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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Richard E. LaPierre ) File No. EB-00-BS-
212
Lady Meghan Ryan, WCX4267 )
Seabrook, New Hampshire ) NAL/Acct. No.
X32260001
FORFEITURE ORDER
Adopted: August 29, 2000 Released:
August 31, 2000
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
$4,000 monetary forfeiture to Richard E. LaPierre for
willfully and repeatedly violating Section 1.89(b) of the
Commission's Rules (``Rules'') by failing to respond to
written Commission inquiries dated September 28, 1999,
October 25, 1999, December 3, 1999, and February 28, 2000.1
The inquiries related to Mr. LaPierre's marine radio
station.
2. On May 12, 2000, the District Director of the
Commission's Boston, Massachusetts Field Office (``Field
Office'') issued a $4,000 Notice of Apparent Liability for
Forfeiture (``NAL'') to Mr. LaPierre.2
3. Mr. LaPierre explains that he failed to respond to
the Field Office's Notices of Violation, which directed him
to respond within ten days, because he was repairing his
vessel, Lady Meghan Ryan, and, at one, point, ``was ignoring
all my mail. . . .'' He gives no explanation for not
following the Field Office agent's advice to him, during a
telephone call that he initiated to the Field Office on
January 12, 2000, that he respond in writing to the Notices
of Violation in order to avoid a forfeiture. Section
1.89(b) of the Rules provides that if ``an answer cannot be
sent or an acknowledgement cannot be made within such 10-day
period by reason of illness or other unavoidable
circumstances, acknowledgment and answer shall be made at
the earliest practical date with a satisfactory explanation
of the delay.''3 Mr. LaPierre has not provided a
satisfactory explanation for his delay in responding to the
Field Office inquiries that began on September 28, 1999, and
concluded on February 28, 2000.
4. Next, Mr. LaPierre claims that he has rectified
his outstanding marine radio station license infractions.
The Field Office issued the NAL to Mr. LaPierre for his
failure to respond to Commission inquiries and did not cite
him for his apparent marine radio station license
infractions.4
5. Finally, Mr. LaPierre requests that we cancel the
$4,000 as it would cause him ``unneeded financial
punishment.'' According to the instructions provided in the
NAL with respect to proof for such a claim, the
Commission will not consider reducing or
canceling a forfeiture in response to a
claim of inability to pay unless the
petitioner submits: (1) federal tax
returns for the most recent three-year
period; (2) financial statements
prepared according to generally accepted
accounting practices (``GAAP''); or (3)
some other reliable and objective
documentation that accurately reflects
the petitioner's current financial
status. Any claim of inability to pay
must specifically identify the basis for
the claim by reference to the financial
documentation submitted.5
Mr. LaPierre has not provided the necessary proof to
evaluate his claim. Indeed, he has provided no information
at all regarding his inability to pay.
6. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as amended
(``Act''),6 and Sections 0.111, 0.311, and 1.80(f)(4) of the
Rules,7 Richard E. LaPierre IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $4,000 for violating Section
1.89(b) of the Rules.
7. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules8 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.9 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. X32260001.
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. 20554.10
8. IT IS FURTHER ORDERED that, a copy of this Order
shall be sent by certified mail, return receipt requested,
to Richard E. LaPierre, 6 Zacarella Circle, Seabrook, New
Hampshire 03874.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 1.89(b).
2 Richard E. LaPierre, NAL/Acct. No. X32260001 (Enf. Bur.,
Boston Office, May 12, 2000).
3 47 C.F.R. § 1.89(b).
4 Even if it were an issue, we note that remedial action to
correct a violation, although commendable, will not nullify
a forfeiture penalty. See Station KGVL, Inc., 42 FCC 2d
258, 259 (1993).
5 NAL at 4 ¶ 15.
6 47 U.S.C. 503(b).
7 47 C.F.R. §§ 0.111, 0.311, and 1.80(f)(4).
8 47 C.F.R. § 1.80.
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.