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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Jeffrey Amedro ) File No. EB-03-CF-
205
dba Cell Page ) NAL/Acct. No.
200332340006
Morgantown, West Virginia ) FRN
0009-5345-61
)
FORFEITURE ORDER
Adopted: September 7, 2004 Released:
September 9, 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 Jeffrey Amedro dba Cell Page (``Cell
Page'') for willful and repeated violation of Section
301 of the Communications Act of 1934, as amended
(``Act'').1 The noted violation involved Cell Page's
operation of radio transmitting equipment on the
frequency 157.740 MHz without an instrument of
authorization.
2. In a September 5, 2003 Notice of Apparent Liability for
Forfeiture (``NAL''),2 the District Director of the Commission's
Columbia, Maryland Office (``Columbia Office'') issued a monetary
forfeiture in the amount of $10,000 to Cell Page for repeatedly
operating its station without a valid instrument of authorization
after receiving a warning that such operation was in violation of
the Act. Cell Page does not contest the subject violation. In
its October 16, 2003 response, Cell Page requests reduction or
cancellation of the proposed forfeiture. Presumably, intending
to claim its inability to pay the forfeiture, Cell Page states
that it has been in contact with a certified public accountant to
complete its tax returns. Once completed, Cell Page states that
it will forward three years of tax returns to the Enforcement
Bureau by approximately October 31, 2003. Cell Page still has
not submitted its tax returns.3 Without the appropriate
financial documentation, we can not consider Cell Page's claim of
inability to pay;4 therefore, we deny its request for reduction
or cancellation of the forfeiture. 5
3. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Commission's Rules,7 Cell Page IS LIABLE FOR A MONETARY
FORFEITURE in the amount of ten thousand dollars ($10,000) for
its willful and repeated violation of 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.8
Payment of the forfeiture must be made by check or similar
instrument, payable to the order of the ``Federal Communications
Commission.'' The payment must include the NAL/Acct. No. and FRN
No. referenced above. Payment by check or money order may be
mailed to Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. Payment by overnight mail may be sent to Bank One/LB
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.
Payment by wire transfer may be made to ABA Number 071000013,
receiving bank ``Bank One,'' and account number 1165259.
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. 20554.9
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 Jeffrey Amedro dba Cell Page, 440 Spruce
Street, Morgantown, West Virginia 26505.
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. 200332340006 (Enf. Bur., Columbia Office, released
September 5, 2003).
3 Commission staff contacted Mr. Amedro prior to completion of
this order to request copies of the tax returns. Mr. Amedro
informed the staff that the tax returns still were not prepared.
4 As stated in the NAL, the Commission will not consider
reducing or canceling a forfeiture in response to a claim of
inability to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted accounting
practices (``GAAP''); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. NAL at para. 10. The Commission has long
recognized that, although gross revenues are the primary
indicator of a licensee's ability to pay a forfeiture, other
financial indicators can be considered. PJB Communications of
Virginia, Inc., 7 FCC Rcd 2088 (1991).
5 See Michael S. Selvanto, DA 04-2488 (released August 10, 2004)
(finding no basis upon which to cancel or reduce a forfeiture
where no financial documentation was presented to demonstrate
inability to pay).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.