Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )        File Number EB-03-OR-013
Kermit L. Dilworth, Jr.           )
                                 )                   NAL/Acct. No. 
                                 )
Owner of Citizens Band radio      )                    200532620001
station
Columbus, Mississippi 39705                                                      
                                      FRN 0012329348



                            ORDER

Adopted:  July 7, 2005                       Released:  July 
11, 2005  

By the Acting Chief, Enforcement Bureau:

      1.  The Enforcement Bureau (the ``Bureau'') has been 
 investigating whether Kermit L. Dilworth, Jr. has violated 
 Section 95.426(a) of the Commission's Rules,1 by refusing 
 to make his Citizen's Band (``CB'') radio station 
 available for inspection,2 pursuant to Section 303(n) of 
 the Communications Act of 1934, as amended (``Act'').3  

      2.  The Bureau and Mr. Dilworth have negotiated the 
 terms of the Consent Decree, a copy of which is attached 
 hereto and incorporated by reference.

      3.  After reviewing the terms of the Consent Decree 
 and evaluating the facts before us, we find that the 
 public interest would be served by approving the Consent 
 Decree and terminating the investigation.  

      4.  ACCORDINGLY, IT IS ORDERED that, pursuant to 
 section 4(i) of the Communications Act of 1934, as 
 amended,4 and the authority delegated by sections 0.111 
 and 0.311 of the Commission's Rules,5 the attached Consent 
 Decree IS ADOPTED.

      5.  IT IS FURTHER ORDERED that the forfeiture 
 proceeding against Kermit L. Dilworth, Jr. IS TERMINATED.

      6.  IT IS FURTHER ORDERED that copies of this Order 
 shall be sent by regular first class mail and certified 
 mail - return receipt requested, to Kermit L. Dilworth at 
 his address of record.

                         
                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Kris Anne Monteith
                         Acting Chief, Enforcement Bureau                         CONSENT DECREE

 I.       Introduction

     1.   This Consent Decree is entered into by the 
 Enforcement Bureau of the Federal Communications 
 Commission and Kermit L. Dilworth, Jr.

 II. Definitions

     2.   For the purposes of this Consent Decree, the 
          following definitions shall apply:

         a)    ``Mr. Dilworth'' refers to Kermit L. 
           Dilworth, Jr.;

         b)    ``Bureau'' means the Enforcement Bureau of 
           the Federal Communications Commission;

         c)    ``Parties'' means the Bureau and Mr. 
           Dilworth;

         d)    ``Commission'' or ``FCC'' means the Federal 
           Communications Commission; 

         e)    ``Station'' means Mr. Dilworth's Citizens 
           Band radio station located at his address of 
           record in Columbus, Mississippi;

         f)      ``Act'' means the Communications Act of 
           1934, as amended, 47 U.S.C.  151 et seq.;

         g)    ``Rules'' means the Commission's regulations 
           set forth in Title 47 of the Code of Federal 
           Regulations;

         h)    ``Complaints'' mean third-party complaints 
           received by, or in the possession of, the Bureau 
           as of February 5, 2003 regarding Mr. Dilworth's 
           operation of the Station;

         i)      ``Investigation'' means the investigation 
           of the Station and the allegations contained in 
           the Complaints, which resulted in the issuance 
           of a Notice of Apparent Liability, NAL Account 
           Number 200532620001;

         j)     ``Order'' means an order of the Enforcement 
           Bureau adopting this          Consent Decree;

         k)    ``Final Order'' means the status of the Order 
           after the period for  administrative and 
           judicial review has lapsed; 

         l)     ``Effective Date'' means the date on which 
           the Bureau releases the Order; and

         m)    ``New Orleans Field Office'' means the 
           Bureau's office located at 2424 Edenborn Ave. 
           Suite 460, Metairie, LA 70001.

