**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

William A. Woods ) File No. EB-02-ST-244

Tacoma, Washington ) NAL/Acct. No. 200332980003

) FRN 0007-9944-78

)

## FORFEITURE ORDER 

**Adopted: September 15, 2003 Released: September 17, 2003**

By the Chief, Enforcement Bureau:

**I.** **INTRODUCTION**

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of five hundred dollars (\$500) to
    William A. Woods, Tacoma, Washington, for willful violation of
    Section 303(n) of the Communications Act of 1934, as amended,
    ("Act") and Section 95.426 of the Commission's Rules ("Rules").[^1]
    The noted violations involve Mr. Woods' failure to make his CB radio
    station available for inspection at the request of authorized
    Commission personnel.

2.  On December 30, 2002, the Commission's Seattle, Washington, Field
    Office ("Seattle Office") issued a *Notice of Apparent Liability for
    Forfeiture* ("*NAL*") to Mr. Woods for a forfeiture in the amount of
    seven thousand dollars (\$7,000).[^2] Mr. Woods responded to the
    *NAL* on February 10, 2003.

####  II. BACKGROUND

3.  On September 3, 2002, the Seattle Office received a report from the
    City of Tacoma, Washington, concerning complaints about interference
    to home entertainment equipment in the 3000 block of South Madison
    Street in Tacoma, Washington.

4.  On October 29, 2002, FCC agents from the Seattle Office, using
    mobile direction finding equipment, determined that an interfering
    signal on CB frequency 27.025 MHz was emanating from the residence
    of William A. Woods at 3005 S. Madison Street, Tacoma, Washington.
    The agents observed signal strength levels significantly higher than
    those expected from an authorized CB transmitter.

5.  On November 5, 2002, the agents again observed transmissions on
    27.025 MHz with signal strength levels significantly exceeding those
    expected from an authorized CB transmitter. Using mobile direction
    finding equipment, they again determined that the transmissions
    emanated from Woods' residence. After locating the source of the
    transmissions on November 5, 2002, the agents, who were accompanied
    by two police officers, requested that Mr. Woods make his CB station
    available for inspection. After a delay, Mr. Woods allowed the
    agents but not the police officers to enter his residence. Once the
    agents began an inspection of Mr. Woods' CB station, Mr. Woods
    changed his mind and refused to allow the inspection to continue.
    The agents then informed Mr. Woods that his refusal to allow an
    inspection could result in a monetary forfeiture.

6.  On December 30, 2002, the Seattle Office issued a *NAL* for a
    \$7,000 forfeiture to William A. Woods for refusing to allow an
    inspection of his CB radio station, in willful violation of Section
    303(n) of the Act and Section 95.426 of the Rules.[^3] In his
    response to the *NAL,* Mr. Woods claims that the agents who came to
    his residence on November 5, 2002, did not present any
    identification and that he did not refuse to allow the agents to
    inspect his station. In addition, Mr. Woods submitted financial
    documentation concerning his inability to pay the proposed monetary
    forfeiture and also stated that he had taken medication before the
    agents arrived at his house.

```{=html}
<!-- -->
```
III. **DISCUSSION**

```{=html}
<!-- -->
```
7.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^4] Section 1.80 of the
    Rules,[^5] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd
    303 (1999) ("*Policy Statement*"). In examining Mr. Woods' response,
    Section 503(b) of the Act requires that the Commission 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
    other such matters as justice may require.[^6]

8.  Section 303(n) of the Act authorizes the Commission to inspect radio
    stations and Section 95.426 of the Rules requires CB operators to
    make their stations available for inspection upon the request of
    Commission personnel. The agents who attempted to inspect Mr. Woods'
    station flatly contradict his claims that they did not present any
    identification and that Mr. Woods did not refuse to allow the
    inspection. The agents state that they presented identification
    indicating that they are FCC agents and that, after allowing the
    inspection to begin, Mr. Woods became extremely agitated and then
    told the agents that they could not continue with the inspection. We
    conclude that Mr. Woods violated Sections 303(n) of the Act and
    95.426 of the Rules by refusing to make his CB radio station
    available for inspection. We also conclude these violations were
    "willful" within the meaning of Section 503(b) of the Act.[^7]

9.  Mr. Woods claims to have taken the medication "Olanzapine" before
    the arrival of FCC agents at his house on May 8, 2002. Mr. Woods
    does not contend that this medication contributed to his refusal to
    permit an inspection; indeed, he flatly denies refusing to permit an
    inspection. Furthermore, it is unclear from the information provided
    whether this medication would have any affect on Mr. Woods' actions
    or state of mind.

10. Upon review of the financial documentation presented by Mr. Woods,
    we conclude that the forfeiture amount should be reduced to \$500 on
    the basis of financial hardship.

11. Mr. Woods presented several additional arguments in his response to
    the *NAL,* such as his claim that he did not operate his station on
    October 29, 2002, and his attempts to discredit the complainants.
    These additional arguments have no bearing upon the matters at issue
    in this proceeding: whether Mr. Woods failed to allow a station
    inspection, in violation of Section 303(n) of the Act and Section
    95.426 of the Rules; whether a forfeiture should be imposed for
    those violations; and the amount of any such forfeiture.
    Accordingly, we find that these additional arguments are not
    material to this proceeding and we will not consider them.

12. We have examined the response to the *NAL* pursuant to the statutory
    factors above, and in conjunction with the *Policy Statement* as
    well. As a result of our review, we conclude that Mr. Woods
    willfully violated Section 303(n) of the Act and Section 95.426 of
    the Rules and we find that, while there is no basis for cancellation
    of the proposed monetary forfeiture, a reduction to \$500 is
    warranted on the basis of financial hardship.

####  IV. ORDERING CLAUSES

13. Accordingly, **IT IS ORDERED** that, pursuant to Section 503 of the
    Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^8]
    William A. Woods **IS LIABLE FOR A MONETARY FORFEITURE** in the
    amount of five hundred dollars (\$500) for willful violation of
    Section 303(n) of the Act and Section 95.426 of the Rules.

14. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    *Order*. If the forfeiture is not paid within the period specified,
    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
    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 reference NAL/Acct. No. 200332980003 and FRN
    0007-9944-78. Requests for full payment under an installment plan
    should be sent to: Chief, Revenue and Receivables Operations Group,
    445 12th Street, S.W., Washington, D.C. 20554.[^10]

15. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by first class mail and certified mail, return receipt requested, to
    William. A. Woods, 3005 S. Madison Street, Tacoma, Washington 98409.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. § 95.426.

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200332980003 (Enf. Bur., Seattle Office, released December 30,
    2002).

[^3]: Under Section 1.80(b)(4) of the Rules, \$7,000 is the base
    forfeiture amount for failure to permit an inspection. 47 C.F.R. §
    1.80(b)(4), Note to Paragraph (b)(4): *Section I.---Base Amounts for
    Section 503 Forfeitures*.

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]:
    > Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    > to violations for which forfeitures are assessed under Section
    > 503(b) of the Act, provides that "\[t\]he term 'willful,' ...
    > means the conscious and deliberate commission or omission of such
    > act, irrespective of any intent to violate any provision of this
    > Act or any rule or regulation of the Commission authorized by this
    > Act ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd
    > 4387 (1991).

[^8]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^9]: 47 U.S.C. § 504(a).

[^10]: *See* 47 C.F.R. § 1.1914.