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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No.: EB-03-PA-029
)
Best Wok ) NAL/Acct. No. 200432400001
)
Westville, New Jersey ) FRN 0009-3455-62
)
FORFEITURE ORDER
Adopted: May 19, 2004 Released: May 21, 2004
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 Best Wok in Westville, New
Jersey, for willful violation of Section 301 of the
Communications Act of 1934, as amended, (``Act'').1
The noted violation involves Best Wok`s operation of
radio transmitting equipment on the frequency 145.8376
MHz without Commission authorization.
2. On February 26, 2004, the District Director of the
Commission's Philadelphia, Pennsylvania Field Office
(``Philadelphia Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of
$10,000 to Best Wok.2 Best Wok 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 Rules,4 Best Wok 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 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. 200432400001 and FRN 0009- 3455-62. 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 Best Wok, 1070 Delsea Drive, Westville, New Jersey
08093.
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.
200432400001 (Enf. Bur., Philadelphia Office, released February
26, 2004).
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.