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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
Columbus, Mississippi 39705
Adopted: July 7, 2005 Released: July
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
1. This Consent Decree is entered into by the
Enforcement Bureau of the Federal Communications
Commission and Kermit L. Dilworth, Jr.
2. For the purposes of this Consent Decree, the
following definitions shall apply:
a) ``Mr. Dilworth'' refers to Kermit L.
b) ``Bureau'' means the Enforcement Bureau of
the Federal Communications Commission;
c) ``Parties'' means the Bureau and Mr.
d) ``Commission'' or ``FCC'' means the Federal
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
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
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.
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.
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
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
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
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
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
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith, Acting Chief Date
Kermit L. Dilworth Jr. Date
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,
3See 47 U.S.C. § 303(n).
447 U.S.C. § 154(i).
547 C.F.R. §§ 0.111, 0.311.