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 FEDERAL  COMMUNICATIONS  COMMISSION  DA  00-  2843 
 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. 


 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. 
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 FEDERAL  COMMUNICATIONS  COMMISSION  DA  00-  2843 
 2 
 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 
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