cargo area of Meyers' vehicle.

7.   On  June   2,  2000,  Meyers,  through   his  attorney, 
   submitted a Petition  for Reconsideration and  asked that 
   the Forfeiture Order be reversed. Meyers again denied the 
   violations and argued that the three  month delay between 
   the time the agent identified the radio transmissions and 
   the time  that  Meyers'  vehicle was  inspected  unfairly 
   prejudiced him  because if  an  immediate inspection  had 
   taken place, it  would have  shown that  he had  no radio 
   equipment in his vehicle.

                           DEFINITIONS

8.   For the purposes of  this Consent Decree, the following 
   definitions shall apply:

     (a)  The     ``Commission''    means     the    Federal 
        Communications Commission.
     (b)  The ``Bureau'' means the Enforcement Bureau of the 
        Commission.
     (c)  The  ``Order'' means  the Bureau's  order adopting 
        this Consent Decree.
     (d)  ``Enforcement Proceeding'' means the investigation 
        of and  the series  of Commission  orders concerning 
        the alleged radio operation of Meyers culminating in 
        the Forfeiture Order.
     (e)  The ``Act'' means the  Communications Act of 1934, 
        as amended, 47 U.S.C.  151 et seq.
     (f)  ``Meyers''  means Robert  L.  Meyers, licensee  of 
        Amateur Radio station N5WLY, Houston, Texas.
     (g)  ``Forfeiture  Order'' means  Robert L.  Meyers, 15 
        FCC Rcd 8045 (Enf. Bur. 2000)


                          AGREEMENT
9.   Meyers acknowledges and agrees  that the Commission has 
   jurisdiction over the matters referenced  in this Consent 
   Decree and  that the  Bureau has  the authority  to enter 
   into and adopt this Consent Decree.  

10.  Meyers  agrees  not  to  contest the  findings  in  the 
   Forfeiture Order that Meyers violated Section  333 of the 
   Act with respect to  the radio transmissions  on February 
   24, 1999 provided that  these findings shall not  be used 
   by the  Bureau against  Meyers  in any  other current  or 
   future proceedings before the Bureau, except as set forth 
   in paragraph 16 of this Consent Decree.

11.  Meyers and  the Bureau  agree that this  Consent Decree 
   does not constitute an adjudication of the merits, or any 
   finding on  the  facts or  law  regarding any  violations 
   committed  by  Meyers  arising  out  of  the  Enforcement 
   Proceeding, and  that it  is not  to be  construed as  an 
   admission of the violations by Meyers.

12.  Meyers  shall  make  a voluntary  contribution  to  the 
   United States Treasury in the amount  of $1,000 within 30 
   calendar days  after  the  Order  adopting  this  Consent 
   Decree is no longer subject to reconsideration, appeal or 
   review in accordance  with the  Act and  the Commission's 
   Rules. Meyers further  agrees to  submit his  license for 
   Amateur Radio station  N5WLY for cancellation  within the 
   same time  period, and  not  to re-apply  for an  Amateur 
   license for a  period of  5 years after  the date  of the 
   order adopting this Consent Decree.

13.  Meyers and  the Bureau acknowledge and  agree that this 
   Consent  Decree  shall  constitute   a  final  settlement 
   between them. 

14.  In   express   reliance    upon   the   covenants   and 
   representations contained  herein, the  Bureau agrees  to 
   terminate the Enforcement Proceeding at such  time as the 
   Bureau adopts this Consent Decree.

15.  Meyers waives  any and all  rights he may have  to seek 
   administrative  or   judicial  reconsideration,   review, 
   appeal or stay, or to otherwise  challenge or contest the 
   validity of this  Consent Decree  and the  Order adopting 
   this  Consent  Decree,  provided  the  Order  adopts  the 
   Consent Decree without modification.

16.  In the event that Meyers  is found by the Commission or 
   its delegated authority  to have  engaged in  conduct the 
   same or similar to that described in  paragraph 2 of this 
   Consent Decree,  Meyers  and the  Bureau  agree that  the 
   apparent misconduct described in paragraph 2  may be used 
   by the Bureau  only to  fashion an  appropriate sanction, 
   provided that Meyers shall  not be precluded  or estopped 
   from litigating de novo any and all of the issues arising 
   from the facts  and allegations presented  in the  NAL as 
   necessary to  defend,  in any  forum,  his interest  from 
   challenge by any  person or  entity not  a party  to this 
   Consent Decree.

17.  Meyers and  the Bureau agree that  the effectiveness of 
   this Consent Decree is expressly contingent upon issuance 
   of the  Order,  provided  the  Order adopts  the  Consent 
   Decree without modification.  

18.  Meyers  and the  Bureau agree  that, in  the event  any 
   court of  competent  jurisdiction  renders  this  Consent 
   Decree invalid, the Consent Decree shall  become null and 
   void and  may not  be used  in  any manner  in any  legal 
   proceeding.

19.  Meyers and the Bureau agree that, if the Commission, or 
   the United States on  behalf of the Commission,  brings a 
   judicial  action  to  enforce  the  terms  of  the  Order 
   adopting this  Consent  Decree,  neither Meyers  nor  the 
   Commission will  contest  the  validity  of  the  Consent 
   Decree or  Order,  and Meyers  will  waive any  statutory 
   right to a trial de novo with respect  to the matter upon 
   which the Order is based, and shall consent to a judgment 
   incorporating the terms of this Consent Decree.   

20.  Meyers agrees to waive any claims it may otherwise have 
   under the Equal Access to Justice Act, 5 U.S.C.  504 and 
   47 C.F.R.  1.1501 et seq.

21.  Meyers agrees that any  violation of the Consent Decree 
   or the Order adopting the Consent  Decree will constitute 
   a separate violation of a Commission order, entitling the 
   Commission to exercise any rights  and remedies attendant 
   to the enforcement of a Commission order.

22.  Any  provision of  this Consent  Decree affected  by or 
   inconsistent with any subsequent rule or order adopted by 
   the Commission will be superseded by such Commission rule 
   or order.

23.   This Consent Decree may be signed in counterparts.

      
FEDERAL COMMUNICATIONS COMMISSION  ROBERT L. MEYERS    
ENFORCEMENT BUREAU


By: _____________________                    
By:_________________________
David H. Solomon                        Robert L. Meyers
Chief, Enforcement Bureau                    Date:
Date:
_________________________

     1   Notice of  Apparent Liability  for Forfeiture,  NAL 
Acct.  No. X3254-001  (Enforcement  Bureau, Houston  Office, 
released January 13, 2000).

     2 Robert L. Meyers, 15 FCC Rcd 8045 (Enf. Bur. 2000)