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

In re                           )
                                )
MARK A. RABENOLD                )       CIB Docket No. 98-47     
Oroville, Washington            )       NAL Acct. No. 915HF0003
                                    )                                    
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 98-63, April 6, 1998, ("OSC").  Therein, we ordered Mark A. Rabenold
("Rabenold") to show cause why a Cease and Desist Order should not be issued with regard to his
unauthorized operation of a radio station on 105.1 MHz in Oroville, Washington.  In addition, the OSC
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 Rabenold 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-64, released June 1, 1998, Administrative Law Judge John M. Frysiak
terminated the hearing proceeding because Rabenold failed to file a notice of appearance consistent with
Section 1.91(c) of the Commission's Rules, 47 C.F.R.  1.91(c).  Rabenold had mailed a document entitled
"COMMERCIAL AFFIDAVIT," dated April 15, 1998, to the Chief, Compliance and Information Bureau. 
However, this document only challenged the jurisdiction of the United States government with respect to
this matter and did not state or imply an intent, as required by Section 1.91(c), to "appear at the hearing and
present evidence on the matters specified in the [OSC]."  Pursuant to Section 1.92(c) of the Commission's
Rules, the Judge certified the case to the Commission.  47 C.F.R.  1.92(c).   

     3.   The Commission's records, as detailed in the OSC, indicate that Rabenold has operated an
unauthorized radio station on 105.1 MHz in Oroville, Washington, since at least August 21, 1997. 
Notwithstanding both written and oral warnings from agents of this Commission that his operations were
illegal, Rabenold has continued to broadcast in violation of Section 301 of the Act.  Rabenold has not availed
himself of the opportunity for a hearing on this matter, or otherwise demonstrated a reason why the sanctions
proposed in the OSC should not be adopted.  Moreover, he has not sought appeal of the Order.


     4.   ACCORDINGLY, IT IS ORDERED that, pursuant to Section 312(b) of the Act, 47 U.S.C.
 312(b), Mark A. Rabenold IS ORDERED TO CEASE AND DESIST from violating Section 301 of the
Act, 47 U.S.C.  301.

     5.    IT IS FURTHER ORDERED that, pursuant to Section 503(b), 47 U.S.C.  503(b) of the
Act, Mark A. Rabenold FORFEIT to the United States of America the sum of eleven thousand dollars
($11,000) for willful violations of Section 301 of the Act.  47 U.S.C.  301.  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. 915HF0003" 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:

                         Mark A. Rabenold
                         960 Swanson Mill Road
                         Tonasket, Washington 98855
     
     7.    IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Magalie Roman Salas
                         Secretary