Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Nathaniel Johnson Owner and Operator of Citizens Band
Station, Pittsburgh, Pennsylvania ) ) ) ) ) ) File No.:
EB-FIELDNER-12-00002628 NAL/Acct. No.: 201332400002 FRN: 0022693972
FORFEITURE ORDER
Adopted: March 12, 2014 Released: March 12, 2014
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of eighteen thousand dollars ($18,000) to Nathaniel
Johnson, owner and operator of a Citizens Band (CB) Station in
Pittsburgh, Pennsylvania, for violating Section 303(n) of the
Communications Act of 1934, as amended,^ and Sections 95.426(a) and
95.423 of the Commission's rules.^ The noted violations involved Mr.
Johnson's willful and repeated failure to make his CB station
available for inspection by authorized FCC representatives and willful
failure to comply with the restricted hours of CB Station operation
set forth in an official FCC notice.
2. On May 14, 2013, the Enforcement Bureau's Philadelphia Office issued a
Notice of Apparent Liability for Forfeiture and Order (NAL) in the amount
of $18,000 to Mr. Johnson.^ Although we have evidence that Mr. Johnson
received a copy of the NAL sent by Certified Mail, Mr. Johnson 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,^ and Sections 0.111, 0.204, 0.311,
and 1.80(f)(4) of the Commission's rules,^ Nathaniel Johnson IS LIABLE FOR
A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000)
for violations of Section 303(n) of the Communications Act of 1934, as
amended, and Sections 95.426(a) and 95.423 of the Commission's rules.^
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Commission's rules within thirty (30) calendar
days after the release date of this Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Communications Act of 1934, as amended.^ Nathaniel
Johnson shall send electronic notification of payment to
NER-Response@fcc.gov on the date said payment is made. The payment must be
made by check or similar instrument, wire transfer, or credit card, and
must include the NAL/Account Number and FRN referenced above. 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.
5. Any request for making full payment over time under an installment plan
should be sent to: Chief Financial Officer--Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554.^ 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.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class Mail and Certified Mail, Return Receipt Requested, to
Nathaniel Johnson at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director
Northeast Region
Enforcement Bureau
^ 47 U.S.C. S 303(n).
^ 47 C.F.R. SS 95.426(a) and 95.423.
^ Nathaniel Johnson, Notice of Apparent Liability for Forfeiture and
Order, 28 FCC Rcd 7034 (Enf. Bur. 2013).
^ 47 U.S.C. S 503(b).
^ 47 C.F.R. SS 0.111, 0.204, 0.311, 1.80(f)(4).
^ 47 U.S.C. S 303(n); 47 C.F.R. SS 95.426(a) and 95.423.
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 14-340
2
2
Federal Communications Commission DA 14-340