 III.     Background

     3.   The Bureau received the Complaints alleging that 
Mr. Dilworth's Station was causing widespread interference 
to neighbors' home electronic equipment.  Typically, such 
widespread interference indicates the use of unauthorized 
equipment or excessive power.  The Bureau thereafter 
commenced the Investigation to inspect the Station and 
determine whether Mr. Dilworth's operation of the station 
was in accordance with the Rules.  Subsequent to our 
investigation, Bureau agents requested Mr. Dilworth's 
permission to inspect the Station.  Mr. Dilworth refused to 
allow Bureau agents to inspect the Station, which resulted 
in the issuance of a Notice of Apparent Liability, NAL 
Account Number 200532620001.  

     4.   Mr. Dilworth has committed to complete the 
remedial measures and other undertakings contemplated by 
this Consent Decree.  

IV.  Agreement

     5.   Mr. Dilworth and the Bureau agree to be legally 
bound by the terms and conditions of this Consent Decree.  
The Bureau represents and warrants that its signatory is 
duly authorized to enter into this Consent Decree on its 
behalf.  Mr. Dilworth agrees that the Bureau has 
jurisdiction over the matters contained in this Consent 
Decree.

     6.   The Parties agree that the provisions of this 
Consent Decree shall be subject to final approval by the 
Bureau by incorporation of such provisions by reference in 
an Order.  

     7.   The Parties agree that this Consent Decree shall 
become effective on the Effective Date.  Upon the Effective 
Date, the Order and this Consent Decree shall have the same 
force and effect as any other order of the Commission and 
any violation of the terms of this Consent Decree shall 
constitute a separate violation of a Commission order, 
entitling the Commission to exercise any rights and remedies 
attendant to the enforcement of a Commission order.

     8.   As part of the Order, the Bureau shall terminate 
the Investigation.  From and after the Effective Date, the 
Bureau shall not, either on its own motion or in response to 
third-party objection, initiate any inquiries, 
investigations, forfeiture proceedings, hearings, or other 
sanctions or actions against Mr. Dilworth, based in whole or 
in part on (i) the Investigation or (ii) the Complaints.  
The Bureau agrees that, in the absence of material new 
evidence, it will not, on its own motion, initiate or 
recommend to the Commission, any new proceeding, formal or 
informal, regarding the matters discussed in paragraph 3, 
above, with regard to operation prior to the Effective Date.  
Nothing in this Consent Decree shall prevent the Bureau from 
instituting, or recommending to the Commission, new 
investigations or enforcement proceedings against Mr. 
Dilworth, in the event of any alleged future misconduct for 
violation of this Consent Decree or for violation of the Act 
or the Commission's Rules, consistent with the provisions of 
this Consent Decree.

     9.   Mr. Dilworth admits, solely for the purpose of 
this Consent Decree and for Commission civil enforcement 
purposes, and in express reliance on the provisions of 
paragraph 8 hereof, that his refusal to allow Bureau agents 
to inspect the Station was in violation of the Rules.  
Notwithstanding any other provision of this Consent Decree, 
it is expressly agreed and understood that if this Consent 
Decree is breached by the Bureau, or is invalidated or 
modified to Mr. Dilworth's prejudice by the Commission or by 
any court, then the provisions of the immediately-preceding 
sentence shall be of no force or effect whatever, and Mr. 
Dilworth shall not, by virtue of that sentence or any other 
provision of this Consent Decree, be deemed to have made any 
admission concerning any Rule violations.

     10.  The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between 
them concerning the Bureau's Investigation of the matters 
discussed in paragraph 3, above. 

     11.  In consideration of the Bureau's termination of 
its Investigation into these matters, Mr. Dilworth agrees 
to, within thirty (30) days of the Effective Date:

   a.     Dismantle and remove the antenna for the Station 
      from his address of record in Columbus, Mississippi; 

   b.     Provide evidence that demonstrates that the 
      antenna has been dismantled to the New Orleans Field 
      Office of the Bureau.  Such evidence may be a 
      photograph, a copy of a work order, or a statement 
      from local law enforcement;

   c.     Remove the Station transmitter and any ancillary 
      amplifiers used at the Station from his address of 
      record in Columbus, Mississippi.  He may ship the 
      equipment to the New Orleans Field Office of the 
      Bureau.  Alternatively, he may provide evidence to the 
      New Orleans Field Office of the Bureau that the 
      Station transmitter and any ancillary amplifiers have 
      been destroyed.  Such evidence may be a photograph of 
      the destroyed equipment or a statement from local law 
      enforcement that the equipment was destroyed; and

   d.     Cease operation of the Station from his address of 
      record in Columbus, Mississippi and not operate a 
      Citizens Band radio station from his home for five 
      years from the Effective Date. 

