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

In the Matter of                )
                                )       File No. EB-00-DT-801
Shepler's Inc.                  )
Mackinaw City, Michigan         )       NAL/Acct No.: No. 



                                             Released: April 6, 

By the District Director, Detroit Office, Enforcement Bureau:

     1. In  this Erratum, we make a  correction to the Notice  of 
Apparent Liability for  Forfeiture1  (``NAL'') in  the amount  of 
two thousand  two hundred  dollars ($2,200)  issued to  Shepler's 
Inc., owners of  vessels the ``Capt.  Shepler'' and  ``Wyandot'', 
for apparent violations  of Sections 80.953(a)  and 80.953(b)  of 
the  Commission's  Rules  and  Regulations  (the  ``Rules'')   by 
navigating the Great Lakes without having obtained the annual GLA 
inspection and certification of  their marine VHF  radiotelephone 

     2. Specifically,   we  correct  the   citation  of   Section 
503(b)(2)(d) of the Act in paragraph 6 of the NAL to read Section 
1.80  of  the  Rules.3    Since  violation  of  the  Great  Lakes 
Agreement is subject  to a  non-Section 503  forfeiture, we  must 
reference only the Section 1.80 provisions.

     3. In  like manner, we  must also correct  the reference  to 
base forfeiture amounts and their inflation adjustment.   Section 
1.80 specifies a statutory maximum of five hundred fifty  dollars 
($550) per day for non-Section 503 forfeitures.  This is the same 
dollar amount as was previously used, but its statutory basis  is 

     4. Finally, we remove the reference to egregiousness, as  it 
is not an  adjustment criteria  specified by  Section 1.80.   The 
downward  adjustment  criteria  of   cooperation  results  in   a 
reduction from a total forfeiture  of six thousand fifty  dollars 
($6,050) for eleven days of violative conduct to two thousand two 
hundred dollars ($2,200).  These  factors were considered in  the 
original NAL forfeiture amount, but incorrectly stated.

     5. The  corrected  text of  paragraph  6 reads  as  follows.  
Based on the evidence before us, we find that Shepler's Inc.  has 
violated the  Great Lakes  Agreement and  Sections 80.953(a)  and 
80.953(b) of the Commission's Rules  as a result of their  vessel 
the  ``Capt.  Shepler''  having  navigated  the  Great  Lakes  on 
September 18, 19,  20, 21,  22, 23, 24  and 28,  2000, and  their 
vessel the  ``Wyandot''  having  navigated  the  Great  Lakes  on 
September  20,  22,  and  24,  2000  without  having  had   their 
radiotelephone installation inspected  and certified as  required 
by the Great Lakes Agreement.  The Commission's Forfeiture Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture  Policy 
Statement''), sets  the statutory  maximum amount  forfeiture  at 
five hundred fifty dollars ($550) per day for violating the Great 
Lakes Agreement.  In assessing the monetary forfeiture amount, we 
must take into account the downward adjustment factors set  forth 
in Section 1.80  of the  Rules for  non-Section 503  forfeitures, 
which  include  minor   violations,  good   faith  or   voluntary 
disclosure, history of overall compliance, and inability to  pay. 
While this  is not  a minor  violation, the  record reveals  that 
Shepler's Inc. has  an overall history  of compliance and  showed 
good faith surrounding the violations by the voluntary disclosure 
of information, so the forfeiture is adjusted downward.  Applying 
the Policy Statement and the  adjustment criteria to the  instant 
case, we believe that a two thousand two hundred dollar  ($2,200) 
monetary forfeiture is warranted.

     6. IT IS  ORDERED that a copy of this Erratum shall be  sent 
by certified mail, return  receipt requested, to Shepler's  Inc., 
P.O. Box 250, Mackinaw City, Michigan 49701.

                              FEDERAL COMMUNICATIONS COMMISSION

                              James A. Bridgewater
                              District Director
                              Detroit Office

1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200132360002 (Enf. Bur., Detroit Office, rel. March 27, 2001).

2 47 C.F.R.  80.953(a) and 80.953(b).

3 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel. 
December 28, 1999)47 C.F.R.  1.80.