**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-02-KC-198        |
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| William L. Needham and Lucille   | ) | NAL/Acct. No. 200232560008   |
| Needham                          | * |                              |
|                                  | * | FRN: 0007-1278-06            |
| Owners of Antenna Structure No.  |   |                              |
| 1064409                          | * |                              |
|                                  | * |                              |
| Osage Beach, Missouri            | ) |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted:** May 5, 2004 **Released:** May 7, 2004

By the Chief: Enforcement Bureau

1.  By this *Memorandum Opinion and Order* ("*Order*"), we grant, to the
    extent noted, the petition for reconsideration of the *Forfeiture
    Order*[^1] filed by William L. Needham and Lucille Needham (the
    "Needhams"), owners of Antenna Structure No. 1064409, Osage Beach,
    Missouri.[^2] The *Forfeiture Order* imposed a monetary forfeiture
    in the amount of ten thousand dollars (\$10,000) against the
    Needhams for willful violation of the painting requirements of
    Section 17.50 of the Commission's Rules ("Rules").

2.  In their petition for reconsideration, the Needhams represent that
    they are "both over 70 and do not work" and that their "income has
    been below the poverty level for several years."[^3] They claim that
    payment of the forfeiture would constitute an "\[un\]reasonable
    levy."[^4] In support of this claim, the Needhams provide federal
    tax returns for 2000, 2001 and 2002.

3.  After reviewing the Needham's inability to pay claim and supporting
    documentation, we conclude that the assessed \$10,000 forfeiture
    would pose a financial hardship. We therefore conclude that
    cancellation of the forfeiture is warranted based on the Needham's
    inability to pay.[^5]

4.  Accordingly, **IT IS ORDERED** that, pursuant to Sections 405,
    503(b)(2)(d) and 504(b) of the Communications Act of 1934, as
    amended, and Sections 1.80(i) and 1.106 of the Rules, the Needham's
    petition for reconsideration **IS GRANTED TO THE EXTENT NOTED
    HEREIN**.

5.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to
    William L. and Lucille Needham, 1090 Bluff Drive, Osage Beach,
    Missouri 65065.

    FEDERAL COMMUNICATIONS COMMISSION

    David H. Solomon

    Chief, Enforcement Bureau

# 

[^1]: *William L. Needham and Lucille Needham*, 18 FCC Rcd 5221 (Enf.
    Bur. 2003).

[^2]: *See* Petition for Reconsideration (April 21, 2003) ("Petition").

[^3]: *Id.* at 2. Given our disposition herein, we need not address the
    petitioners' other arguments.

[^4]: *Id.*

[^5]: *See, e.g., Thomas A. Brothers,* 17 FCC Rcd 26125 (Enf. Bur.
    2002); *Jeffrey Alan Pettrey,* 16 FCC Rcd 22088 (Enf. Bur. 2001).