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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of        )   EB-04-BS-085                
     Gene A. Fricke          )   NAL/Acct. No. 200632260001  
     Nashua, New Hampshire   )   FRN No. 0014204622          


   Adopted: July 6, 2006  Released:  July 10, 2006

   By the Assistant Chief, Enforcement Bureau:

    1. The Enforcement Bureau (the "Bureau") has been investigating whether
       Gene A. Fricke, the owner/operator of a Citizens Band ("CB") radio
       station in Nashua, New Hampshire, has violated Section 301 of the
       Communications Act of 1934, as amended ("Act"), by operating a CB
       radio station without Commission authorization.

    2. The Bureau and Mr. Fricke have negotiated the terms of the Consent
       Decree, a copy of which is attached hereto and incorporated by

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       approving the Consent Decree and terminating the investigation.

    4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 4(i) of the
       Communications Act of 1934, as amended, and the authority delegated by
       sections 0.111 and 0.311 of the Commission's Rules, the attached
       Consent Decree IS ADOPTED.

    5. IT IS FURTHER ORDERED that the forfeiture proceeding against Gene A.
       Fricke IS TERMINATED.

    6. IT IS FURTHER ORDERED that copies of this Order shall be sent by
       regular first class mail and certified mail - return receipt
       requested, to Gene A. Fricke at his address of record.


   George R. Dillon

   Assistant Chief, Enforcement Bureau

                                 CONSENT DECREE

   I. Introduction

    1. This Consent Decree is entered into by the Enforcement Bureau of the
       Federal Communications Commission and Gene A. Fricke.

   II. Definitions

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Mr. Fricke" refers to Gene A. Fricke;

    b. "Bureau" means the Enforcement Bureau of the Federal Communications

    c. "Parties" means the Bureau and Mr.Fricke;

    d. "Commission" or "FCC" means the Federal Communications Commission;

    e. "Station" means Mr.Fricke's Citizens Band radio station located at his
       address of record in Nashua, New Hampshire;

    f. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. SS
       151 et seq.;

    g. "Rules" means the Commission's regulations set forth in Title 47 of
       the Code of Federal Regulations;

    h. "Complaints" mean third-party complaints received by, or in the
       possession of, the Bureau as of January 25, 2006 regarding Mr.
       Fricke's operation of the Station;

    i. "Investigation" means the investigation of the Station and the
       allegations contained in the Complaints, which resulted in the
       issuance of a Notice of Apparent Liability, NAL Account Number

    j. "Order" means an order of the Enforcement Bureau adopting this Consent

    k. "Final Order" means the status of the Order after the period for
       administrative and judicial review has lapsed;

    l. "Effective Date" means the date on which the Bureau releases the
       Order; and

    m. "Boston Office" means the Bureau's Field Office located at 1
       Batterymarch Park, Quincy, MA 02169.

   III. Background

    3. The Bureau received the Complaints alleging that Mr. Fricke's
       operation of his Station was interfering with other CB operators in
       the Nashua, New Hampshire area. The Bureau thereafter commenced the
       Investigation to inspect the Station and determine whether Mr.
       Fricke's operation of the station was in accordance with the Rules.
       During the Investigation, Bureau agents found that, using modified CB
       equipment, Mr. Fricke operated his CB station on a frequency not
       authorized for use by a CB station and transmitted a one-way
       communication in the form of a constant carrier, thereby voiding his
       blanket authorization to operate a CB station. On January 26, 2006,
       the Boston Office released a Notice of Apparent Liability for
       Forfeiture in the amount of $10,000 for apparent willful violation of
       Section 301 of the Act for operating a CB station without a license.

    4. Mr. Fricke has committed to complete the remedial measures and other
       undertakings contemplated by this Consent Decree.

   IV. Agreement

    5. Mr. Fricke and the Bureau agree to be legally bound by the terms and
       conditions of this Consent Decree. The Bureau represents and warrants
       that its signatory is duly authorized to enter into this Consent
       Decree on its behalf. Mr. Fricke agrees that the Bureau has
       jurisdiction over the matters contained in this Consent Decree.

    6. The Parties agree that the provisions of this Consent Decree shall be
       subject to final approval by the Bureau by incorporation of such
       provisions by reference in an Order.

    7. The Parties agree that this Consent Decree shall become effective on
       the Effective Date. Upon the Effective Date, the Order and this
       Consent Decree shall have the same force and effect as any other order
       of the Commission and any violation of the terms of this Consent
       Decree shall constitute a separate violation of a Commission order,
       entitling the Commission to exercise any rights and remedies attendant
       to the enforcement of a Commission order.

    8. As part of the Order, the Bureau shall terminate the Investigation.
       From and after the Effective Date, the Bureau shall not, either on its
       own motion or in response to third-party objection, initiate any
       inquiries, investigations, forfeiture proceedings, hearings, or other
       sanctions or actions against Mr. Fricke, based in whole or in part on
       (i) the Investigation or (ii) the Complaints. The Bureau agrees that,
       in the absence of material new evidence, it will not, on its own
       motion, initiate or recommend to the Commission, any new proceeding,
       formal or informal, regarding the matters discussed in paragraph 3,
       above, with regard to operation prior to the Effective Date. Nothing
       in this Consent Decree shall prevent the Bureau from instituting, or
       recommending to the Commission, new investigations, or enforcement
       proceedings against Mr. Fricke, in the event of any alleged future
       misconduct for violation of this Consent Decree or for violation of
       the Act or the Commission's Rules, consistent with the provisions of
       this Consent Decree.

