******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) In the Matter of ) ) Frank Bartholomew ) NAL/Acct. No. 815PA0002 254 Sugar Road ) RRI Box 254 ) Fredericksburg, Pennsylvania ) ) ) MEMORANDUM OPINION AND ORDER Adopted: March 17, 1999 Released: March 18, 1999 By the Compliance and Information Bureau: INTRODUCTION 1. Before the Compliance and Information Bureau ("the Bureau") is the June 11, 1998 letter of Frank Bartholomew ("Mr. Bartholomew" or "Petitioner") filed in response to the Bureau's May 13, 1998 Forfeiture Order. See Frank Bartholomew, 13 FCC Rcd 13160 (1998). For purposes of review, Mr. Bartholomew's letter will be considered as a petition for reconsideration under Section 1.106 of the Commission's Rules ("the Rules"), 47 C.F.R.  1.106. Pursuant to Section 503(b) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  503(b) and Section 1.80 of the Rules, 47 C.F.R.  1.80, the Bureau's Forfeiture Order found Mr. Bartholomew liable for a monetary forfeiture in the amount of $2,000 for the willful and repeated violations of Sections 301 and 303(n) of the Act, 47 U.S.C.  301 and 303(n), and Sections 15.209 and 15.239 of the Rules, 47 C.F.R.  15.209 and 15.239. 2. For the reason noted below, we will deny the petition for reconsideration and will affirm the monetary forfeiture in the amount of $2,000. BACKGROUND 3. Prompted by a complaint, the Bureau's Philadelphia, Pennsylvania Field Office, monitored and located an unauthorized transmission by Mr. Bartholomew on frequency 88.7 MHz on October 10, 1997. Field strength measurements taken at that time demonstrated that the transmissions exceeded the limits permitted for unlicensed broadcasting under Section 15.239 of the Rules. Pursuant to Section 303(n) of the Act, on October 10, 1997, a Commission agent attempted to inspect the station. The agent approached the property, consisting of a business and farm house, from which the transmissions were emanating. The apparent owner of the premises (who was later determined to be Mr. Bartholomew) refused to respond to questions posed by the Commission agent regarding the name of the property owner and operator of the radio facilities. The agent also asked for, but was refused, permission to inspect the radio transmission facilities. 4. The agent left and was eventually able to ascertain the identity of Mr. Bartholomew from a neighbor. The Commission agent returned to the station on October 11, 1997. He verified that the station was still operating from this location and again asked Mr. Bartholomew to allow the inspection. Again, Mr. Bartholomew refused. The Commission agent then orally warned Mr. Bartholomew that operation of the station was in violation of the Act. The station was still operating as the agent was leaving the area. The investigation revealed that the transmission could be heard over a 288 square mile area. 5. Based on the above investigation, a Notice of Apparent Liability was issued on December 18, 1997, by the Philadelphia Field Office in the amount of $17,000 for violations of Sections 301 and 303(n) of the Act, and Sections 15.209 and 15.239 of the Rules. The amount was reduced to $2,000 by the Bureau's Forfeiture Order issued on May 13, 1998. DISCUSSION 6. Upon review of Mr. Bartholomew's petition for reconsideration, we find that he has offered no new facts or changed circumstances pertaining to the instant violations which have not previously been presented or addressed by the Bureau's Forfeiture Order. Mr. Bartholomew has therefore, failed to meet the requirements for grant of reconsideration. See 47 C.F.R.  1.106(c). Unlicensed broadcasting threatens the integrity of the regulatory structure established in the Communications Act to prevent chaos to the radio airwaves. The regulatory effectiveness of the Commission to carry out its statutory obligations to license radio stations, prevent chaos, and ensure public safety, would be impaired if the agency could not take meaningful action to stop unlicensed broadcasting. Accordingly, we will affirm the Forfeiture Order. Based on a review of the record before us and the factors outlined in Section 503(b) of the Act, Section 1.80 of the Rules 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. pending, we find that a forfeiture in the amount of $2,000 is appropriate. ORDERING CLAUSES 7. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.106 of the Rules, Frank J. Bartholomew's petition for reconsideration of the Forfeiture Order, NAL No. 815PA0002, issued to him on May 13, 1998, IS DENIED. 8. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Section 1.80 of the Rules, Frank J. Bartholomew must pay the amount of $2,000 within thirty (30) days of the release date of this Order. Payment may be made by check or money order, drawn on a U.S. financial institution, payable to the Federal Communications Commission. Payment may also be made by credit card with the appropriate documentation. The remittance should be marked NAL Acct. No. 815PA0002 and mailed to the following address: Federal Communications Commission P.O. Box 73482 Chicago, Illinois 60673-7482 Forfeiture penalties not paid within 30 days will be referred to the U.S. Attorney for recovery in a civil suit. 47 U.S.C.  504(a). 9. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return- receipt requested, to Frank J. Bartholomew. FEDERAL COMMUNICATIONS COMMISSION Richard D. Lee Chief, Compliance and Information Bureau