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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, 

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 

     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 

                              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.