******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. 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 Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-00-PO-038 Oregon Pacific Railroad Company ) Milwaukie, OR ) NAL/Acct. No. X3292001 ) FORFEITURE ORDER Adopted: October 5, 2000 Released: October 10, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) against Oregon Pacific Railroad Company (``Oregon Pacific'') for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (``the Act'').1 The noted violations involve Oregon Pacific's operation of a two-way radio station without Commission authorization. 2. On June 13, 2000, a Resident Agent at the Portland, Oregon, Office issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of ten thousand dollars ($10,000) to Oregon Pacific.2 Oregon Pacific has not filed a response. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,4 Oregon Pacific Railroad Company, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willful and repeated violation of the provisions of Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission's Rules5 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.6 Payment may be made by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the ``Federal Communications Commission,'' to the Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note ``NAL/Acct. No. X3292001'' referenced above. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554.7 5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by Certified Mail -- Return Receipt Requested, to Oregon Pacific Railroad Company, P.O. Box 22548, Portland, Oregon 97269. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL Acct. No. X3292001 (Enf. Bur., Portland Resident Agent Office, released June 13, 2000). 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 5 47 C.F.R. § 1.80. 6 47 U.S.C. § 504(a). 7 See 47 C.F.R. § 1.1914.