Federal Communications Commission                                     DA 00-93

MEMORANDUM OPINION AND ORDER

Adopted: January 14, 2000                                               Released: January 18, 2000

By the Chief, Enforcement Bureau

1. In this Order, we deny the request made in your letter responding to the Forfeiture Order in this matter filed on June 25, 1999, by Don Sizemore on behalf of the CB Shack.[1] For purposes of review, your letter will be considered as a petition for reconsideration. See Section 1.106 of the Commission's Rules, 47 C.F.R. ' 1.106; Section 405 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. ' 405.

2. Section 405 of the Act requires a petition for reconsideration to be filed within 30 days of the date from which public notice of the action is given. In this particular case, public notice of the action was given on May 5, 1999, the date the Forfeiture Order was released. Therefore, a petition for reconsideration of the Forfeiture Order had to be filed with the Commission by June 4, 1999, in order to be considered timely. Your response was not postmarked until June 21, 1999, and was not received by the Commission until June 25, 1999. Consequently, your petition for reconsideration was not timely filed and must be dismissed. See Gardner v. FCC, 530 F.2d 1086 (D.C. Cir. 1976).

3. Further, had your petition for reconsideration been timely filed, it would have been denied because the arguments you have included have already been addressed by the Forfeiture Order. Additionally, you have not provided any financial information to support your inabilty to pay claim.

4. Accordingly, pursuant to Section 405 of the Act, your petition for reconsideration of the Forfeiture Order issued for the above-referenced NAL is hereby DISMISSED.

FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau

[1] 14 FCC Rcd 7067 (Compl. & Inf. Bur. 1999).