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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Terry L. Van Volkenburg Cocoa, Florida ) ) ) File No.:
   EB-FIELDSCR-12-00004202 ) NAL/Acct. No.: 201332700001 ) FRN: 0002825925




                                     ORDER

   Adopted: March 19, 2014 Released: March 19, 2014

   By the Regional Director, South Central Region, Enforcement Bureau:

   1. In this Order, we adopt the attached Consent Decree entered into
   between the Enforcement Bureau of the Federal Communications Commission
   (Bureau) and Terry L. Van Volkenburg. The Consent Decree terminates the
   investigation and Notice of Apparent Liability for Forfeiture issued by
   the Bureau of possible violations of Sections 301 and 333 of the
   Communications Act of 1934, as amended,^ concerning Mr. Van Volkenburg's
   operation of a radio transmitter on the frequency 465.300 MHz.

   2. The Bureau and Mr. Van Volkenburg have negotiated the terms of a
   Consent Decree that resolves this matter. A copy of the Consent Decree is
   attached hereto and incorporated herein by reference.

   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
   adopting the Consent Decree, terminating the investigation.

   4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 503(b) of the
   Communications Act of 1934, as amended,^ and Sections 0.111 and 0.311 of
   the Commission's rules,^ the Consent Decree attached to the Order IS
   ADOPTED.

   5. IT IS FURTHER ORDERED that the above-captioned investigation IS
   TERMINATED.

   6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
   shall be sent by first class mail and certified mail, return receipt
   requested to Terry L. Van Volkenburg at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Terry L. Van Volkenburg Cocoa, Florida ) ) ) ) ) File
   No.: EB-FIELDSCR-12-00004202 NAL/Acct. No.: 201332700001 FRN: 0002825925




                                 CONSENT DECREE

   1. The Enforcement Bureau of the Federal Communications Commission
   (Bureau), by its authorized representative, and Terry L. Van Volkenburg,
   hereby enter into this Consent Decree for the purpose of terminating the
   Bureau's investigation into Mr. Van Volkenburg's violations of Sections
   301 and 333 of the Communications Act of 1934, as amended.^

   I. DEFINITIONS

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

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

    b. "Adopting Order" means an order of the Bureau adopting the terms of
       this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which Mr. Van Volkenburg is subject by virtue of his operation of
       radio transmitting equipment.

    f. "Effective Date" means the date on which the Bureau releases the
       Adopting Order.

    g. "Investigation" means the investigation commenced by the Bureau
       regarding Mr. Van Volkenburg's operation of a radio transmitter on the
       frequency 465.300 MHz and interfering with licensed communications,
       which resulted in the issuance of a Notice of Apparent Liability for
       Forfeiture, 28 FCC Rcd 1927 (NAL).^

    h. "Parties" means Mr. Van Volkenburg and the Bureau, each of which is a
       "Party."

    i. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    3. Section 301 of the Act states that no person shall use or operate any
       apparatus for the transmission of energy or communications or signals
       by radio within the United States, except under and in accordance with
       the Act and with a license granted under the provisions of the Act.^
       Section 333 of the Act states that "[n]o person shall willfully or
       maliciously interfere with or cause interference to any radio
       communications of any station licensed or authorized by or under this
       Act or operated by the United States Government."^

    4. In September 2012, the Bureau initiated an investigation in response
       to a complaint of radio interference from the Brevard County Sheriff's
       Department. The Bureau subsequently determined that Mr. Van Volkenburg
       operated a radio transmitter on the frequency 465.300 MHz, without a
       license, from his residence in Cocoa, Florida, which interfered with
       the licensed wireless radio communications system used by the
       Sheriff's Department in the county jail. On March 1, 2013, the
       Enforcement Bureau issued the NAL to Mr. Van Volkenburg and found him
       apparently liable for a $25,000 forfeiture for his apparent violations
       of Sections 301 and 333 of the Act.

    5. In response to the NAL, Mr. Van Volkenburg provided financial
       documentation demonstrating that he is unable to pay the proposed
       forfeiture.

   III. TERMS OF AGREEMENT

    6. Adopting Order.  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 the Adopting Order.

    7. Jurisdiction. Mr. Van Volkenburg agrees that the Bureau has
       jurisdiction over him and the matters contained in this Consent Decree
       and has the authority to enter into and adopt this Consent Decree.

    8. Effective Date; Violations.  The Parties agree that this Consent
       Decree shall become effective on the Effective Date. As of the
       Effective Date, the Adopting Order and this Consent Decree shall have
       the same force and effect as any other order of the Commission. Any
       violation of the Adopting Order or 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.

    9. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation. In consideration for the termination of the
       Investigation, Mr. Van Volkenburg agrees to the terms, conditions, and
       procedures contained herein. The Bureau further agrees that in the
       absence of new material evidence, the Bureau will not use the facts
       developed in the Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute on its own motion any
       new proceeding, formal or informal, or take any action on its own
       motion against Mr. Van Volkenburg concerning the matters that were the
       subject of the Investigation.

   10. Relinquishment of Amateur License. Mr. Van Volkenburg holds an amateur
       license (call sign KC5RF), which did not authorize him to operate on
       the frequency 465.300 MHz. In consideration for the termination of the
       Investigation, Mr. Van Volkenburg agrees to relinquish his amateur
       license. Mr. Van Volkenburg provided a signed letter requesting the
       Commission cancel his amateur license prior to signing this Consent
       Decree.

