*Pages 1--2 from Microsoft Word - 13744.doc* Federal Communications Commission DA 01- 2997 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No.: EB- 01- DL- 512 ) David Edwin Merrell ) NAL/ Acct. No. 200132500002 ) Wichita Falls, Texas ) FRN 0005- 0709- 74 FORFEITURE ORDER Adopted: December 20, 2001 Released: December 26, 2001 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 David Edwin Merrell (“ Merrell”) for willful violation of Section 301 of the Communications Act of 1934 (“ Act”), as amended. 1 The noted violation involves Merrell’s operation of a radio station on an amateur frequency without a license. 2. On September 10, 2001, the Commission’s Dallas, Texas, Office issued a Notice of Apparent Liability for Forfeiture in the amount of $10,000 to Merrell. 2 Merrell has not filed a response. Based on the information before us, we affirm the forfeiture. 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 Merrell IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violating Section 301 and of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission’s Rules 5 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 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. 200132980001” and “FRN 0005- 0709- 74,” referenced above. Requests for full payment under an installment plan should be sent to: Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 7 1 47 U. S. C. §§ 301 and 303( n). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200132500002 (Enf. Bur., Dallas Office, released September 10, 2001). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0.111, 0.311 and 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. 1 Federal Communications Commission DA 01- 2997 2 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail -- Return Receipt Requested -- to David Edwin Merrell at 704 Ross Avenue, Wichita Falls, Texas 76306. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2