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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number EB-04-OR-185
Scottie E. Kennedy ) NAL/Acct. No.200532620002
Greenbrier, Arkansas 72058 ) FRN 0012802096
)
FORFEITURE ORDER
Adopted: June 17, 2005 Released:
June 21, 2005
By the Regional Director, South Central Region, Enforcement
Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand
dollars ($10,000) to Scottie E. Kennedy for willful
violation of Section 301 of the Communications Act of
1934, as amended (``Act'').1 The noted violation
involves Mr. Kennedy's operation of a transmitter on
157.025 MHz (VHF marine channel 80) without a license.
2. On April 6, 2005, the District Director of the
Commission's New Orleans Field Office (``New Orleans Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $10,000 to Mr. Kennedy.2 Mr. Kennedy 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,4 Scottie E. Kennedy IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $10,000 for willfully operating a radio transmitter
without a license in 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.5
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 Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail
may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be
made to ABA Number 043000261, receiving bank Mellon Bank, and
account number 911-6106. Requests for full payment under an
installment plan should be sent to: Chief, Revenue and
Receivables 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 Scottie E. Kennedy at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
_________________________
147 U.S.C. § 301.
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532620002 (Enf. Bur., New Orleans Office, released April 6,
2005).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 U.S.C. § 504(a).
6See 47 C.F.R. § 1.1914.