*Pages 1--2 from Microsoft Word - 20272.doc* Federal Communications Commission DA 02- 1834 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No.: EB- 01- TP- 399 ) Joseph S. McCreary ) NAL/ Acct. No. 200232700006 ) Pensacola, Florida ) FRN 0006- 9319- 84 FORFEITURE ORDER Adopted: July 29, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of five thousand dollars ($ 5, 000) to Joseph S. McCreary for willful violation of Section 95. 411 of the Commission’s Rules (“ the Rules”). 1 The noted violation involves Mr. McCreary’s usage of an external radio frequency power amplifier as part of his Citizens Band Radio station. 2. On May 7, 2002, the District Director of the Commission’s Tampa, Florida Field Office issued a Notice of Apparent Liability for Forfeiture (“ NAL”) 2 in the amount of $5,000 to Mr. McCreary. Mr. McCreary 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 Communications Act of 1934, as amended (“ the Act”), 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 Mr. McCreary IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willfully violating Section 95.411 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, 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. 200232700006, and FRN 0006- 1 47 C. F. R. § 95.411. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200232700006 (Enf. Bur., Tampa Field Office, released May 7, 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). 1 Federal Communications Commission DA 02- 1834 2 9319- 84. 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 Joseph S. McCreary, 3305 Bayou Boulevard, Pensacola, Florida 32503. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 7 See 47 C. F. R. § 1.1914. 2