Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).

*****************************************************************



                              Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554



In the Matter of                        )    
                              )    
Kornwell Chan                                               )    
File No.  EB-99-PA-095
                                                                              
)    
Licensee of Amateur Radio Station W3CI  )    NAL/Acct.        No. 
915PA0008
Dresher, Pennsylvania 19025                               )                                                                              
               

                   MEMORANDUM OPINION AND ORDER


Adopted:  August 2, 2001                Released:  August 6, 2001

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  cancel  the  proposed monetary  forfeiture  in  the  amount  of 
  $7,500  issued to  Kornwell  Chan, licensee  of  amateur  radio 
  station W3CI,  for apparent violations  of Sections  97.101(a), 
  97.101(d),  97.113(a)(4)  and  97.119(a)  of  the  Commission's 
  Rules (``Rules'').1  The  noted violations involved failure  to 
  operate  an  amateur radio  station  in  accordance  with  good 
  amateur  practice,  willful  and  malicious  interference  with 
  radio  communications,  transmitting  music  on  amateur  radio 
  frequencies,  and transmitting  unidentified communications  or 
  signals.

2.        On  March  10,  1999,  the  Commission's  Philadelphia, 
  Pennsylvania  Field   Office  issued  a   Notice  of   Apparent 
  Liability for Forfeiture  (``NAL'') in the amount of $7,500  to 
  Mr. Chan for the noted violations.2  On September 1, 2000,  Mr. 
  Chan  submitted  his amateur  license  to  the  Commission  and 
  agreed not  to operate his amateur  station until September  1, 
  2003.   He has  not operated  his amateur  radio station  since 
  turning in  the license.  In addition,  Mr. Chan has  submitted 
  financial  data demonstrating  that he  is  unable to  pay  the 
  proposed   forfeiture.     Accordingly,   we   conclude    that 
  cancellation of the proposed $7,500 forfeiture is warranted.  

3.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.311 and  1.80(f)(4) of the Rules,3  the forfeiture  in 
  the  amount of  seven thousand  five hundred  dollars  ($7,500) 
  proposed in the March  10, 1999 NAL issued to Kornwell Chan  IS 
  CANCELLED.
4.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by Certified Mail Return Receipt Requested to  Kornwell 
  Chan, 1919 Audubon Drive, Dresher, Pennsylvania 19025.

      
                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

  1  47  C.F.R.   §§  97.101(a),   97.101(d),  97.113(a)(4)   and 
97.119(a).

  2  Notice  of  Apparent  Liability,  NAL/Acct.  No.   915PA0008 
(released March 10, 1999).

  3  47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4).