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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File No.: EB-06-SE-388
Richard Mann d/b/a
) Acct. No.: 200732100016
The Antique Radio Collector
) FRN: 0016215626
Toledo, Ohio
)
)
ORDER
Adopted: May 11, 2012 Released: May 11, 2012
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. On November 27, 2007, the Spectrum Enforcement Division (Division) of
the Enforcement Bureau (Bureau) issued a Forfeiture Order against
Richard Mann d/b/a The Antique Radio Collector (Mr. Mann), assessing a
forfeiture in the amount of $7,000 for the willful and repeated
violation of Section 302(b) of the Communications Act of 1934, as
amended (Act), and Section 2.803(a)(1) of the Commission's rules
(Rules) in connection with the marketing in the United States of
uncertified AM radio transmitters assembled from kits. On December 27,
2007, Mr. Mann filed an Appeal of Forfeiture Order in which he sought
cancellation or reduction of the forfeiture. On April 30, 2008, the
Bureau released the Reconsideration Order, which affirmed the
Forfeiture Order and denied Mr. Mann's Petition for Reconsideration.
On June 2, 2008, Mr. Mann sought review of the Reconsideration Order.
Mr. Mann subsequently submitted a supplement to the Bureau for the
purpose of demonstrating his inability to pay the forfeiture.
2. On April 13, 2012, the Division released an Order and Consent Decree
settling this enforcement proceeding. Consistent with the terms of the
Consent Decree, Mr. Mann has now filed a motion with the Bureau
seeking to withdraw the pending Application for Review. We hereby
grant Mr. Mann's request.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Act,
and Sections 0.111 and 0.311 of the Rules, Mr. Mann's Motion to
Withdraw IS GRANTED.
4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first
class mail and certified mail, return receipt requested, to Richard
Mann d/b/a The Antique Radio Collector, 4231 Willys Parkway, Toledo,
OH 43612.
FEDERAL COMMUNICATIONS COMMISSION
John D. Poutasse
Chief
Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
Richard Mann d/b/a The Antique Radio Collector, Forfeiture Order, 22 FCC
Rcd 20516 (Enf. Bur., Spectrum Enf. Div. 2007) (Forfeiture Order).
Appeal of Forfeiture Order, filed by Richard Mann d/b/a The Antique Radio
Collector (Dec. 27, 2007) (Petition for Reconsideration). Pursuant to
Section 1.115(c) of the Rules, 47 C.F.R. S: 1.115(c), this pleading was
treated as a Petition for Reconsideration in order to allow the Bureau the
opportunity to consider novel issues of law and fact not previously raised
by Mr. Mann. See Richard Mann d/b/a The Antique Radio Collector, Order and
Consent Decree, DA 12-574, 2012 WL 1243856 at *2 n.13 (Enf. Bur.,
Spectrum Enf. Div. April 13, 2012) (Order and Consent Decree).
Richard Mann d/b/a The Antique Radio Collector, Memorandum Opinion and
Order, 23 FCC Rcd 6920 (Enf. Bur. 2008) (Reconsideration Order).
See Application for Review of Reconsideration Order, filed by Richard Mann
d/b/a The Antique Radio Collector (June 2, 2008).
See Order and Consent Decree.
See Letter from Richard R. Mann to Federal Communication [sic]
[Commission] (Apr. 14, 2012) (Motion to Withdraw).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Federal Communications Commission DA 12-745
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Federal Communications Commission DA 12-745