******************************************************** 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 re ) ) LEWIS B. ARNOLD ) CIB Docket No. 98-45 Chewelah, Washington ) NAL Acct. No. 915HF0001 ) Order to Show Cause Why a ) Cease and Desist Order Should Not Be Issued) CEASE AND DESIST ORDER AND FORFEITURE ORDER Adopted: December 9, 1998 Released: December 11, 1998 By the Commission: 1. This proceeding began when the Commission released its Order to Show Cause and Notice of Opportunity for Hearing, FCC 98-61, April 6, 1998, ("Show Cause Order"). Therein, we ordered Lewis B. Arnold ("Arnold") to show cause why a cease and desist order should not be issued with regard to his unauthorized operation of a radio station on 95.3 MHz in Chewelah, Washington. In addition, the Show Cause Order included a notice of opportunity for hearing pursuant to Section 1.80(g) of the Commission's Rules. 47 C.F.R.  1.80(g) That aspect of the hearing was to determine whether Arnold should be assessed a forfeiture for his apparent willful violation of Section 301 of the Communications Act of 1934, as amended ("Act"), 47 U.S.C.  301. 2. By Order, FCC 98M-56, released May 20, 1998, Administrative Law Judge Arthur I. Steinberg terminated the hearing proceeding because Arnold failed to file the requisite notice of appearance. Pursuant to Section 1.92 of the Commission's Rules, the Judge also certified the case to the Commission. 47 C.F.R.  1.92. 3. The Commission's records, as detailed in the Show Cause Order, indicate that Arnold has operated an unauthorized radio station on 95.3 MHz in Chewelah, Washington, since at least August 20, 1997. Notwithstanding both written and verbal warnings from agents of this Commission that his operations were illegal, Arnold has continued to transmit radio energy in violation of Section 301 of the Act of 1934. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 312(b) of the Act, 47 U.S.C.  312(b), Lewis B. Arnold IS ORDERED TO CEASE AND DESIST from violating Section 301 of the Act. 5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C.  503(b), Lewis B. Arnold FORFEIT to the United States of America the sum of eleven thousand dollars ($11,000) for willful violation of Section 301 of the Act. Payment of the forfeiture shall be made, in U.S. dollars, by check, credit card or money order payable to the Federal Communications Commission. The remittance should be marked "NAL Acct. No. 915HF0001" and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 6. IT IS FURTHER ORDERED that the Office of Public Affairs, Reference Operations Division of the Commission send a copy of this Cease and Desist Order and Forfeiture Order by Certified Mail - Return Receipt Requested to: Lewis B. Arnold N 103 4th Street East 2741 Flowery Trail Road Chewelah, Washington 99109 and to: Lewis B. Arnold The Independent P.O. Box 5 Chewelah, Washington 99109 7. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary