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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-01-ST-040
Alan-Leonard Brockway )
) NAL/Acct. No. 200132980001
Kalispell, Montana )
MEMORANDUM OPINION AND ORDER
Adopted: July 3, 2001 Released: July 6, 2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
deny the petition of Alan-Leonard Brockway (``Brockway'') for
reconsideration1 of the Forfeiture Order released in this
proceeding on May 23, 2001.2 Brockway's petition contains
nothing that is relevant to the issues in this proceeding, and
we find no basis for reconsidering the Forfeiture Order.
2. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
405 of the Communications Act of 1934, as amended (``Act''),3 and
Section 1.106 of the Rules, Alan-Leonard Brockway's petition for
reconsideration of the May 23, 2001, Forfeiture Order IS DENIED.
3. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules4 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.5
Payment may be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
``NAL/Acct. No. 200132980001,'' referenced above. Requests for
full payment under an installment plan should be sent to:
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.6
4. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail -- Return Receipt Requested -- to Alan-
Leonard Brockway at 5663 Highway 35, Kalispell, Montana 59901,
and at 6477 Hwy. 93 South, #223, Whitefish, Montana 59937.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 In response to the Forfeiture Order released on May 23,
2001, Brockway filed a document entitled ``Judicial Notice
demanded: Notice of estoppel to proceed for want of subject
matter jurisdiction in rem and in personam, in chancery.'' We
are construing this document to be a petition for reconsideration
pursuant to Section 1.106 of the Commission's Rules (``Rules''),
47 C.F.R. § 1.106.
2 Alan-Leonard Brockway, DA 01-1263 (Enf. Bur., released
May 23, 2001, imposing a forfeiture of $17,000 for willful and
repeated violation of Section 301 of the Act and willful
violation of Section 303(n) of the Act ).
3 47 U.S.C. § 405.
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.