*Pages 1--2 from Microsoft Word - 49180.doc* Federal Communications Commission DA 05- 1599 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Samuel E. Dacres Stone Mountain, Georgia ) ) ) ) ) File Number EB- 04- AT- 127 NAL/ Acct. No. 200532480001 FRN: 0012556692 FORFEITURE ORDER Adopted: June 6, 2005 Released: June 8, 2005 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of ten thousand dollars ($ 10,000) to Samuel E. Dacres for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (“ Act”). 1 The noted violation involves Mr. Dacres’ operation of an FM radio transmitter without a license. 2. On February 25, 2005, the District Director of the Commission’s Atlanta Field Office (“ Atlanta Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $10,000 to Mr. Dacres. 2 Mr. Dacres 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 (“ Act”), 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Commission’s Rules, 4 Samuel E. Dacres IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly operating an FM radio transmitter without a license in violation of 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 of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/ Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P. O. Box 358340, Pittsburgh, PA 15251- 8340. Payment by overnight mail may be sent 1 47 U. S. C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200532480001 (Enf. Bur., Atlanta Office, released February 25, 2005). 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 05- 1599 2 to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911- 6106. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables 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 Samuel E. Dacres at his address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2