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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ronald E. Sauer, ) File No. EB-03-DT-021
Licensee of Amateur Radio ) NAL/Acct. No. 200332360006
Station WE8E ) FRN: 0008-9043-36
Bedford Heights, Ohio
FORFEITURE ORDER
Adopted: August 4, 2004 Released: August 6,
2004
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of four hundred dollars
($400) to Ronald E. Sauer (``Sauer''), licensee of Amateur
Radio Station WE8E, Bedford Heights, Ohio for his deliberate
interference with Canadian amateur radio operations,
transmission of music, and failure to transmit his assigned
call sign, in willful and repeated violation of Sections
97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's
Rules (``Rules'').1
2. On May 6, 2003, the Commission's Detroit, Michigan
Field Office released a Notice of Apparent Liability for
Forfeiture (``NAL'').2 The NAL found Sauer in apparent
violation of the above Rules, and proposed a $12,000
monetary forfeiture against Sauer ($7,000 for causing
interference, $4,000 for transmitting unauthorized material,
and $1,000 for failing to transmit the call sign). In his
May 15, 2003 response to the NAL, Sauer does not contest the
NAL's findings, but seeks cancellation of the proposed
forfeiture based on his inability to pay. Sauer claims he
is not employed, owns no real property, and exists on social
security. In support, he submits his recent social security
benefit statements.
3. After reviewing Sauer's supporting financial
documentation, we agree that he is unable to pay the
proposed $12,000 forfeiture. Consistent with precedent, we
conclude that a reduction of the proposed forfeiture to $400
is appropriate.3 In so reducing the proposed forfeiture, we
admonish Sauer for his deliberate, willful and repeated
violations of the Part 97 of the Rules governing amateur
radio operations, and caution Sauer that further violations
may result in additional enforcement measures, including
revocation of his license.4
4. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Act, and Sections 0.111, 0.311 and
1.80(f)(4) of the Rules,5 Ronald E. Sauer IS LIABLE FOR A
MONETARY FORFEITURE in the amount of four hundred dollars
($400) for its deliberate, willful and repeated violations
of Sections 97.101(d), 97.113(a)(4) and 97.119(a) of the
Rules.
5. 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.6 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 must include the FCC Registration
Number (FRN) and the NAL/Acct. No. referenced in the
caption. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables
Group, 445 12th Street, S.W., Washington, D.C. 20554.7
6. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by First Class and Certified Mail Return
Receipt Requested to Ronald E. Sauer, 23260 Cannon Road,
Bedford Heights, Ohio 44146.
FEDERAL COMMUNICATIONS
COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
147 C.F.R. §§ 97.101(d), 97.113(a)(4) and 97.119(a).
2Ronald E. Sauer, NAL/Acct. No. 200332360006 (Enf. Bur.,
Detroit, Michigan Office, released May 6, 2003).
3See PJB Communications, 7 FCC Rcd 2088, 2089 (1992)
(forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross
revenues); Local Long Distance, Inc., 15 FCC Rcd 24385,
24389 ¶ 11 (2000), recon. denied, 16 FCC Rcd 10023, 10025 ¶
6 (2001) (forfeiture not deemed excessive where it
represented approximately 7.9 percent of the violator's
gross revenues); Hoosier Broadcasting Corporation,14 FCC Rcd
3356 (CIB 1999), recon. denied, 15 FCC Rcd 8640, 8641 (Enf.
Bur. 2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's
gross revenues). In this case, the forfeiture represents a
smaller percentage than those issued in the Local Long
Distance, Inc., and Hoosier Broadcasting Corp., cases, but a
higher percentage compared to the forfeiture issued in PJB
Communications of Virginia, Inc., given the deliberate,
willful and repeated nature of Sauer's violations.
4See 47 U.S.C. §§ 308(b) and 312(a)(2), (3).
547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
647 U.S.C. § 504(a).
7See 47 C.F.R. § 1.1914.