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

In the Matter of                )
William A. Woods                )    File No. EB-02-ST-244
Tacoma, Washington              )    NAL/Acct. No. 200332980003
                                )    FRN 0007-9944-78

                        FORFEITURE ORDER 

Adopted:  September 15, 2003            Released:   September 17, 

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the  amount of  five  hundred  dollars 
  ($500) to  William A.  Woods, Tacoma,  Washington, for  willful 
  violation of Section 303(n) of the Communications Act of  1934, 
  as amended,  (``Act'') and Section  95.426 of the  Commission's 
  Rules (``Rules'').1   The noted violations  involve Mr.  Woods' 
  failure to make  his CB radio station available for  inspection 
  at the request of authorized Commission personnel.

2.        On  December  30,   2002,  the  Commission's   Seattle, 
  Washington, Field Office  (``Seattle Office'') issued a  Notice 
  of Apparent  Liability for  Forfeiture (``NAL'')  to Mr.  Woods 
  for  a forfeiture  in  the  amount of  seven  thousand  dollars 
  ($7,000).2   Mr. Woods  responded to  the NAL  on February  10, 

                         II.  BACKGROUND

3.        On September  3, 2002,  the Seattle  Office received  a 
  report  from  the   City  of  Tacoma,  Washington,   concerning 
  complaints about  interference to home entertainment  equipment 
  in  the  3000   block  of  South  Madison  Street  in   Tacoma, 

4.        On October  29,  2002,  FCC  agents  from  the  Seattle 
  Office, using  mobile direction  finding equipment,  determined 
  that  an interfering  signal on  CB  frequency 27.025  MHz  was 
  emanating from  the residence of  William A. Woods  at 3005  S. 
  Madison  Street,  Tacoma,  Washington.   The  agents   observed 
  signal  strength   levels  significantly   higher  than   those 
  expected from an authorized CB transmitter.

5.        On  November  5,  2002,   the  agents  again   observed 
  transmissions  on  27.025  MHz  with  signal  strength   levels 
  significantly exceeding  those expected from  an authorized  CB 
  transmitter.    Using mobile direction finding equipment,  they 
  again determined  that the transmissions  emanated from  Woods' 
  residence.  After locating  the source of the transmissions  on 
  November  5, 2002,  the agents,  who  were accompanied  by  two 
  police officers, requested  that Mr. Woods make his CB  station 
  available for  inspection.  After  a delay,  Mr. Woods  allowed 
  the agents but not the police officers to enter his  residence.  
  Once the agents began  an inspection of Mr. Woods' CB  station, 
  Mr. Woods changed his mind and refused to allow the  inspection 
  to  continue.  The  agents then  informed  Mr. Woods  that  his 
  refusal  to allow  an inspection  could  result in  a  monetary 

6.        On December 30, 2002, the  Seattle Office issued a  NAL 
  for a  $7,000 forfeiture to  William A. Woods  for refusing  to 
  allow  an  inspection  of his  CB  radio  station,  in  willful 
  violation of Section  303(n)  of the Act and Section 95.426  of 
  the Rules.3  In his response to the NAL, Mr. Woods claims  that 
  the agents who came  to his residence on November 5, 2002,  did 
  not present  any identification and that  he did not refuse  to 
  allow  the agents  to inspect  his station.   In addition,  Mr. 
  Woods   submitted  financial   documentation   concerning   his 
  inability  to pay  the proposed  monetary forfeiture  and  also 
  stated that he  had taken medication before the agents  arrived 
  at his house.

                      III.      DISCUSSION

7.        The  proposed  forfeiture  amount  in  this  case   was 
  assessed  in  accordance  with  Section  503(b)  of  the  Act,4 
  Section 1.80  of the  Rules,5 and  The Commission's  Forfeiture 
  Policy Statement and Amendment of Section 1.80 of the Rules  to 
  Incorporate  the  Forfeiture  Guidelines,  12  FCC  Rcd   17087 
  (1997),  recon.  denied,  15  FCC  Rcd  303  (1999)   (``Policy 
  Statement'').   In  examining  Mr.  Woods'  response,   Section 
  503(b)  of the  Act  requires  that the  Commission  take  into 
  account the  nature, circumstances, extent  and gravity of  the 
  violation  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.6

