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



In the Matter of                 )
                                )       File Number: EB-04-TP-499
Russell A. Sims, Jr.             )      NAL/Acct. No. 200532700010
Brooksville, Florida             )                  FRN 0013798665         
                                )


                        FORFEITURE ORDER

Adopted:  October 17, 2005                                
Released:  October 19, 2005

By the  Regional  Director,  South  Central  Region,  Enforcement 
Bureau:

     1.   In this Forfeiture Order (``Order''), we issue a 
          monetary forfeiture in the amount of seventeen 
          thousand dollars ($17,000) to Russell A. Sims, Jr. for 
          willful violation of Sections 301 and 303(n) of the 
          Communications Act of 1934, as amended (``Act''),1 and 
          Section 95.426(a) (CB Rule 26)  of the Commission's 
          Rules (``Rules'').2  The noted violations involve Mr. 
          Sims' operation of a citizens band (``CB'') radio 
          station without Commission authorization and refusal 
          to make his CB radio station available for inspection.
 
     2.   On July 25, 2005, the District Director of the 
Commission's Tampa Field Office (``Tampa Office'') issued a 
Notice of Apparent Liability for Forfeiture (``NAL'') in the 
amount of $17,000 to Mr. Sims.3  Mr. Sims has not filed a 
response to the NAL.  Based on the information before us, we 
affirm the forfeiture.

     3.   ACCORDINGLY, IT IS ORDERED that, pursuant to Section 
503(b) of the Communications Act of 1934, as amended,4 and 
Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,5 
Russell A. Sims, Jr. IS LIABLE FOR A MONETARY FORFEITURE in the 
amount of $17,000 for operating a citizens band radio station 
without Commission authorization and refusing to make his station 
available for inspection in violation of Sections 301 and 303(n) 
of the Act and Section 95.426(a) of the Rules.

     4.   Payment of the forfeiture shall be made in the manner 
provided for in Section 1.80 of the Rules within 30 days of the 
release of this Order.  If the forfeiture is not paid within the 
period specified, the case may be referred to the Department of 
Justice for collection pursuant to Section 504(a) of the Act.6  
Payment of the forfeiture must be made by check or similar 
instrument, payable to the order of the Federal Communications 
Commission. The payment must include the NAL/Acct. No. and FRN 
No. referenced above. Payment bycheck or money order may be 
mailed to Federal Communications Commission, P.O. 
Box358340,Pittsburgh, PA 15251-8340. Payment by overnight mail 
may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.  Requests for full payment under an 
installment plan should be sent to: Associate Managing Director, 
Financial Operations, 445 12th Street, S.W., Room 1A625, 
Washington, D.C. 20554.7

     5.        IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class Mail and Certified Mail Return 
Receipt Requested to Russell A. Sims, Jr. at his address of 
record. 


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Dennis P. Carlton
                         Regional Director, South Central Region
                         Enforcement Bureau
_________________________

147 U.S.C.  301, 303(n).

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

3Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532700010 (Enf. Bur., Tampa Office, released July 25, 2005).

447 U.S.C.  503(b).

547 C.F.R.  0.111, 0.311, 1.80(f)(4).

647 U.S.C.  504(a).

7See 47 C.F.R.  1.1914.