[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18773-18774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8844]


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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 01-61; FCC 01-74]


Amateur Radio Station and General Class Operator License KC4HAZ 
and General Mobile Radio Service Station KAE1170

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document by the Commission has taken the following 
actions: ordered a hearing to determine whether the station licenses 
held by Leslie D. Brewer for Amateur Radio Station and General Class 
Operator License KC4HAZ and General Mobile Radio Service Station 
KAE1170, Tampa, Florida, should be revoked; suspended Leslie D. 
Brewer's Amateur radio operator's license; and issued a notice of 
apparent liability for a forfeiture in the amount of $11,000 for Leslie 
D. Brewer's apparent willful and/or repeated operation of unlicensed FM 
radio facilities in Tampa, Florida. The Commission has determined that 
serious questions exist as to whether Leslie D. Brewer has willfully 
and repeatedly violated the Communications Act of 1934, as amended, and 
the Commission's rules, and the effect thereof on his basic 
qualifications to be and remain a Commission licensee.

ADDRESSES: Federal Communications Commission, Enforcement Bureau, 445 
12th Street, SW., Washington, DC. 20554.

FOR FURTHER INFORMATION CONTACT: Roy Boyce or Dana Leavitt, Enforcement 
Bureau, Investigations and Hearings Division (202) 418-1420.

SUPPLEMENTARY INFORMATION: This is a summary of an Order to Show Cause, 
Notice of Order of Suspension, Notice of Opportunity for Hearing, and 
Notice of Apparent Liability for a Forfeiture (``Order'') in EB Docket 
No. 01-61, adopted by the Commission on February 22, 2001, and released 
on March 5, 2001. The complete text of this Order is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Courtyard Level, 445 12th Street, SW., 
Washington, DC, and also may be purchased from the Commission's copy 
contractor, International Transcription Services, Inc., at 202-857-
3800, CY-B400, 445 12th Street, SW., Washington, DC.

Summary of Order To Show Cause, Notice of Order of Suspension, 
Notice of Opportunity for Hearing, and Notice of Apparent Liability 
for a Forfeiture

    1. The Commission has commenced a hearing proceeding to determine 
whether Leslie D. Brewer (``Brewer''), licensee of Amateur radio 
station and General Class Operator License KC4HAZ and General Mobile 
Radio Station KAE1170, Tampa, Florida, is qualified to be or remain a 
Commission licensee. The record before the Commission indicates that 
Brewer has apparently willfully and/or repeatedly engaged in unlawful 
Commission-related activities, including the operation of unlicensed 
(i.e., ``pirate'') FM radio broadcast facilities in the Tampa, Florida 
area and the marketing of unauthorized FM broadcast transmitting 
equipment. Pursuant to sections 312(a)(2), 312(a)(4), and 312(c) of the 
Communications Act of 1934, as amended (``the Act''), Leslie D. Brewer 
is ordered to show cause why the station licenses for Stations KC4HAZ 
and KAE1170 should not be revoked, at a hearing proceeding before an 
Administrative Law Judge at a time and place to be specified in a 
subsequent Order, upon the following issues:
    (a) To determine whether Leslie D. Brewer willfully and/or 
repeatedly violated section 301 of the Act by operating unlicensed 
broadcast facilities in 1996, 1997, 1999, and/or 2000, and, if so, the 
effect thereof on his basic qualifications to be and remain a 
Commission licensee.
    (b) To determine whether Leslie D. Brewer willfully and/or 
repeatedly violated section 301 of the Act by operating an unlicensed 
Studio-to-Transmitter Link in 1999 and/or 2000, and, if so, the effect 
thereof on his basic qualifications to be and remain a Commission 
licensee.
    (c) To determine whether Leslie D. Brewer willfully and/or 
repeatedly violated Secs. 2.803(a)(1) and/or 15.201(b) of the 
Commission's rules by marketing and/or selling an unauthorized radio 
frequency device or devices and, if so, the effect thereof on his basic 
qualifications to be and remain a Commission licensee.
    (d) To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether Leslie D. Brewer is qualified to be and 
remain a Commission licensee.
    (e) To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether the licenses for KC4HAZ and KAE1170 should be 
revoked.
    2. The Commission also ordered that it be determined, pursuant to 
section 503, whether an Order of Forfeiture in an amount not to exceed 
$11,000 should be issued against Leslie D. Brewer for willfully and/or 
repeatedly violating section 301 of the Act on March 11, 2000.
    3. Furthermore, the Commission ordered that, pursuant to section 
303(m)(1)(A) of the Act and Sec. 1.85 of the Commission's rules, Leslie 
D. Brewer's Amateur radio operator license is suspended for the 
duration of its term. The suspension shall take effect 15 calendar days 
after receipt by Brewer of the Order, unless, within such time, Brewer 
requests in writing a hearing on the matter of the suspension, in which 
instance, the suspension of operator license KC4HAZ shall be held in 
abeyance pending conclusion of the hearing. If Leslie D. Brewer timely 
requests in writing a hearing on the matter of suspension of his 
Amateur radio operator license, such hearing will be held in a 
consolidated proceeding to determine the issues in 1(a) through (d) 
above, and to determine whether Amateur radio operator license

[[Page 18774]]

KC4HAZ should be suspended for the remainder of its term.
    4. The Commission ordered that, to avail himself of the opportunity 
to be heard and the right to present evidence at a hearing in these 
proceedings, Leslie D. Brewer, in person or by his attorney, shall file 
within 15 calendar days after receipt of the Order to Show Cause and 
Notice of Opportunity for Hearing, a written appearance stating that he 
will appear at the hearing and present evidence on matters specified in 
the Order. If Brewer fails to file a timely written notice of 
appearance, his right to a hearing on the matter of his Amateur radio 
station and GMRS licenses shall be deemed to be waived and the 
proceeding thereafter shall be conducted in accordance with Sec. 1.92 
of the Commission's rules

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-8844 Filed 4-10-01; 8:45 am]
BILLING CODE 6712-01-U