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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Richard E. LaPierre ) File Number EB-00-
BS-212
Seabrook, New Hampshire ) NAL/Acct. No.
X32260001
MEMORANDUM OPINION AND ORDER
Adopted: April 10, 2001 Released: April
12, 2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we affirm a monetary forfeiture in the amount of four
thousand dollars ($4,000) that we issued to Richard E.
LaPierre1 for willfully and repeatedly violating Section
1.89(b) of the Commission's Rules (``Rules'').2 The noted
violations involve Mr. LaPierre's failure to respond to four
written Commission inquiries regarding his marine radio
station.
2. Mr. LaPierre submitted U.S. and New Hampshire
Individual and Sole Proprietorship tax returns to support
his contention that the $4,000 forfeiture would cause
``unfair hardship'' to his family. Mr. LaPierre's combined
gross income and gross sales amounted to $178,947 in 1999
and $179,048 in 1998. After reviewing his financial
documentation, we find that the $4,000 forfeiture is
reasonable given his gross income and gross sales.3
3. Accordingly, IT IS ORDERED THAT, payment of the
forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules,4 within 30 days of the release of
this Order. If the forfeiture is not paid within the period
specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the
Communications Act of 1934, as amended.5 Payment may be
made 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. X32260001 referenced above. Requests for full
payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.6
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by Certified Mail Return Receipt Requested to
Richard E. LaPierre, 6 Zagarella Circle, Seabrook, New
Hampshire 03874.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Richard E. LaPierre, 15 FCC Rcd 23525 (Enf. Bur.
2000).
2 47 C.F.R. § 1.89(b).
3 See PJB Communications, 7 FCC Rcd 2088 (1992).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.