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 Federal  Communications  Commission  DA  01-  909 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 
 In  the  Matter  of  ) 
 ) 
 Richard  E.  LaPierre  )  File  Number  EB-  00-  BS-  212 
 Seabrook,  New  Hampshire  )  NAL/  Acct.  No.  X32260001 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  April  10,  2001  Released:  April  12,  2001 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  affirm  a  monetary 
 forfeiture  in  the  amount  of  four  thousand  dollars  ($  4,000)  that  we  issued  to  Richard  E.  LaPierre  1 
 for  willfully  and  repeatedly  violating  Section  1.89(  b)  of  the  Commission’s  Rules  (“  Rules”).  2  The 
 noted  violations  involve  Mr.  LaPierre’s  failure  to  respond  to  four  written  Commission  inquiries 
 regarding  his  marine  radio  station. 


 2.  Mr.  LaPierre  submitted  U.  S.  and  New  Hampshire  Individual  and  Sole 
 Proprietorship  tax  returns  to  support  his  contention  that  the  $4,000  forfeiture  would  cause  “unfair 
 hardship”  to  his  family.  Mr.  LaPierre’s  combined  gross  income  and  gross  sales  amounted  to 
 $178,947  in  1999  and  $179,048  in  1998.  After  reviewing  his  financial  documentation,  we  find 
 that  the  $4,000  forfeiture  is  reasonable  given  his  gross  income  and  gross  sales.  3 


 3.  Accordingly,  IT  IS  ORDERED  THAT,  payment  of  the  forfeiture  shall  be  made 
 in  the  manner  provided  for  in  Section  1.80  of  the  Rules,  4  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  Communications  Act  of 
 1934,  as  amended.  5  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  note  the 
 NAL/  Acct.  No.  X32260001  referenced  above.  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.  6 


 1  Richard  E.  LaPierre,  15  FCC  Rcd  23525  (Enf.  Bur.  2000). 
 2  47  C.  F.  R.  §  1.  89(  b). 
 3  See  PJB  Communications,  7  FCC  Rcd  2088  (1992). 
 4  47  C.  F.  R.  §  1.  80. 
 5  47  U.  S.  C.  §  504(  a). 
 6  See  47  C.  F.  R.  §  1.1914. 
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 Federal  Communications  Commission  DA  01-  909 
 2 
 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by 
 Certified  Mail  Return  Receipt  Requested  to  Richard  E.  LaPierre,  6  Zagarella  Circle,  Seabrook, 
 New  Hampshire  03874. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 
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