8.        Section 303(n) of the Act authorizes the Commission  to 
  inspect  radio  stations  and  Section  95.426  of  the   Rules 
  requires  CB operators  to make  their stations  available  for 
  inspection  upon  the request  of  Commission  personnel.   The 
  agents  who attempted  to  inspect Mr.  Woods'  station  flatly 
  contradict  his   claims  that   they  did   not  present   any 
  identification and that Mr.  Woods did not refuse to allow  the 
  inspection.    The    agents   state   that   they    presented 
  identification indicating  that they are  FCC agents and  that, 
  after  allowing  the inspection  to  begin,  Mr.  Woods  became 
  extremely agitated  and then  told the agents  that they  could 
  not continue with  the inspection.  We conclude that Mr.  Woods 
  violated Sections 303(n) of the Act and 95.426 of the Rules  by 
  refusing  to   make  his   CB  radio   station  available   for 
  inspection.     We   also  conclude   these   violations   were 
  ``willful'' within the meaning of Section 503(b) of the Act.7 

9.        Mr.  Woods  claims   to  have   taken  the   medication 
  ``Olanzapine'' before  the arrival of FCC  agents at his  house 
  on  May  8,  2002.   Mr.  Woods  does  not  contend  that  this 
  medication contributed to his refusal to permit an  inspection; 
  indeed,  he flatly  denies refusing  to permit  an  inspection.   
  Furthermore,  it  is  unclear  from  the  information  provided 
  whether this  medication would  have any affect  on Mr.  Woods' 
  actions or state of mind.

10.       Upon review of the financial documentation presented by 
  Mr. Woods,  we conclude  that the forfeiture  amount should  be 
  reduced to $500 on the basis of financial hardship.

11.       Mr.  Woods  presented several  additional arguments  in 
  his response  to the  NAL, such as  his claim that  he did  not 
  operate his  station on October 29,  2002, and his attempts  to 
  discredit the  complainants.  These  additional arguments  have 
  no  bearing upon  the  matters  at issue  in  this  proceeding:  
  whether  Mr. Woods  failed to  allow a  station inspection,  in 
  violation of  Section 303(n) of the  Act and Section 95.426  of 
  the Rules;  whether a  forfeiture should be  imposed for  those 
  violations;   and   the  amount   of   any   such   forfeiture.   
  Accordingly, we  find that these  additional arguments are  not 
  material to this proceeding and we will not consider them.

12.       We have examined  the response to  the NAL pursuant  to 
  the  statutory  factors above,  and  in  conjunction  with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude that  Mr. Woods willfully  violated Section 303(n)  of 
  the  Act and  Section 95.426  of the  Rules and  we find  that, 
  while  there is  no  basis  for cancellation  of  the  proposed 
  monetary forfeiture,  a reduction to $500  is warranted on  the 
  basis of financial hardship.  

                    IV.     ORDERING CLAUSES

13.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the  Rules,8  William  A.  Woods  IS  LIABLE  FOR  A   MONETARY 
  FORFEITURE in  the amount  of five hundred  dollars ($500)  for 
  willful  violation of  Section 303(n)  of the  Act and  Section  
  95.426 of the Rules.

14.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  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 Act.9  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 reference  NAL/Acct. No.  200332980003 and  FRN 
  0007-9944-78.  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. 

15.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first class mail and certified mail, return  receipt 
  requested,  to  William. A.  Woods,  3005  S.  Madison  Street, 
  Tacoma, Washington 98409.


                         David H. Solomon
                         Chief, Enforcement Bureau

  1 47 C.F.R. § 95.426.  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No.  
200332980003 (Enf. Bur.,  Seattle Office,  released December  30, 

  3 Under  Section 1.80(b)(4) of  the Rules, $7,000  is the  base 
forfeiture amount for failure to permit an inspection.  47 C.F.R.  
§ 1.80(b)(4), Note to Paragraph (b)(4):  Section I.žBase  Amounts 
for Section 503 Forfeitures.  

  4 47 U.S.C. § 503(b).

  5 47 C.F.R. § 1.80.

  6 47 U.S.C. § 503(b)(2)(D).

  7 Section  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,' ...  means the conscious  and deliberate  commission 
  or omission of such act, irrespective of any intent to  violate 
  any  provision of this  Act or  any rule or  regulation of  the 
  Commission  authorized  by   this  Act  ....''   See   Southern 
  California Broadcasting Co., 6 FCC Rcd 4387 (1991).  

  8 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

  9 47 U.S.C. § 504(a).

  10 See 47 C.F.R. § 1.1914.