******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) D.A. Sanders ) File No. EB-00-TS-029 ) Licensee of Stations KNKL513 and KNKD291 ) NAL/Acct. No. X20EF0017 Marathon, Florida ) ) Licensee of Station KNKD302 ) Big Coppitt Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: August 8, 2000 Released: August 10, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (``Order''), we cancel the proposed monetary forfeiture in the amount of six thousand dollars ($6,000) issued against D.A. Sanders for apparent willful violation of Section 1.949 of the Commission's Rules (``Rules'').1 The noted violation involved Mr. Sanders' failure to file license renewal applications for the above-captioned stations prior to the expiration of the authorizations for the stations. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of six thousand dollars ($6,000) to Mr. Sanders for the noted violation.2 Mr. Sanders filed a response to the NAL on January 10, 2000.3 II. BACKGROUND 3. Mr. Sanders' authorizations for Stations KNKL513, KNKD291 and KNKD302 expired on April 1, 1999. Mr. Sanders did not file applications for renewal of the authorizations until July 14, 1999. On October 1, 1999, the Wireless Bureau granted the late-filed renewal applications. 4. On November 5, 1999, the Wireless Bureau, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Section 1.80 of the Rules,4 issued an NAL in the amount of $6,000 to Mr. Sanders for the late filing of his license renewal applications. 5. On January 10, 2000, the Commission received Mr. Sanders' response to the NAL. In the response, Mr. Sanders asserts that the proposed forfeiture should be cancelled because payment of the proposed forfeiture would impose a severe financial hardship on him. In support of this assertion, Mr. Sanders provides his federal tax returns for 1999, 1998 and 1997.5 Mr. Sanders also submits his authorizations for Stations KNKL513, KNKD291 and KNKD302 for cancellation, claiming that the worry caused by the adverse Commission action prompted him to close down the stations and send the users elsewhere. III. DISCUSSION 6. Section 1.949 of the Rules states, in pertinent part, that ``[a]pplications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought ....''6 We find that Mr. Sanders violated Section 1.949 of the Rules by filing the renewal applications for Stations KNKL513, KNKD291 and KNKD302 more than 90 days after the expiration of the authorizations. 7. However, we conclude that Mr. Sanders has justified cancellation of the forfeiture based on his inability to pay. The Commission has previously held that a licensee's gross revenues are generally the best indicator of its ability to pay a forfeiture. See, e.g., PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). Mr. Sanders' tax returns showed gross revenues of $10,691 in 1999, $2,400 in 1998, and $10,660 in 1997. After considering this information, we conclude that requiring Mr. Sanders to pay a $6,000 forfeiture would impose a financial hardship. 8. Finally, we will refer Mr. Sanders' submission of his authorizations for Stations KNKL513, KNKD291 and KNKD302 to the Wireless Bureau for cancellation as requested. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,7 the forfeiture in the amount of six thousand dollars ($6,000) proposed in the NAL IS CANCELLED. 10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to D.A. Sanders, 1611 Baden Powell Drive, Hawthorne, Florida 32640, and to his counsel, Lewis Goldman, 4141 North Henderson Road, Plaza Suite 9, Arlington, Virginia 22203. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. § 1.949. 2 D.A. Sanders, DA 99-2432 (Wireless Bur., Enf. and Cons. Inf. Div., released November 5, 1999). 3 On January 5, 2000, counsel for Mr. Sanders requested and was granted additional time to respond to the NAL. 4 47 U.S.C. § 503(b); 47 C.F.R. § 1.80. 5 Mr. Sanders submitted the tax returns as a supplement to his response to the NAL on June 22, 2000. 6 47 C.F.R. § 1.949. 7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).