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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-01-NY-
493
)
Rev. Dr. Philius Nicholas ) NAL/Acct. No.
200232380001
)
Brooklyn, New York ) FRN 0006-
0775-23
FORFEITURE ORDER
Adopted: May 31, 2002 Released: June 5,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand dollars
($10,000) to Rev. Dr. Philius Nicholas (``Rev. Dr. Nicholas'')
for willful violation of Section 301 of the Communications Act of
1934, as amended (``Act'').1 The noted violation involves Rev.
Dr. Nicholas's operation of a radio transmitter on frequency 88.1
MHz without a license.
2. On January 10, 2002, the District Director of the
Commission's New York Field Office issued a Notice of Apparent
Liability for Forfeiture (``NAL'')2 in the amount of $10,000 to
Rev. Dr. Nicholas. Rev. Dr. Nicholas has not filed a response to
the NAL. Based on the information before us, we affirm the
forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Commission's Rules ("Rules"),4 Rev. Dr. Philius Nicholas IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for
willfully violating Section 301 of the Act.
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, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200232380001, and FRN 0006-0775-23. 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 this Order shall be sent by
regular mail and by certified mail, return receipt requested, to
Rev. Dr. Philius Nicholas, 1488 New York Avenue, Brooklyn, New
York 11210.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232380001 (Enf. Bur., New York Field Office, released January
10, 2002).
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.