*Pages 1--2 from Microsoft Word - 10653.doc* Federal Communications Commission DA 01- 1858 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of ) ) Kornwell Chan ) File No. EB- 99- PA- 095 ) Licensee of Amateur Radio Station W3CI ) NAL/ Acct. No. 915PA0008 Dresher, Pennsylvania 19025 ) MEMORANDUM OPINION AND ORDER Adopted: August 2, 2001 Released: August 6, 2001 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we cancel the proposed monetary forfeiture in the amount of $7,500 issued to Kornwell Chan, licensee of amateur radio station W3CI, for apparent violations of Sections 97.101( a), 97. 101( d), 97. 113( a)( 4) and 97.119( a) of the Commission’s Rules (“ Rules”). 1 The noted violations involved failure to operate an amateur radio station in accordance with good amateur practice, willful and malicious interference with radio communications, transmitting music on amateur radio frequencies, and transmitting unidentified communications or signals. 2. On March 10, 1999, the Commission’s Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $7,500 to Mr. Chan for the noted violations. 2 On September 1, 2000, Mr. Chan submitted his amateur license to the Commission and agreed not to operate his amateur station until September 1, 2003. He has not operated his amateur radio station since turning in the license. In addition, Mr. Chan has submitted financial data demonstrating that he is unable to pay the proposed forfeiture. Accordingly, we conclude that cancellation of the proposed $7,500 forfeiture is warranted. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0. 311 and 1.80( f)( 4) of the Rules, 3 the forfeiture in the amount of seven thousand five hundred dollars ($ 7,500) proposed in the March 10, 1999 NAL issued to Kornwell Chan IS CANCELLED. 1 47 C. F. R. §§ 97.101( a), 97. 101( d), 97. 113( a)( 4) and 97.119( a). 2 Notice of Apparent Liability, NAL/ Acct. No. 915PA0008 (released March 10, 1999). 3 47 C. F. R. §§ 0.111, 0. 311 and 1. 80( f)( 4). 1 Federal Communications Commission DA 01- 1858 2 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail Return Receipt Requested to Kornwell Chan, 1919 Audubon Drive, Dresher, Pennsylvania 19025. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2