   11. Voluntary Contribution.  Mr. Van Volkenburg  agrees that he will make
       a voluntary contribution to the United States Treasury in the amount
       of one thousand dollars ($1,000) ("Voluntary Contribution") in ten
       equal installments (each an Installment Payment). The first
       Installment Payment of one hundred dollars ($100) must be made within
       thirty (30) calendar days after the Effective Date. Each successive
       Installment Payment of one hundred dollars ($100) shall be due on the
       first day of the next nine (9) months following the initial
       Installment Payment. Mr. Van Volkenburg acknowledges and agrees that
       upon execution of this Consent Decree the Voluntary Contribution and
       each Installment Payment shall become a "Claim" or "Debt" as defined
       in 31 U.S.C. S 3701(b)(1). Upon an Event of Default (as defined
       below), all procedures for collection as permitted by law may, at the
       Commission's discretion, be initiated. In addition, Mr. Van Volkenburg
       agrees that he will make the first and all subsequent Installment
       Payments in United States Dollars without further demand or notice by
       the dates specified above. Installment Payments must be made by check
       or similar instrument, wire transfer, or credit card, and must include
       the NAL/Account Number and FRN referenced above. Mr. Van Volkenburg
       shall also send electronic notification of each Installment Payment on
       the date said payment is made to SCR-Response@fcc.gov. Regardless of
       the form of payment, a completed FCC Form 159 (Remittance Advice) must
       be submitted. When completing the FCC Form 159, enter the Account
       Number in block number 23A (call sign/other ID) and enter the letters
       "FORF" in block number 24A (payment type code). Below are additional
       instructions you should follow based on the form of payment you
       select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   If you have questions regarding payment procedures, please contact the
   Financial Operations Group Help Desk by phone, 1-877-480-3201, or by
   e-mail, ARINQUIRIES@fcc.gov.

   12. Event of Default. Mr. Van Volkenburg agrees that an Event of Default
       shall occur upon his failure to pay the full amount of any Installment
       Payment on or before the due date specified in this Consent Decree.

   13. Interest, Charges for Collection, and Acceleration of Maturity Date.
       After an Event of Default has occurred under this Consent Decree, the
       then unpaid amount of the Voluntary Contribution shall accrue
       interest, computed using the rate of the U.S. Prime Rate in effect on
       the date of the Event of Default plus 4.75 percent, from the date of
       the Event of Default until payment in full. Upon an Event of Default,
       the then unpaid amount of the Voluntary Contribution, together with
       interest, as aforesaid, any penalties permitted and/or required by the
       law, including but not limited to interest and penalties permitted
       under 31 U.S.C. S 3717 and administrative charge(s), plus the costs of
       collection, litigation, and attorneys' fees, shall become immediately
       due and payable, without notice, presentment, demand, protest, or
       notice of protest of any kind, all of which are waived by Mr. Van
       Volkenburg.

   14. Waivers. Mr. Van Volkenburg 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 Adopting Order, provided the Bureau issues an
       Adopting Order as defined herein. Mr. Van Volkenburg shall retain the
       right to challenge Commission interpretation of the Consent Decree or
       any terms contained herein. If either Party (or the United States on
       behalf of the Commission) brings a judicial action to enforce the
       terms of the Adopting Order, neither Mr. Van Volkenburg nor the
       Commission shall contest the validity of the Consent Decree or of the
       Adopting Order, and Mr. Van Volkenburg shall waive any statutory right
       to a trial de novo. Mr. Van Volkenburg hereby agrees to waive any
       claims he may 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 addressed
       in this Consent Decree.

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

   16. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree differs from any subsequent Rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Mr. Van Volkenburg does not
       expressly consent) regarding the same subject matter, that provision
       will be superseded by such Rule or Commission order.

   17. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties with
       respect to the Investigation. Mr. Van Volkenburg admits, solely for
       the purpose of this Consent Decree and for Commission civil
       enforcement purposes, and in express reliance on the provisions of
       paragraph 9 herein, that his radio operations on the frequency 465.300
       MHz, which were the subject of the Investigation, violated the
       Communications Laws.

   18. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   19. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   20. Authorized Representative. The FCC signatory represents that he is
       signing this Consent Decree in his official capacity and that he is
       authorized to execute this Consent Decree.

   21. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.

   ________________________________

   Dennis P. Carlton

   Regional Director

   South Central Region

   Enforcement Bureau

   ________________________________

   Date

   ________________________________

   Terry L. Van Volkenburg

   ________________________________

   Date

   ^ 47 U.S.C. SS 301, 333.

   ^ 47 U.S.C. SS 154(i), 503(b).

   ^ 47 U.S.C. SS 0.111, 0.311.

   ^ 47 U.S.C. SS 301, 333.

   ^ Terry L. Van Volkenburg, Notice of Apparent Liability for Forfeiture, 28
   FCC Rcd 1927 (Enf. Bur. 2013).

   ^ 47 U.S.C. S 301.

   ^ 47 U.S.C. S 333.

   Federal Communications Commission  DA 14-312

                                       2

   Federal Communications Commission DA 14-312

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