**Before the**

## Federal Communications Commission {#federal-communications-commission .unnumbered}

**Washington, D.C. 20554**

**In the Matter of** )

> )

) File No. EB-00-DT-801

Shepler's Inc. )

Mackinaw City, Michigan ) NAL/Acct. No. 200132360002

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: March 27, 2001**

By the District Director, Detroit Office, Enforcement Bureau:

# I. Introduction {#i.-introduction .unnumbered}

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Shepler's Inc. has apparently violated the Great Lakes
    Agreement ("GLA")[^1] and Sections 80.953(a) and 80.953(b) of the
    Commission's Rules[^2] (the "Rules") as a result of their vessels
    the "Capt. Shepler" and "Wyandot" navigating the Great Lakes without
    having obtained the annual GLA inspection and certification of their
    marine VHF radiotelephone equipment. We conclude that Shepler's Inc.
    is apparently liable for a forfeiture in the amount of two thousand
    two hundred dollars (\$2,200).

## II. Background {#ii.-background .unnumbered}

2.  The GLA requires, among other things, that all vessels 65 feet or
    over in length (20 meters), most towing vessels, and vessels
    carrying more than six passengers for hire be equipped with a marine
    VHF radiotelephone installation when navigated on the Great Lakes.
    The GLA is intended to promote safety of life and property on the
    Great Lakes by means of radio and requires the radiotelephone
    installation be inspected and certified at least once every thirteen
    months. The inspection of GLA subject vessels may be performed by
    the holder of an FCC General Radiotelephone Operator License, GMDSS
    Radio Maintainer's License, Second Class Radiotelegraph Operator's
    Certificate or First Class Radiotelegraph Operator's Certificate.

3.  On September 28, 2000, an FCC agent from the Detroit Office
    conducted random inspections of vessels subject to the GLA in
    Mackinaw City, Michigan to determine whether GLA inspections were
    being conducted and certified. The agent observed the "Capt.
    Shepler" returning from a voyage on the Great Lakes while carrying
    passengers between Mackinac Island, Michigan and Mackinaw City,
    Michigan. The agent inspected the "Capt. Shepler" and determined
    that the vessel did not have a current GLA safety inspection and
    certification. The agent also determined that a second vessel, the
    "Wyandot," did not have a current GLA safety inspection and
    certification.

4.  On October 31, 2000, the Detroit District Director issued an
    Official Notice of Violation ("NOV") to Shepler's Inc., P.O. Box
    250, Mackinaw City, Michigan 49701, for failure to have their
    vessels "Capt. Shepler" and "Wyandot" inspected under the GLA. As a
    follow up to this, copies of ship radiotelephone logs were requested
    and a subsequent review of these logs indicated that the "Captain
    Shepler" had also navigated on at least September 18, 19, 20, 21,
    22, 23, and 24, 2000, without a valid GLA certificate. The logs also
    indicated that the "Wyandot" had navigated on at least September 20,
    22, and 24, 2000 without a valid GLA certificate.

## III. Discussion {#iii.-discussion .unnumbered}

5.  In order to promote the safety of life and property on the Great
    Lakes, the Great Lakes Agreement and Sections 80.953(a) and
    80.953(b) of the Rules require that vessels subject to the GLA have
    the radiotelephone installation inspected and certified annually.

6.  Based on the evidence before us, we find that Shepler's Inc. has
    willfully[^3] and repeatedly[^4] violated the Great Lakes Agreement
    and Sections 80.953(a) and 80.953(b) of the Commission's Rules as a
    result of their vessel the "Capt. Shepler" having navigated the
    Great Lakes on September 18, 19, 20, 21, 22, 23, 24 and 28, 2000,
    and their vessel the "Wyandot" having navigated the Great Lakes on
    September 20, 22, and 24, 2000 without having had their
    radiotelephone installation inspected and certified as required by
    the Great Lakes Agreement. *The Commission's Forfeiture Policy
    Statement and Amendment of Section 1.80 of the Rules to Incorporate
    the Forfeiture Guidelines*, 12 FCC Rcd 17087, 17113 (1997), *recon.
    denied*, 15 FCC Rcd 303(1999) ("*Forfeiture Policy Statement*")[^5],
    sets the base forfeiture amount at five hundred dollars (\$500) per
    day for violating the Great Lakes Agreement. In assessing the
    monetary forfeiture amount, we must take into account the statutory
    factors set forth in Section 503(b)(2)(D) of the Act,[^6] which
    include 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
    other such matters as justice may require. Although the record
    reveals that Shepler's Inc. has an overall history of compliance and
    showed good faith surrounding the violations by the voluntary
    disclosure of information, the violation is egregious. Applying the
    Policy Statement and the statutory factors to the instant case and
    applying the inflation adjustments, we believe that a two thousand
    two hundred dollar (\$2,200) monetary forfeiture is warranted.

#####  {#section .unnumbered}

##### Ordering Clauses

7\. Accordingly, IT IS ORDERED THAT, pursuant to Section 506(a) of the
Act[^7] and Sections 0.111, 0.311 and 1.80 of the Rules[^8], Shepler's
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of two thousand two hundred dollars (\$2,200) for willfully
violating the Great Lakes Agreement and Sections 80.953(a) and 80.953(b)
of the Commission's Rules.

8\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
Commission\'s Rules, within thirty days of the release date of this
NOTICE OF APPARENT LIABILITY, Shepler's Inc. SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.

9\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. 200132360002.

10\. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Technical and Public Safety Division,
445 12th Street, S.W., Washington, D.C. 20554 and MUST INCLUDE THE
NAL/Acct. No. 200132360002.

11\. 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.

12\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.[^9]

13\. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to
Shepler's Inc., P.O. Box 250, Mackinaw City, Michigan 49701.

FEDERAL COMMUNICATIONS COMMISSION

James A. Bridgewater

District Director

Detroit Office

[^1]: Agreement Between Canada and the United States for the Promotion
    of Safety on the Great Lakes by Means of Radio T.I.A.S. 7837,
    amended T.I.A.S. 9352 (Great Lakes Agreement).

[^2]: 47 C.F.R. §§ 80.953(a), 80.953(b).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to Section 503(b) of the Act, provides that "\[t\]he term 'willful',
    when used with reference to the commission or omission of any act,
    means the conscious and deliberate commission or omission of such
    act, irrespective of any intent to violate any provision of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^4]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]he term "repeated", when used with reference to the commission
    or omission of any act, means the commission or omission of such act
    more than once or, if such commission or omission is continuous, for
    more than one day.

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(d).

[^7]: 47 U.S.C. § 507(a).

[^8]: 47 C.F.R. §§ 0.111, 0.311, and 1.80.

[^9]: See 47 C.F.R. § 1.1914.