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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Two Way Shop ) File No. EB-99-ST-
439
Kennewick, Washington ) NAL/Acct. No.
915ST0007
MEMORANDUM OPINION AND ORDER
Adopted: September 13, 2000 Released:
September 14, 2000
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we deny The Two Way Shop's Petition for Reconsideration of
the $7,000 Forfeiture Order that we issued to it on April 7,
2000.1 The Two Way Shop willfully and repeatedly violated
Section 302 of the Communications Act of 1934, as amended
(``Act''), and Sections 2.803 and 2.815 of the Commission's
Rules by offering linear amplifiers for sale.2
2. In a letter dated May 3, 2000, the Two Way Shop
responded to the Forfeiture Order. We will treat the May 3,
2000 letter as a Petition for Reconsideration of the
Forfeiture Order.3
3. The Two Way Shop raises one new issue in its
Petition for Reconsideration. It alleges that neither its
owner operator nor his wife have spoken with a Commission
agent in The Two Way Shop, and, accordingly, could not have
offered to sell linear amplifiers to the agent. The Two Way
Shop apparently overlooks our statement in the Forfeiture
Order that the investigating agents posed as ``members of
the general public.''4 In this case, the agents' decision
to proceed undercover has no bearing on The Two Way Shop's
culpability because the operative terms of Section 302 of
the Act and Sections 2.803 and 2.815 of the Rules simply
prohibits the offering for sale of the linear amplifiers.
4. Accordingly, IT IS ORDERED that, pursuant to
Section 1.106 of the Rules,5 The Two Way Shop's Petition for
Reconsideration IS DENIED.
5. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules6 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.7 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. 915ST0007.
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. 20554.8
6. IT IS FURTHER ORDERED that, a copy of this Order
shall by sent by certified mail, return receipt requested,
to Patrick Cleppe, The Two Way Shop, 220 East Columbia
Drive, Kennewick, Washington 99336.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 The Two Way Shop, 15 FCC Rcd 12439 (Enf. Bur. 2000).
2 See 47 U.S.C. § 302; 47 C.F.R. §§ 2.803, 2.815.
3 See 47 C.F.R. § 1.106.
4 The Two Way Shop, 15 FCC Rcd at 12439.
5 47 C.F.R. § 1.106.
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.