Federal Communications Commission DA 14-340 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Nathaniel Johnson Owner and Operator of Citizens Band Station, Pittsburgh, Pennsylvania ) ) ) ) ) ) File No.: EB-FIELDNER-12-00002628 NAL/Acct. No.: 201332400002 FRN: 0022693972 FORFEITURE ORDER Adopted: March 12, 2014 Released: March 12, 2014 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of eighteen thousand dollars ($18,000) to Nathaniel Johnson, owner and operator of a Citizens Band (CB) Station in Pittsburgh, Pennsylvania, for violating Section 303(n) of the Communications Act of 1934, as amended,1 and Sections 95.426(a) and 95.423 of the Commission’s rules.2 The noted violations involved Mr. Johnson’s willful and repeated failure to make his CB station available for inspection by authorized FCC representatives and willful failure to comply with the restricted hours of CB Station operation set forth in an official FCC notice. 2. On May 14, 2013, the Enforcement Bureau’s Philadelphia Office issued a Notice of Apparent Liability for Forfeiture and Order (NAL) in the amount of $18,000 to Mr. Johnson.3 Although we have evidence that Mr. Johnson received a copy of the NAL sent by Certified Mail, Mr. Johnson 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,4 and Sections 0.111, 0.204, 0.311, and 1.80(f)(4) of the Commission’s rules,5 Nathaniel Johnson IS LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand dollars ($18,000) for violations of Section 303(n) of the Communications Act of 1934, as amended, and Sections 95.426(a) and 95.423 of the Commission’s rules.6 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission’s rules within thirty (30) calendar days after the release date of this Order.7 If the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Communications Act of 1934, as amended.8 Nathaniel Johnson shall send electronic notification of payment to NER-Response@fcc.gov 1 47 U.S.C. § 303(n). 2 47 C.F.R. §§ 95.426(a) and 95.423. 3 Nathaniel Johnson, Notice of Apparent Liability for Forfeiture and Order, 28 FCC Rcd 7034 (Enf. Bur. 2013). 4 47 U.S.C. § 503(b). 5 47 C.F.R. §§ 0.111, 0.204, 0.311, 1.80(f)(4). 6 47 U.S.C. § 303(n); 47 C.F.R. §§ 95.426(a) and 95.423. 7 47 C.F.R. § 1.80. 8 47 U.S.C. § 504(a). Federal Communications Commission DA 14-340 2 on the date said payment is made. The payment must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.9 When completing the FCC Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below are additional instructions you should follow based on the form of payment you select: ? Payment by check or money order must be made payable to the order of the Federal Communications Commission. Such payments (along with the completed Form 159) must be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197- 9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2- GL, 1005 Convention Plaza, St. Louis, MO 63101. ? Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the same business day the wire transfer is initiated. ? Payment by credit card must be made by providing the required credit card information on FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment. The completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 5. Any request for making full payment over time under an installment plan should be sent to: Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554.10 If you have questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class Mail and Certified Mail, Return Receipt Requested, to Nathaniel Johnson at his address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director Northeast Region Enforcement Bureau 9 An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 10 See 47 C.F.R. § 1.1914.