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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-02-KC-807
Scott E. Kamm ) NAL/Acct. No.
200332560008
Licensee of Amateur Station NOUGN ) FRN 0006-5376-58
)
Sioux City, Iowa )
FORFEITURE ORDER
Adopted: May 5, 2003 Released:
May 7, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twelve thousand
dollars ($12,000) to Scott E. Kamm, licensee of
amateur radio station NOUGN, for willful and repeated
violations of Sections 97.101(d), 97.113(a)(4) and
97.119(a) of the Commission's Rules (``Rules'').1 The
noted violations involve Mr. Kamm's intentional
interference to communications on Amateur Radio
Service frequency 146.31 MHz, transmission of music on
his amateur station, and failure to identify his
amateur station by call sign.
2. On January 24, 2003, 2002, the District Director of the
Commission's Kansas City, Missouri Field Office (``Kansas City
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $12,000 to Mr. Kamm.2 Mr. Kamm 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 Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules (``Rules''),4 Scott E. Kamm IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $12,000 for willfully and repeatedly
violating Sections of the Commission's Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules 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 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. 200332560008, and FRN 0006-5376-58. 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. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Scott E. Kamm, 1950 207th Street,
Waterbury, Nebraska 68785-2605, and a copy to Scott E. Kamm, 3290
N. Martha Lot 80, Sioux City, Iowa 51105.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 97.101(d), 97.113(a)(4) and 97.119(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332560008 (Enf. Bur., Kansas City Office, released January 24,
2003).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.