******************************************************** 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 ) ) 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.