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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mr. Jerry Smith ) File No. EB-00-PA-414
)
125 Commonwealth Ave. ) NAL/Acct. No. 200132400001
Claymont, Delaware )
FORFEITURE ORDER
Adopted: April 18, 2001 Released: April 20, 2001
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of thirteen thousand five
hundred dollars ($13,500) to Jerry Smith for willful and
repeated violations of Sections 95.409(a), 95.410(a) and
95.411(a)(1) of the Commission's Rules (``Rules'').1 The
noted violations involve Mr. Smith's operation of a Citizens
Band (``CB'') Radio Station with a non-type-accepted
transmitter, with a transmitter output power greater than four
watts carrier power in the AM (A3) mode, and with an external
RF power amplifier.
2. On January 8, 2001, the Commission's Philadelphia,
Pennsylvania Field Office issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of thirteen
thousand five hundred dollars ($13,500) to Mr. Smith for the
noted violations.2 Mr. Smith has not filed a response. Based
on the information before us, we affirm this forfeiture.
3. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended
(``Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,4 Jerry Smith IS LIABLE FOR A MONETARY FORFEITURE in the
amount of thirteen thousand dollars ($13,500) for operating a
CB Radio Station with a non-type-accepted transmitter, with a
transmitter output power greater than four watts carrier power
in the AM (A3) mode, and with an external RF power amplifier,
in willful and repeated violation of Sections 95.409(a),
95.410(a) and 95.411(a)(1) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 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 shall be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Federal Communications
Commission, Forfeiture Collection Section, Finance Branch,
P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note the NAL/Acct. No. referenced above. Requests for
full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail, Return Receipt Requested, to Jerry
Smith, 125 Commonwealth Avenue, Claymont, DE 19703.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 95.409(a), 95.410(a) and 95.411(a)(1).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200132400001 (Enf. Bur., Philadelphia Office, released January 8,
2001).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.