     12.  Mr. Dilworth will make a voluntary contribution to 
the United States Treasury in the amount of Five Hundred 
Dollars ($500), payable in installments in accordance with 
the schedule set forth on Table I, attached, which is 
incorporated herein and forms a part of this Consent Decree.  
Mr. Dilworth will make each installment of this contribution 
on a timely basis without further protest or recourse, by 
check or similar instrument, payable to the order of the 
Federal Communications Commission.  The payment must include 
the Acct. No. and FRN referenced above.  Payment by check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight 
mail may be sent to Bank One/LB 73482, 525 West Monroe, 8th 
Floor Mailroom, Chicago, Illinois 60661.  Payment by wire 
transfer may be made to ABA Number 071000013, receiving bank 
Bank One, and account number 1165259. 

     13.  Mr. Dilworth agrees that he is required to comply 
with each individual condition of this Consent Decree.  Each 
specific condition is a separate condition of the Consent 
Decree as approved.  To the extent that Mr. Dilworth fails 
to satisfy any condition, in the absence of Commission 
alteration of the condition, he will be deemed noncompliant 
and may be subject to possible enforcement action, 
including, but not limited to, letters of admonishment, or 
forfeitures.

     14.  Mr. Dilworth waives any and all rights he may have 
to seek administrative or judicial reconsideration, review, 
appeal or stay, or to otherwise challenge or contest the 
validity of this Consent Decree and the Order, provided the 
Order adopts the Consent Decree without change, addition or 
modification.

     15.  Mr. Dilworth agrees to waive any claims he may 
otherwise have under the Equal Access to Justice Act, 5 
U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to the 
matters discussed in this Consent Decree.

     16.  If any Party (or the United States on behalf of 
the FCC) brings a judicial action to enforce the terms of 
the Order, neither Mr. Dilworth nor the FCC shall contest 
the continuing validity of the Consent Decree or Order.  Mr. 
Dilworth and the Commission further agree that they will 
waive any statutory right to a trial de novo with respect to 
any matter upon which the Order is based (provided in each 
case that the Order is limited to adopting the Consent 
Decree without change, addition, or modification), and that 
they will consent to a judgment incorporating the terms of 
this Consent Decree.  

     17.  In the event that this Consent Decree is rendered 
invalid by any court of competent jurisdiction, this Consent 
Decree shall become null and void and may not be used in any 
manner in any legal proceeding.

     18.  This Consent Decree may be signed in counterparts 
and/or by telecopy and, when so executed, the counterparts, 
taken together, will constitute a legally binding and 
enforceable instrument whether executed by telecopy or by 
original signatures.


ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION        

________________________________             _______________
Kris Anne Monteith, Acting Chief                       Date



___________________________________                      
_______________
Kermit L. Dilworth Jr.                            Date


                           Table I

                      Payment Schedule


               Date                   Amount
      April 15, 2005           $60
      May 15, 2005             $40
      June 15, 2005            $40
      July 15, 2005            $40
      August 15, 2005          $40
      September 15, 2005       $40
      October 15, 2005         $40
      November 15, 2005        $40
      December 15, 2005        $40
      January 15, 2006         $40
      February 15, 2006        $40
      March 15, 2006           $40


_________________________

147 C.F.R.  95.426(a). 

2See Notice of Apparent  Liability for Forfeiture, NAL/Acct. 
No. 200532620001 (Enf. Bur., New Orleans Office, January 10, 
2005) (``NAL''). 

3See 47 U.S.C.  303(n). 

447 U.S.C.  154(i).

547 C.F.R.  0.111, 0.311.