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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
William L. Leavell ) File No. EB-99-ST-
010
Seattle, Washington 98818 ) NAL/Acct. No.
915ST0003
MEMORANDUM OPINION AND ORDER
Adopted: August 7, 2000 Released:
August 8, 2000
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we deny the Petition for Reconsideration filed on March 8,
2000 by William L. Leavell.1 Mr. Leavell seeks
reconsideration of a Forfeiture Order,2 in which the Chief,
Enforcement Bureau, found Mr. Leavell liable for a monetary
forfeiture in the amount of $2,000 for willfully violating
Section 303(n) of the Communications Act of 1934, as amended
(``Act''),3 and Section 95.426 of the Commission's Rules
(``Rules'').4 The forfeiture had been assessed for Mr.
Leavell's refusal to allow Commission Field Office agents to
inspect his Citizens Band radio station. For the reasons
discussed below, we affirm the monetary forfeiture in the
amount of $2,000.
2. Mr. Leavell raised all of the facts and arguments
in his Petition for Reconsideration in his response to the
underlying Notice of Apparent Liability for Forfeiture. We
reviewed all of those facts and arguments and reduced the
proposed forfeiture from $11,000 to $2,000. Thus, we find
no basis for modifying the Forfeiture Order.
3. Accordingly, IT IS ORDERED that, pursuant to
Section 1.106 of the Rules, William L. Leavell's Petition
for Reconsideration IS DENIED.
4. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules5 within
thirty (30) days of the release of this Order. If the
forfeiture is not paid within the specified period, 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 credit card through the Commission's Credit and Debt
Management Center at (202) 418-1995 or 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 note the NAL/Acct. No. 915ST0003.
Requests for full payment under an installment plan should
be sent to: Chief, Credit and Debt Management Center, 445
12th Street, S.W., Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED that, a copy of this Order
shall by sent by certified mail, return receipt requested,
to William L. Leavell, 7807 46th Avenue South, Seattle,
Washington 98118.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Mr. Leavell states that his letter ``is a petition for
reconsideration pursuant to Section 1.106 of the Rules . . .
or application[ ] for review pursuant to Section 1.115 of
the Rules. . . .'' Section 1.104(b) of the Rules provides
the choice of filing either a petition for reconsideration
or an application for review of a final action, but not
both. 47 C.F.R. § 1.104(b). We will treat his letter as a
Petition for Reconsideration pursuant to Section 1.106 of
the Rules, 47 C.F.R. § 1.106.
2 William L. Leavell, 15 FCC Rcd 2718 (Enf. Bur., 2000).
3 47 U.S.C. § 303(n).
4 47 C.F.R. § 95.426.
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.