******************************************************** 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-99-PA-076 Michael E. Gallagher ) ) NAL Acct. No 915PA0007 Licensee of Amateur Radio Station KB1DTA ) West Concord, Massachusetts ) ORDER Adopted: December 18, 2000 Released: December 20, 2000 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating a forfeiture proceeding against Michael E. Gallagher (''Gallagher'') concerning operation of an Amateur Radio transmitter in violation of Sections 97.101(a), 97.101(d), 97.113(a)(4) and 97.119(a) of the Commission's Rules.1 2. The former Compliance and Information Bureau issued a Notice of Apparent Liability to Gallagher in the amount of $7,500 for the rule violations.2 Gallagher has stated that payment of the $7,500 would cause financial hardship and has submitted financial documentation in support of that claim. Gallagher has submitted his Amateur license for cancellation and agrees not to re-apply for an Amateur license for a period of five years. 3. The Enforcement Bureau staff and Gallagher have negotiated the terms of a Consent Decree that would terminate this proceeding. A copy of the Consent Decree is attached hereto and incorporated by reference. 4. We have reviewed the terms of the Consent Decree and evaluated the facts before us. We believe that the public interest would be served by approving the Consent Decree and terminating this proceeding. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C §§ 154(i) and 154(j), and the authority delegated in Sections 0.111 and 0.311 of the Commission's Rules, 47 C.F.R. §§ 0.111 and 0.311, that the attached Consent Decree is hereby ADOPTED. 6. IT IS FURTHER ORDERED that the above captioned forfeiture proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F. R. Sections 97.101(a), 97.101(d), 97.113(a)(4), 97.119(a). 2 Notice of Apparent Liability, NAL/Acct. No. 915PA0007, released March 10, 1999.