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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
     In the Matter of                                                        
                                            )                                
     Donald Winton                              File Number: EB-07-HU-007    
                                            )                                
     Licensee of Citizen Band Radio             NAL/Acct. No.: 200732540003  
     Station                                )                                
                                                FRN: 0016201386              
     Corpus Christi, Texas                  )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted:  September 14, 2007 Released:  September 18, 2007

   By the Associate Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order ("Order"), we deny in part and
       grant in part the petition for reconsideration filed by Donald Winton
       of the Forfeiture Order issued July 12, 2007. The Forfeiture Order
       imposed a monetary forfeiture in the amount of $7,000 for Mr. Winton's
       willful violation of Section 95.426(a) of the Commission's Rules. The
       noted violation involved Mr. Winton's failure to make his CB radio
       station available for inspection.

   II. BACKGROUND

    2. On February 21, 2007, in response to a complaint that a CB radio
       station in Corpus Christi, Texas was jamming communications on CB
       channel 19 by continually re-broadcasting the programming of a local
       AM broadcast station, an agent from the Commission's Houston Office of
       the Enforcement Bureau ("Houston Office") monitored communications on
       CB channel 19 in the Corpus Christi area. The agent observed a radio
       signal on CB channel 19 re-broadcasting the programming of a local AM
       broadcast station; and using radio direction finding techniques
       determined that the signal originated from an antenna mounted on a
       house in Corpus Christi, Texas.

    3. Still on February 21, 2007, while the agent was making measurements on
       the radio signal from the CB radio station, Donald Winton exited the
       house and walked down the driveway. The agent introduced himself as an
       FCC agent, and requested to inspect the CB radio station inside the
       house. Mr. Winton confirmed this location was his residence and that
       the CB station belonged to him, but refused to make the station
       available for inspection. The agent advised Mr. Winton that the
       Commission's Rules require the operator of a CB radio station to make
       the station available for inspection. Mr. Winton still refused to make
       the station available for inspection. The agent then requested that
       Mr. Winton go inside and take the station off the air because it was
       blocking communications on CB radio channel 19. Mr. Winton walked into
       the house and the station's transmissions ceased. Mr. Winton returned
       and continued to refuse to make the station available for inspection,
       so the agent left the area.

    4. On April 23, 2007, the Houston Office issued a Notice of Apparent
       Liability for Forfeiture to Mr. Winton in the amount of seven thousand
       dollars ($7,000), for the apparent willful violation of Section
       95.426(a) of the Rules. Mr. Winton submitted a response to the NAL
       requesting a reduction or cancellation of the proposed forfeiture. On
       July 12, 2007, the Enforcement Bureau ("Bureau") released the
       Forfeiture Order. The Bureau received Mr. Winton's petition for
       reconsideration on July 30, 2007, requesting reduction or cancellation
       of the forfeiture.

   III. DISCUSSION

    5. The forfeiture amount in this case was assessed in accordance with
       Section 503(b) of the 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 examining
       Mr. Winton's petition, 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 any
       other such matters as justice may require.

    6. Mr. Winton states that he did not let the agent into his house,
       because of the danger posed by his dogs, and that he mentioned the
       dogs to the agent. He also claims that the agent acknowledged the dogs
       and said that "maybe the dogs won't bite." Mr. Winton further writes
       that the agent has "a vendetta out to get me cause I wouldn't let you
       in my house and told you get off my property!" We find that Mr. Winton
       has raised no arguments that would warrant reduction or cancellation
       of the forfeiture. Mr. Winton admits that he refused to allow the
       agent inside his home to inspect his CB station. As stated in the
       Forfeiture Order, if Mr. Winton was concerned about the agent's
       safety, he should have confined his dogs to a separate room, prior to
       allowing the agent to inspect his CB station, rather than refusing the
       inspection.

    7. Mr. Winton also asserts that he provided sufficient information
       regarding his finances to warrant a reduction in forfeiture. In
       response to the NAL, Mr. Winton provided copies of 1099 Social
       Security Forms from 2004 and 2005, a new Social Security benefit
       amount form for 2006 and a 2006 Notice of Eligibility of Benefits from
       the Texas Health & Human Services Commission. Mr. Winton was asked to
       provide additional information to demonstrate his inability to pay the
       forfeiture, namely federal tax returns for 2004, 2005, and 2006, or,
       if he did not file tax returns, a statement under penalty of perjury
       listing all of his sources of income for 2004, 2005, and 2006. Mr.
       Winton did not provide this information, so the Bureau was unable to
       determine in the Forfeiture Order whether a reduction was warranted.
       Subsequent to filing his petition for reconsideration, Mr. Winton
       provided additional documentation regarding his sources of income.
       After examining the financial documentation submitted by Mr. Winton,
       we conclude that a reduction of the forfeiture to $225 is warranted
       based on his demonstrated inability to pay.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, Donald Winton's petition for reconsideration of
       the July 12, 2007 Forfeiture Order IS hereby DENIED IN PART and
       GRANTED IN PART.

    9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Donald Winton IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of two hundred and
       twenty-five dollars ($225) for violation of Section 95.426(a) of the
       Rules.

   10. Payment of the $225 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. 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.

   11. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
       and by certified mail, return receipt requested, to Donald Winton at
       his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Associate Chief, Enforcement Bureau

   Donald Winton, Forfeiture Order, DA 07-3098 (Enf. Bur. South Central
   Region July 12, 2007) ("Forfeiture Order").

   47 C.F.R. S: 95.426(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732540003
   (Enf. Bur., Houston Office, April 23, 2007) ("NAL").

   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).

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

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 95.426(a).

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 07-3927

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   Federal Communications Commission DA 07-3927