    9. Mr. Fricke admits, solely for the purpose of this Consent Decree and
       for Commission civil enforcement purposes, and in express reliance on
       the provisions of paragraph 8 hereof, that the operation of his CB
       station at the time of the Investigation was in violation of the
       Rules. Notwithstanding any other provision of this Consent Decree, it
       is expressly agreed and understood that if this Consent Decree is
       breached by the Bureau, or is invalidated or modified to Mr. Fricke's
       prejudice by the Commission or by any court, then the provisions of
       the immediately-preceding sentence shall be of no force or effect
       whatever, and Mr. Fricke shall not, by virtue of that sentence or any
       other provision of this Consent Decree, be deemed to have made any
       admission concerning any Rule violations.

   10. The Parties agree and acknowledge that this Consent Decree shall
       constitute a final settlement between them concerning the Bureau's
       Investigation of the matters discussed in paragraph 3, above.

   11. In consideration of the Bureau's termination of its Investigation into
       these matters, Mr. Fricke agrees to, upon the Effective Date:

    a. Cease operating on CB Channel 19 for a period of one year;

    b. Limit the length of his communications under Section 95.416(a) (CB
       Rule 16) of the Commission's rules, 47 C.F.R. S 95.416(a), to no more
       than forty-five seconds per transmission;

    c. Limit his communications with other CB stations to no more than five
       consecutive minutes, as set forth in Section 95.416(b), 47 C.F.R. S

    d. Cease transmitting one-way communications as proscribed under Section
       95.413(a)(4) (CB Rule 13), 47 C.F.R. S 95.413(a)(4);

    e. Operate his CB station with only certified CB equipment at an output
       power of no more than four watts; and

    f. Ensure that his broadcast transmissions do not advertise or solicit
       the sale of any goods or services, as prohibited in Section
       95.413(a)(5), 47 C.F.R. S 95.413(a)(5).

   12. Mr. Fricke will make a voluntary contribution to the United States
       Treasury in the amount of Five Hundred Dollars ($500), payable in
       installments in accordance with the schedule set forth on Table I,
       attached, which is incorporated herein and forms a part of this
       Consent Decree. Mr. Fricke will make each installment of this
       contribution on a timely basis without further protest or recourse, by
       check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the Acct. No. and
       FRN 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.

   13. Mr. Fricke agrees that he is required to comply with each individual
       condition of this Consent Decree. Each specific condition is a
       separate condition of the Consent Decree as approved. To the extent
       that Mr. Fricke fails to satisfy any condition, in the absence of
       Commission alteration of the condition, he will be deemed noncompliant
       and may be subject to possible enforcement action, including, but not
       limited to, letters of admonishment, or forfeitures.

   14. Mr. Fricke waives any and all rights he may have to seek
       administrative or judicial reconsideration, review, appeal or stay, or
       to otherwise challenge or contest the validity of this Consent Decree
       and the Order, provided the Order adopts the Consent Decree without
       change, addition or modification.

   15. Mr. Fricke agrees to waive any claims he may otherwise have under the
       Equal Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R. S 1.1501 et
       seq., relating to the matters discussed in this Consent Decree.

   16. If any Party (or the United States on behalf of the FCC) brings a
       judicial action to enforce the terms of the Order, neither Mr. Fricke
       nor the FCC shall contest the continuing validity of the Consent
       Decree or Order. Mr. Fricke and the Commission further agree that they
       will waive any statutory right to a trial de novo with respect to any
       matter upon which the Order is based (provided in each case that the
       Order is limited to adopting the Consent Decree without change,
       addition, or modification), and that they will consent to a judgment
       incorporating the terms of this Consent Decree.

   17. In the event that this Consent Decree is rendered invalid by any court
       of competent jurisdiction, this Consent Decree shall become null and
       void and may not be used in any manner in any legal proceeding.

   18. This Consent Decree may be signed in counterparts and/or by telecopy
       and, when so executed, the counterparts, taken together, will
       constitute a legally binding and enforceable instrument whether
       executed by telecopy or by original signatures.



   ________________________________ _______________

   George R. Dillon, Assistant Bureau Chief Date

   ___________________________________ _______________

   Gene A. Fricke Date

                                    Table I

                                Payment Schedule

           Date          Amount  

      August 1, 2006     $20     

     September 1, 2006   $20     

     October 1, 2006     $20     

     November 1, 2006    $20     

     December 1, 2006    $20     

      January 1, 2007    $20     

     February 1, 2007    $20     

       March 1, 2007     $20     

       April 1, 2007     $20     

        May 1, 2007      $20     

       June 1, 2007      $20     

       July 1, 2007      $20     

      August 1, 2007     $20     

     September 1, 2007   $20     

      October 1, 2007    $20     

     November 1, 2007    $20     

     December 1, 2007    $20     

      January 1, 2008    $20     

     February 1, 2008    $20     

       March 1, 2008     $20     

       April 1, 2008     $20     

        May 1, 2008      $20     

       June 1, 2008      $20     

       July 1, 2008      $20     

      August 1, 2008     $20     

   47 U.S.C. S 301.

   47 U.S.C. S 154(i).

   47 C.F.R. SS 0.111, 0.311.

                                 Federal Communications Commission DA 06-1405



                                 Federal Communications Commission DA 06-1405