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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No. EB-03-DT-120
Paladen Communications, Inc. )
NAL/Acct. No. 200432360003
a/k/a CB Shop )
North Jackson, Ohio )
MEMORANDUM OPINION AND ORDER
Adopted: August 23, 2006 Released: August 25, 2006
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order, we dismiss as untimely a
November 26, 2004 Petition for Reconsideration filed by Paladen
Communications, Inc., a/k/a CB Shop ("Paladen") of the Enforcement
Bureau's ("Bureau") Forfeiture Order, released October 21, 2004,
assessing a forfeiture in the amount of seven thousand dollars
($7,000) for willful and repeated violation of Section 302(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 2.815(b)
and 2.815(c) of the Commission's Rules ("Rules"). The noted violations
involve Paladen's illegal marketing of external radio frequency power
amplifiers ("linear amplifiers") capable of operating in the Citizens
Band ("CB") Radio Service.
2. Field agents from the Commission's Detroit, Michigan, Field Office
("Detroit Office") conducted an investigation on July 24, 2003, and
found that Paladen was offering for sale in violation of the
Commission's marketing Rules an unauthorized CB linear amplifier. On
October 31, 2003, the District Director of the Detroit Office issued a
Citation to Paladen specifying violations of Section 302(b) of the Act
and Sections 2.815(b) and 2.815(c) of the Rules for Paladen's illegal
marketing of the unauthorized CB linear amplifiers, explaining the
possible penalties for subsequent rule violations (including monetary
forfeitures) and directing Paladen to discontinue such sales
immediately. Thereafter, the Detroit Office determined that Paladen
continued to illegally market unauthorized CB linear amplifiers and on
May 27, 2004, issued a Notice of Apparent Liability for Forfeiture
("NAL") to Paladen, proposing a forfeiture in the amount of seven
thousand dollars ($7,000) for apparent willful and repeated violations
of Section 302(b) of the Act and Sections 2.815(b) and 2.815(c) of the
Rules. Subsequently, the Bureau released the Forfeiture Order
referenced above, finding Paladen liable for the subject forfeiture
and the subject violations to be willful and repeated. Paladen filed a
Petition for Reconsideration of the Forfeiture Order, claiming -
without submitting substantiating documents - an inability to pay the
3. Section 405(a) of the Act and Section 1.106(f) of the Rules provide
that a Petition for Reconsideration must be filed within thirty days
from the date of public notice of the final action. In this case,
public notice of the Forfeiture Order occurred upon its release,
October 21, 2004. The thirtieth day after October 21, 2004, was
November 20, 2004 (a Saturday). When the computation of the filing
date indicates that a document is due to be filed on a Saturday, the
document is due on the next business day. Thus, to have been timely,
Paladen's request for reconsideration had to be filed with the
Commission no later than the following Monday, November 22. Paladen's
submission was filed on Friday, November 26, 2004. Paladen, therefore,
did not timely file the Petition for Reconsideration. Accordingly, we
are unable to consider Paladen's Petition for Reconsideration and it
is dismissed as untimely.
IV. ORDERING CLAUSES
4. Accordingly, IT IS ORDERED that, pursuant to Section 405(a) of the Act
and Section 1.106(f) of the Rules, the Petition for Reconsideration
filed by Paladen Communications, Inc., a/k/a CB Shop, IS DISMISSED as
5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Paladen
Communications, Inc., a/k/a CB Shop, IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $7,000 for willfully and repeatedly
violating Section 302(b) of the Act and Sections 2.815(b) and 2.815(c)
of the Rules.
6. 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. Payment of the forfeiture must be made
by check, money order 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 by check or money
order may be mailed to the Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account
number 911-6106. 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. IT IS FURTHER ORDERED that copies of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Paladen
Communication Inc., 12274 Mahoning Ave., North Jackson, Ohio 44451 and
to CB Shop, 1 Petro Place, Suite 8, Girard, Ohio, 44420.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
Paladen Communications, Inc., 19 FCC Rcd 20865 (Enf. Bur. 2004)
47 U.S.C. S 302a(b).
47 C.F.R. SS 2.815(b) and (c).
Palomar Delux Modulator DX-55V.
Citation, Citation No. C20043236002 (Enf. Bur. Detroit Office, rel. Oct.
Notice of Apparent Liability, NAL/Acct. No. 200432360003 (Enf. Bur.,
Detroit Office, rel. May 27, 2004)("NAL").
47 U.S.C. S 405(a).
47 C.F.R. S 1.106(f).
47 C.F.R. S 1.4(j) provides that when the calculated filing date falls on
a "holiday," the document is due to be filed on the next business day. 47
C.F.R. S 1.4(e)(2) defines the term "holiday" as "Saturday, Sunday,
officially recognized Federal legal holidays and any other day on which
the Commission's offices are closed and not reopened before 5:30 p.m."
The Petition for Reconsideration was received at the Commission on
November 26, 2004. Documents are considered to be filed on the date of
receipt at the location designated by the Commission. 47 C.F.R. S 1.7.
See Reuters Ltd. v. FCC, 781 F. 2d 946, 951 (D.C. Cir. 1986); National
Black Media Coalition v. FCC, 760 F. 2d 1297, 1299-1300 (D.C. Cir. 1985)
(Court of Appeals has no jurisdiction to consider an appeal from an FCC
decision filed more than 30 days after the date of public notice,
distinguishing Gardner v. FCC, 530 F. 2d 1086 (D.C. Cir. 1976); Washington
Broadcast Management Co., Inc. 15 FCC Rcd 6607 (2000); Panola Broadcasting
Co., 68 FCC2d 533 (1978); and Bay Broadcasting Corporation, 15 FCC Rcd
23449 (Enf. Bur. 2000); and Media Broadcasting Corporation, 19 FCC Rcd
1028 (Enf. Bur. 2004).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 06-1670
Federal Communications Commission DA 06-1670