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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )                               
                                                                         
     Wesley Noe                          )    File Number: EB-05-DT-047  
                                                                         
     d.b.a. GI Joe's Radio Electronics   )   NAL/Acct. No: 200632360002  
                                                                         
     and GI Joe's CB Radio               )               FRN 0014938096  
                                                                         
     Richmond, Kentucky                  )                               
                                                                         
                                         )                               


                                FORFEITURE ORDER

   Adopted: December 7, 2006 Released: December 11, 2006

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of twenty-one thousand dollars ($21,000) to Wesley Noe,
       d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio (collectively
       referred to herein as "GI Joe's") for willfully and repeatedly
       violating Section 302(b) of the Communications Act of 1934, as
       amended, ("Act"), and Sections 2.803(a)(1), 2.815(b), and 2.815(c) of
       the Commission's Rules ("Rules") by offering for sale non-certified
       Citizens Band ("CB") transceivers and external radio frequency ("RF")
       power amplifiers.

   II. BACKGROUND

    2. On April 19, 2006, the Detroit Office issued a Notice of Apparent
       Liability for Forfeiture in the amount of $21,000 to GI Joe's. In the
       NAL, the Detroit Office found that GI Joe's apparently willfully and
       repeatedly violated Sections 2.803(a)(1), 2.815(b), and 2.815(c) of
       the Rules by offering for sale non-certified CB transceivers and RF
       power amplifiers on the GI Joe's Radio Electronics' web site. The
       Detroit Office further found that GI Joe's apparently willfully
       violated Section 2.803(a)(1) of the Rules by offering for sale
       non-certified CB transceivers at the GI Joe's CB Radio store in
       Richmond, KY. In response to the NAL, GI Joe's does not dispute the
       findings, but requests a cancellation or reduction based on an
       inability to pay. In support of the request, GI Joe's submitted
       federal income tax returns.

   III. Discussion

    3. The forfeiture amount proposed in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement and Amendment of Section 1.80 of the Rules to
       Incorporate the Forfeiture Guidelines. In assessing forfeitures,
       Section 503(b)(2)(D) of the Act requires that we 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 such other matters as justice may
       require.

    4. We decline to grant GI Joe's request that we cancel or reduce the
       proposed forfeiture.  The Commission has determined that, in general,
       an individual's or entity's gross revenues are the best indicator of
       an ability to pay a forfeiture. After reviewing GI Joe's claim and
       supporting documentation, we find that a cancellation or reduction of
       the forfeiture based on an inability to pay is not warranted.

    5. We have examined GI Joe's response to the NAL pursuant to the
       statutory factors above and in conjunction with the Policy Statement.
       As a result of our review, and based on the record before us, we
       conclude that GI Joe's willfully and repeatedly violating Section
       302(b) of the Act and Sections 2.803(a)(1), 2.815(b), and 2.815(c) of
       the Rules by offering for sale non-certified Citizens Band ("CB")
       transceivers and external radio frequency ("RF") power amplifiers.
       Considering the entire record and the factors listed above, we find
       that neither reduction nor cancellation of the proposed $21,000
       forfeiture is warranted.

   IV. ORDERING CLAUSES

    6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Rules, Wesley Noe, d.b.a. GI Joe's Radio Electronics
       and GI Joe's CB Radio,  IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of twenty-one thousand dollars ($21,000) for willful and
       repeated violation of Section 302(b) of the Act and Sections
       2.803(a)(1), 2.815(b), and 2.815(c) of the Rules.

    7. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) days of the release of
       this Order. If the forfeiture is not paid within the period specified,
       that case may be referred to the Department of Justice for collection
       pursuant to Section 504(a) of the Act. 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. No. and FRN No. referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
       sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number
       911-6106. Requests for full payment under an installment plan should
       be sent to: Associate Managing Director, Financial Operations, 445
       12th Street, S.W., Room 1A625, Washington, D.C. 20554.

    8. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by Certified Mail, Return Receipt Requested, and regular mail, to
       Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB Radio,
       at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Russell Monie, Jr.

   Regional Director, Northeast Region

   Enforcement Bureau

   According to a search of the LexisNexis Business Reports, Noe is the owner
   of GI Joe's Radio Electronics and GI Joe's CB Radio.

   47 U.S.C. S 302(b).

   47 C.F.R SS 2.803(a)(1), 2.815(b), 2.815(c).

   Wesley Noe, d.b.a.  GI Joe's Radio Electronics and GI Joe's CB Radio,
   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632360002
   (Enf. Bur., Detroit Office, April 19, 200) ("NAL").

   GI Joe's submitted its initial response to the NAL on May 26, 2006. At the
   request of FCC staff, GI Joe's submitted additional documentation with
   regard to its federal income tax returns on November 1, 2006.

   47 U.S.C. S 503(b).

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   47 U.S.C. S 503(b)(2)(D).

   PJB Communications of Virginia, Inc., 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 P 11  (2000), recon. denied, 16 FCC Rcd 10023, 10025
   P 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, and only a nominally higher percentage compared
   to the forfeiture issued in PJB Communications of Virginia, Inc.

   47 U.S.C. S 503(b).

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

   47 U. S. C. S 504(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 06-2479

                                       2

   Federal Communications Commission DA 06-2479