**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File Number: EB-05-DT-047    |
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| Wesley Noe                       | ) | NAL/Acct. No: 200632360002   |
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| d.b.a. GI Joe's Radio            | * | FRN 0014938096               |
| Electronics                      |   |                              |
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| and GI Joe's CB Radio            | * |                              |
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**FORFEITURE ORDER**

**Adopted: December 7, 2006 Released: December 11, 2006**

By the Regional Director, Northeast Region, Enforcement Bureau:

# INTRODUCTION

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of twenty-one thousand dollars (\$21,000)
    to Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB
    Radio (collectively referred to herein as "GI Joe's")[^1] for
    willfully and repeatedly violating Section 302(b) of the
    Communications Act of 1934, as amended, ("Act")[^2], and Sections
    2.803(a)(1), 2.815(b), and 2.815(c) of the Commission\'s Rules
    ("Rules")[^3] by offering for sale non-certified Citizens Band
    ("CB") transceivers and external radio frequency ("RF") power
    amplifiers.

# BACKGROUND

2.  On April 19, 2006, the Detroit Office issued a Notice of Apparent
    Liability for Forfeiture in the amount of \$21,000 to GI Joe's.[^4]
    In the *NAL*, the Detroit Office found that GI Joe's apparently
    willfully and repeatedly violated Sections 2.803(a)(1), 2.815(b),
    and 2.815(c) of the Rules by offering for sale non-certified CB
    transceivers and RF power amplifiers on the GI Joe's Radio
    Electronics' web site. The Detroit Office further found that GI
    Joe's apparently willfully violated Section 2.803(a)(1) of the Rules
    by offering for sale non-certified CB transceivers at the GI Joe's
    CB Radio store in Richmond, KY. In response to the *NAL*, GI Joe's
    does not dispute the findings, but requests a cancellation or
    reduction based on an inability to pay. In support of the request,
    GI Joe's submitted federal income tax returns.[^5]

# Discussion

3.  The forfeiture amount proposed in this case was assessed in
    accordance with Section 503(b) of the Communications Act of 1934, as
    amended ("Act"),[^6] Section 1.80 of the Rules,[^7] and the
    *Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines*.[^8] In
    assessing forfeitures, Section 503(b)(2)(D) of the Act requires that
    we take into account the nature, circumstances, extent and gravity
    of the violation and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and such
    other matters as justice may require.[^9]

4.  We decline to grant GI Joe's request that we cancel or reduce the
    proposed forfeiture. The Commission has determined that, in general,
    an individual's or entity\'s gross revenues are the best indicator
    of an ability to pay a forfeiture.[^10] After reviewing GI Joe's
    claim and supporting documentation, we find that a cancellation or
    reduction of the forfeiture based on an inability to pay is not
    warranted.

5.  We have examined GI Joe's response to the NAL pursuant to the
    statutory factors above and in conjunction with the Policy
    Statement. As a result of our review, and based on the record before
    us, we conclude that GI Joe's willfully and repeatedly violating
    Section 302(b) of the Act and Sections 2.803(a)(1), 2.815(b), and
    2.815(c) of the Rules by offering for sale non-certified Citizens
    Band ("CB") transceivers and external radio frequency ("RF") power
    amplifiers. Considering the entire record and the factors listed
    above, we find that neither reduction nor cancellation of the
    proposed \$21,000 forfeiture is warranted.

# ORDERING CLAUSES

6.  Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended,[^11] and Sections 0.111,
    0.311 and 1.80(f)(4) of the Rules,[^12] Wesley Noe, d.b.a. GI Joe's
    Radio Electronics and GI Joe's CB Radio, **IS LIABLE FOR A MONETARY
    FORFEITURE** in the amount of twenty-one thousand dollars (\$21,000)
    for willful and repeated violation of Section 302(b) of the Act and
    Sections 2.803(a)(1), 2.815(b), and 2.815(c) of the Rules.

7.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within thirty (30) days of the release
    of this *Order*. If the forfeiture is not paid within the period
    specified, that case may be referred to the Department of Justice
    for collection pursuant to Section 504(a) of the Act.[^13] Payment
    of the forfeiture must be made by check or similar instrument,
    payable to the order of the Federal Communications Commission. The
    payment must include the NAL/Acct. No. and FRN No. referenced above.
    Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340. Payment by overnight mail may be sent to Mellon Bank /LB
    358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment
    by wire transfer may be made to ABA Number 043000261, receiving bank
    Mellon Bank, and account number 911-6106. Requests for full payment
    under an installment plan should be sent to: Associate Managing
    Director, Financial Operations, 445 12th Street, S.W., Room 1A625,
    Washington, D.C. 20554.[^14]

8.  **IT IS FURTHER ORDERED** that a copy of this *Forfeiture Order*
    shall be sent by Certified Mail, Return Receipt Requested, and
    regular mail, to Wesley Noe, d.b.a. GI Joe's Radio Electronics and
    GI Joe's CB Radio, at his address of record.

    FEDERAL COMMUNICATIONS COMMISSION

Russell Monie, Jr.

> Regional Director, Northeast Region

Enforcement Bureau

[^1]: According to a search of the LexisNexis Business Reports, Noe is
    the owner of GI Joe's Radio Electronics and GI Joe's CB Radio.

[^2]: 47 U.S.C. § 302(b).

[^3]: 47 C.F.R §§ 2.803(a)(1), 2.815(b), 2.815(c).

[^4]: *Wesley Noe, d.b.a. GI Joe's Radio Electronics and GI Joe's CB
    Radio*, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
    200632360002 (Enf. Bur., Detroit Office, April 19, 200) ("*NAL*").

[^5]: GI Joe's submitted its initial response to the *NAL* on May 26,
    2006. At the request of FCC staff, GI Joe's submitted additional
    documentation with regard to its federal income tax returns on
    November 1, 2006.

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. § 1.80.

[^8]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999)
    ("*Forfeiture Policy Statement*").

[^9]: 47 U.S.C. § 503(b)(2)(D).

[^10]: *PJB Communications of Virginia, Inc.*, 7 FCC Rcd 2088, 2089
    (1992) (forfeiture not deemed excessive where it represented
    approximately 2.02 percent of the violator's gross revenues); *Local
    Long Distance, Inc.,* 15 FCC Rcd 24385, 24389 ¶ 11 (2000), *recon.
    denied,* 16 FCC Rcd 10023, 10025 ¶ 6 (2001) (forfeiture not deemed
    excessive where it represented approximately 7.9 percent of the
    violator's gross revenues); *Hoosier Broadcasting Corporation,* 14
    FCC Rcd 3356 (CIB 1999), *recon. denied,* 15 FCC Rcd 8640, 8641
    (Enf. Bur. 2002) (forfeiture not deemed excessive where it
    represented approximately 7.6 percent of the violator's gross
    revenues). In this case, the forfeiture represents a smaller
    percentage than those issued in the *Local Long Distance, Inc.,* and
    *Hoosier Broadcasting Corp.,* cases, and only a nominally higher
    percentage compared to the forfeiture issued in *PJB Communications
    of Virginia, Inc.*

[^11]: 47 U.S.C. § 503(b).

[^12]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^13]: 47 U. S. C. § 504(a).

[^14]: *See* 47 C.F.R. § 1.1914.