Federal Communications Commission DA 08-1754 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Michael T. Kersnowski d/b/a www.radioactiveradios.com Salem, Oregon ) ) ) ) ) ) File Number: EB-08-PO-0044 NAL/Acct. No.: 200832920002 FRN: 0017594524 FORFEITURE ORDER Adopted: July 28, 2008 Released: July 30, 2008 By the Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Michael T. Kersnowski ("Kersnowski"), d/b/a www.radioactiveradios.com, in Salem, Oregon, for willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended (“Act”),1 and Section 2.803(a)(1) of the Commission's Rules ("Rules").2 The noted violations involve Kersnowski’s marketing and offering for sale non-certified Citizens Band (“CB”) transceivers. 2. On March 28, 2008, the Resident Agent of the Enforcement Bureau’s Portland Resident Agent Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $7,000 to Kersnowski for offering for sale non-certified CB transceivers in violation of Section 302(b) of the Act and Section 2.803(a)(1) of the Rules.3 Despite evidence that Kersnowski and his counsel received the NAL, Kersnowski 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,4 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules,5 Michael T. Kersnowski, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for willfully and repeatedly violating Section 302(b) of the Act,6 and Section 2.803(a)(1) of the Rules.7 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 1 47 U.S.C. § 302a(b). 2 47 C.F.R. § 2.803(a)(1). 3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920002 (Enf. Bur., Western Region, Portland Resident Agent Office, released March 28, 2008). 4 47 U.S.C. § 503(b). 5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 6 47 U.S.C. § 302a(b). 7 47 C.F.R. § 2.803(a)(1). Federal Communications Commission DA 08-1754 2 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.8 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Michael T. Kersnowski shall also send electronic notification on the date said payment is made to WR-Response@fcc.gov. 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 Michael T. Kersnowski, at his address of record, and Michael Olson, his counsel of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 8 47 U.S.C. § 504(a).