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 Federal  Communications  Commission  DA  04-  1272 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 William  L.  Needham  and  Lucille  Needham  Owners  of  Antenna  Structure  No.  1064409 
 Osage  Beach,  Missouri 


 )  ) 
 )  ) 
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 File  No.  EB-  02-  KC-  198  NAL/  Acct.  No.  200232560008 
 FRN:  0007-  1278-  06 


 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. 


 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). 
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 Federal  Communications  Commission  DA  04-  1272 
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 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 
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