*Pages 1--2 from  Microsoft Word - 8336.doc*
 Federal  Communications  Commission  DA  01-  974 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Mr.  Jerry  Smith  )  File  No.  EB-  00-  PA-  414  ) 
 125  Commonwealth  Ave.  )  NAL/  Acct.  No.  200132400001  Claymont,  Delaware  ) 


 FORFEITURE  ORDER 
 Adopted:  April  18,  2001  Released:  April  20,  2001 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Forfeiture  Order  (“  Order”),  we  issue  a  monetary  forfeiture  in  the  amount  of 
 thirteen  thousand  five  hundred  dollars  ($  13,  500)  to  Jerry  Smith  for  willful  and  repeated  violations  of 
 Sections  95.409(  a),  95.410(  a)  and  95.411(  a)(  1)  of  the  Commission’s  Rules  (“  Rules”).  1  The  noted 
 violations  involve  Mr.  Smith’s  operation  of  a  Citizens  Band  (“  CB”)  Radio  Station  with  a  non-  type-accepted 
 transmitter,  with  a  transmitter  output  power  greater  than  four  watts  carrier  power  in  the  AM 
 (A3)  mode,  and  with  an  external  RF  power  amplifier. 


 2.  On  January  8,  2001,  the  Commission’s  Philadelphia,  Pennsylvania  Field  Office  issued  a 
 Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  in  the  amount  of  thirteen  thousand  five  hundred 
 dollars  ($  13,500)  to  Mr.  Smith  for  the  noted  violations.  2  Mr.  Smith  has  not  filed  a  response.  Based  on  the 
 information  before  us,  we  affirm  this  forfeiture. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  503(  b)  of  the  Communications 
 Act  of  1934,  as  amended  (“  Act”),  3  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the  Rules,  4  Jerry  Smith  IS 
 LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  thirteen  thousand  dollars  ($  13,500)  for 
 operating  a  CB  Radio  Station  with  a  non-  type-  accepted  transmitter,  with  a  transmitter  output  power 
 greater  than  four  watts  carrier  power  in  the  AM  (A3)  mode,  and  with  an  external  RF  power  amplifier,  in 
 willful  and  repeated  violation  of  Sections  95.409(  a),  95.410(  a)  and  95.411(  a)(  1)  of  the  Rules. 


 4.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.80  of  the 
 Rules  5  within  30  days  of  the  release  of  this  Order.  If  the  forfeiture  is  not  paid  within  the  period  specified, 


 1  47  C.  F.  R.  §§  95.409(  a),  95.  410(  a)  and  95.411(  a)(  1). 
 2  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200132400001  (Enf.  Bur.,  Philadelphia 
 Office,  released  January  8,  2001). 
 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. 
1
 Federal  Communications  Commission  DA  01-  974 
 2 
 the  case  may  be  referred  to  the  Department  of  Justice  for  collection  pursuant  to  Section  504(  a)  of  the  Act.  6 
 Payment  shall  be  made  by  mailing  a  check  or  similar  instrument,  payable  to  the  order  of  the  Federal 
 Communications  Commission,  to  the  Federal  Communications  Commission,  Forfeiture  Collection 
 Section,  Finance  Branch,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  should  note  the 
 NAL/  Acct.  No.  referenced  above.  Requests  for  full  payment  under  an  installment  plan  should  be  sent  to: 
 Chief,  Revenue  and  Receivables  Operations  Group,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554.  7 


 5.  IT  IS  FURTHER  ORDERED  that,  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail, 
 Return  Receipt  Requested,  to  Jerry  Smith,  125  Commonwealth  Avenue,  Claymont,  DE  19703. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 


 6  47  U.  S.  C.  §  504(  a). 
 7  See  47  C.  F.  R.  §  1.1914. 
2