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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File Number: EB-08-PO-0037
)
Jeremy William Barber NAL/Acct. No.: 200832920001
)
Aloha, Oregon FRN: 0017513151
)
)
FORFEITURE ORDER
Adopted: July 28, 2008 Released: July 30, 2008
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of seven thousand dollars ($7,000) to Jeremy William Barber
("Barber"), owner and operator of a Citizens Band ("CB") radio station
in Aloha, Oregon, for willful violation of Section 303(n) of the
Communications Act of 1934, as amended, ("Act") and Section 95.426(a)
of the Commission's Rules (CB Rule 26). The noted violation involves
Barber's failure to permit an inspection of his CB radio station by
the Resident Agent of the Enforcement Bureau's Portland Resident Agent
Office.
2. On March 28, 2008, the Resident Agent of the Enforcement Bureau's
Portland Resident Agent Office issued a Notice of Apparent Liability for
Forfeiture ("NAL") in the amount of $7,000 to Barber. Despite evidence
that Barber received the NAL, Barber has not filed a response to the NAL.
Based on the information before us, we affirm the forfeiture.
3. Subsequent to the issuance of the NAL, the Portland Resident Agent
Office continued to receive complaints concerning Barber's operation of
his CB radio station. We direct the Portland Resident Agent Office to
conduct a follow-up inspection of Barber's CB radio station to determine
whether Barber's operation of his CB radio station is compliant with the
Commission's Rules regarding the CB radio service. We caution Barber that
failure to allow this inspection by the Portland Resident Agent Office
will result in further sanctions and forfeitures for violation of Section
303(n) of the Act and Section 95.426(a) of the Rules.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Jeremy
William Barber, IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$7,000 for willfully violating Section 303(n) of the Act, and Section
95.426(a) of the Rules.
5. 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. 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/Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government Lockbox
#979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment
by wire transfer may be made to ABA Number 021030004, receiving bank
TREAS/NYC, and account number 27000001. For payment by credit card, an FCC
Form 159 (Remittance Advice) must be submitted. When completing the FCC
Form 159, enter the NAL/Account number in block number 23A (call
sign/other ID), and enter the letters "FORF" in block number 24A (payment
type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
Jeremy William Barber shall also send electronic notification on the date
said payment is made to WR-Response@fcc.gov.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Jeremy William
Barber, at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 U.S.C. S: 303(n).
47 C.F.R. S: 95.426(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920001
(Enf. Bur., Western Region, Portland Resident Agent Office, released March
28, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 303(n).
47 C.F.R. S: 95.426(a).
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-1753
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Federal Communications Commission DA 08-1753