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 Federal  Communications  Commission  DA  02-  1298 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  File  No.:  EB-  01-  NY-  493  ) 
 Rev.  Dr.  Philius  Nicholas  )  NAL/  Acct.  No.  200232380001  ) 
 Brooklyn,  New  York  )  FRN  0006-  0775-  23 


 FORFEITURE  ORDER 
 Adopted:  May  31,  2002  Released:  June  5,  2002 
 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)  to  Rev.  Dr.  Philius  Nicholas  (“  Rev.  Dr.  Nicholas”)  for  willful  violation  of 
 Section  301  of  the  Communications  Act  of  1934,  as  amended  (“  Act”).  1  The  noted  violation  involves  Rev.  Dr.  Nicholas's  operation  of  a  radio  transmitter  on  frequency  88.1  MHz  without  a  license. 


 2.  On  January  10,  2002,  the  District  Director  of  the  Commission's  New  York  Field  Office  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  2  in  the  amount  of  $10,000  to  Rev.  Dr.  Nicholas. 
 Rev.  Dr.  Nicholas  has  not  filed  a  response  to  the  NAL.  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  ("  Rules"),  4  Rev.  Dr.  Philius  Nicholas 
 IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  $10,000  for  willfully  violating  Section  301  of  the  Act. 


 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, 
 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,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482.  The  payment  should  note  NAL/  Acct.  No.  200232380001,  and  FRN  0006- 


 1  47  U.  S.  C.  §  301. 
 2  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200232380001  (Enf.  Bur.,  New  York  Field 
 Office,  released  January  10,  2002). 


 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. 
 6  47  U.  S.  C.  §  504(  a). 
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 Federal  Communications  Commission  DA  02-  1298 
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 0775-  23.  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  this  Order  shall  be  sent  by  regular  mail  and  by  certified  mail,  return  receipt  requested,  to  Rev.  Dr.  Philius  Nicholas,  1488  New  York  Avenue,  Brooklyn, 
 New  York  11210. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 7  See  47  C.  F.  R.  §  1.1914. 
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