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

In the Matter of                 )
                                )    File No. EB-04-KC-135
Paul D. Westcott                 )    NAL/Acct. No. 200532560001 
RR1 Box 87A                      )    FRN 0007599210
Purdy, MO 65734                  )
Licensee of Amateur Radio 
Station KC0OAB


November 30, 2004

By District Director, Kansas City Office, South Central Region, 
Enforcement Bureau:


     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Paul D. Westcott, licensee of Amateur Radio 
Station KC0OAB, apparently liable for a monetary forfeiture in 
the amount of $4,000.  For the reasons stated below, we conclude 
that Mr. Westcott apparently willfully and repeatedly failed to 
respond to Commission correspondence requesting information about 
his station pursuant to Section 308(b) of the Communications Act 
of 1934, as amended (``Act'').1  


     2.   In June 2004, the Enforcement Bureau (``Bureau'') 
received numerous complaints that Mr. Westcott's Amateur station 
KC0OAB operated 24 hours a day, seven days a week, and interfered 
with Amateur communications due to an apparent lack of station 
control.2  On June 21, 2004, the Bureau requested information 
from Mr. Westcott regarding the complaints and the operation of 
his station.3  After reviewing Mr. Westcott's response, the 
Bureau issued a Warning Notice and Request for Additional 
Information on September 2, 2004 (``Inquiry Letter'').4  U.S. 
Postal Service records show that the Inquiry Letter was signed 
for by Mr. Westcott on September 7, 2004.  The Inquiry Letter 
explained Mr. Westcott's obligations as a licensee to furnish the 
information requested pursuant to Section 308(b) of the Act.

     3.   After receiving no response from Mr. Westcott, the 
Bureau issued a ``Warning Notice¾Failure to Reply'' to Mr. 
Westcott on October 18, 2004 (``Warning Notice'').5  U. S. Postal 
Service records show that the Warning Notice was delivered to Mr. 
Westcott's address of record on October 22, 2004.  To date, Mr. 
Westcott has not responded to either the Inquiry Letter or the 
Warning Notice.


     4.   Section 403 of the Act authorizes the Commission to 
institute on its own motion any inquiry into, inter alia, any 
matter relating to the enforcement of the Act or the Commission's 
rules.6  Section 308(b) provides that the Commission ``during the 
term of any (such) licensees, may require from ...a licensee 
further written statements of fact to enable it to determine 
whether such original application should be granted or denied or 
such license revoked . . .''7  Pursuant to that authority, the 
Bureau ordered Mr. Westcott to submit a timely written response 
to its Inquiry Letter and to provide the requested information.  
The Bureau also issued a Warning Notice to Mr. Westcott of his 
failure to respond to a Bureau inquiry.  To this date, however, 
Mr. Westcott has not filed the required response.  A licensee 
cannot ignore the directives in a Bureau inquiry letter.8  We, 
therefore, conclude that Paul D. Westcott apparently willfully9 
and repeatedly10 failed to respond to Commission correspondence.

     5.   The Commission has implemented its authority under 
Section 503 of the Act by adopting forfeiture guidelines and 
rules that establish uniform base forfeiture amounts for 
violations.11  The Commission's Forfeiture Policy Statement sets 
a base forfeiture amount of $4,000 for failure to respond to 
Commission communications.12  The resulting delay in this case 
has compromised the Bureau's ability to respond to the complaints 
presented in an effective, appropriate and timely manner.  
Accordingly, we find Mr. Westcott apparently liable for a 
forfeiture in the amount of $4,000.


     6.   Accordingly, IT IS ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended,13 and 
Section 1.80 of the Commission's Rules,14 Paul D. Westcott, is 
amount of four thousand dollars ($4,000) for willfully and 
repeatedly failing to respond in writing to Commission 

     7.   IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
the Commission's Rules, within thirty (30) days of the release of 
full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 

     8.   Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. Number and FRN referenced above.  Payment by check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259.  Requests for payment of the full amount 
of this NAL under an installment plan should be sent to: Chief, 
Credit and Management Center, 445 12th Street, S.W., Washington, 
D.C. 20554.15

     9.   The response, if any, to this NAL must be mailed to the 
Kansas City Field Office, Federal Communications Commission, 520 
NE Colbern Road, Lee's Summit, MO 64086, within thirty days of 
the release of the NAL and MUST INCLUDE the NAL/Acct. No. 
referenced above.

     10.  The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the respondent submits: (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared 
according to generally accepted accounting practices (``GAAP''); 
or (3) some other reliable and objective documentation that 
accurately reflects the respondent's current financial status.  
Any claim of inability to pay must specifically identify the 
basis for the claim by reference to the financial documentation 

     11.  IT IS FURTHER ORDERED that a copy of this NAL shall  be 
sent by  Certified Mail,  Return Receipt  Requested, and  regular 
mail, to Paul D. Westcott, RR1 Box 87A, Purdy, MO 65734.


                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         South Central Region
                         Enforcement Bureau


147 U.S.C. § 308(b).
2Section 97.7 of the Commission's Rules, 47 C.F.R. §97.7, 
requires each Amateur station to have a control operator when 
3Letter from W. Riley Hollingsworth, Special Counsel, Enforcement 
Bureau. June 21, 2004.
4Letter from W. Riley Hollingsworth, Special Counsel, Enforcement 
Bureau. September 2, 2004.
5Letter from W. Riley Hollingsworth, Special Counsel, Enforcement 
Bureau. October 18, 2004.
647 U.S.C. § 403.
747 U.S.C. § 308(b).  
8See, e.g., World Communications Satellite System, Inc., 
Forfeiture Order, 19 FCC Rcd 2718 (EB 2004).
9Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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 4387-88 (1991).

10The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''  47 U.S.C. § 

11See 47 C.F.R. § 1.80(b)(4) Note (``Guidelines for Assessing 
Forfeitures, Section I - Base Amounts for Forfeitures''); see 
also The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, Notice of Proposed Rulemaking, 12 FCC Rcd 17087, 
17113-15 (1997) (``Forfeiture Policy Statement''), recon. denied, 
15 FCC Rcd 303 (1999). 
1347 U.S.C. § 503(b).
1447 C.F.R. § 1.80.
15See 47 C.F.R. § 1.1914.