*Pages 1--2 from Microsoft Word - 38479* Federal Communications Commission DA 04- 1411 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) File No.: EB- 03- PA- 029 ) Best Wok ) NAL/ Acct. No. 200432400001 ) Westville, New Jersey ) FRN 0009- 3455- 62 ) FORFEITURE ORDER Adopted: May 19, 2004 Released: May 21, 2004 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 Best Wok in Westville, New Jersey, for willful violation of Section 301 of the Communications Act of 1934, as amended, (“ Act”). 1 The noted violation involves Best Wok‘ s operation of radio transmitting equipment on the frequency 145.8376 MHz without Commission authorization. 2. On February 26, 2004, the District Director of the Commission’s Philadelphia, Pennsylvania Field Office (“ Philadelphia Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $10,000 to Best Wok. 2 Best Wok 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 Rules, 4 Best Wok 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 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. 5 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. 200432400001 and FRN 0009- 1 47 U. S. C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432400001 (Enf. Bur., Philadelphia Office, released February 26, 2004). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 04- 1411 2 3455- 62. 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. 6 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Best Wok, 1070 Delsea Drive, Westville, New Jersey 08093. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2