Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
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
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Stephen Fowler )
d/b/a Exports R Us ) File No. EB-00-OR-
104
Pineville, Louisiana
) NAL/Acct.No. X3262010
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: September 28, 2000
By the Enforcement Bureau, New Orleans Field Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Stephen Fowler d/b/a Exports R Us (``Exports R Us'')
has apparently violated Sections 2.803 and 2.815 of the
Commission's Rules (``Rules'') by marketing an unauthorized
external radio frequency power amplifier.1 We conclude that
Exports R Us is apparently liable for forfeiture in the amount of
seven thousand dollars ($7,000).
II. BACKGROUND
2. Exports R Us operates an Internet Web site offering
numerous external radio frequency power amplifiers for sale. The
Internet Web address for this site is listed as
`http://members.aol.com/_ht_a/CBs313/Index.html'.
3. On May 24, 2000, an agent from the Commission's New
Orleans Field Office (``Field Office'') ordered an external radio
frequency power amplifier (Palomar White Face, Model 225) from
Exports R Us for use in the United States for operation in the
Citizens Band Radio Service.
4. On June 7, 2000, the Field Office received the external
radio frequency power amplifier from Exports R Us.
III. DISCUSSION
5. Section 2.803 of the Rules prohibits the marketing of
radio frequency devices, including the sale or offer for sale of
such devices, that do not conform to the Rules. Furthermore,
Section 2.815(b) of the Rules states, ``[a]fter April 27, 1978,
no person shall manufacture, sell or lease, offer for sale or
lease (including advertising for sale or lease), or import, ship,
or distribute for the purpose of selling or leasing or offering
for sale or lease, any external radio frequency power amplifier
or amplifier kit capable of operation on any frequency or
frequencies between 24 and 35 MHz.'' 2
6. The external radio frequency power amplifier received
by the Field Office on June 7, 2000, amplified radio signals on
27.185 MHz.
7. Based on the evidence before us, we find that Exports R
Us willfully3 violated Sections 2.803 and 2.815 of the Rules.
Pursuant to Section 1.80 of the Rules,4 Guidelines for Assessing
Forfeitures, the base forfeiture amount for importation or
marketing of unauthorized equipment (radio frequency power
amplifier) is $7,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set
forth in Section 503(b)(2)(D) of the Communications Act of 1934
(``Act''), as amended, which include the nature, circumstances,
extent, and gravity of the violation(s), and with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may
require.5 Applying Section 1.80 of the Rules and the statutory
factors to the instant case, a $7,000 forfeiture is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and
Sections 0.111, 0.311 and 1.80 of the Rules,7 Exports R Us is
hereby NOTIFIED of their
APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
thousand dollars ($7,000) for violating Sections 2.803 and 2.815
of the Rules, 47 C.F.R. § § 2.803, 2.815.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Exports R Us, SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture 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 Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. X3262010
11. The response if any must be mailed to Office of the
Secretary, Federal Communications Commission, 445 12th Street,
S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau - TPSD,
NAL/Acct. No. X3262010, and must include the NAL/Acct. No.
X3262010.
12. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices; or (3) some
other reliable and objective documentation that accurately
reflects the petitioner's current financial status. Any claim of
inability to pay must specifically identify the basis for the
claim by reference to the financial documentation submitted.
13. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Credit and Debt Management Center, 445 12th Street,
S.W., Washington, D.C. 20554.8
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail, Return
Receipt Requested, to Stephen Fowler d/b/a Exports R Us, 5529
Monroe Hwy, Pineville, Louisiana 71360.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director
New Orleans Field Office
_________________________
1 47 C.F.R. § § 2.803, 2.815.
2 47 C.F.R. §2.815(b)
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to Section 503(b) of the Act, provides that ``[t]he term
`willful', when used with reference to the commission or omission
of any act, means the conscious and deliberate commission or
omission of such act, irrespective of any intent to violate any
provision of this Act ....'' See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F. R. § 1.80
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.