Federal Communications Commission DA 15-51 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Brian Crow Licensee of Amateur Radio Station K3VR North Huntingdon, Pennsylvania ) ) ) ) ) ) File No.: EB-FIELDNER-14-00014489 NAL/Acct. No.: 201432400010 FRN: 0009895590 FORFEITURE ORDER Adopted: January 13, 2015 Released: January 13, 2015 By the Regional Director, Northeast Region, Enforcement Bureau: 1. We impose a penalty of $11,500 against amateur radio station operator Brian Crow for intentionally causing interference to other amateur radio operators and failing to provide station identification. The Commission warned Mr. Crow in writing about causing interference to other amateur radio operators prior to this action. The fact that Mr. Crow would ignore the Commission’s warning demonstrates a deliberate disregard for the Commission’s authority and its rules, warranting a significant penalty. 2. On July 22, 2014, the Enforcement Bureau’s Philadelphia Office issued a Notice of Apparently Liability (NAL) proposing an $11,500 forfeiture against Mr. Crow for willful and repeated violation of Section 333 of the Communications Act of 1934, as amended (Act), 1 and Sections 97.101(d) and 97.119(a) of the Commission’s rules (Rules) 2 by causing intentional interference to licensed radio operations and failing to transmit his assigned call sign in the Amateur Radio Service. 3 Mr. Crow has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture proposed in the NAL. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules, Brian Crow IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand five hundred dollars ($11,500) for willfully and repeatedly violating of Section 333 of the Act and Sections 97.101(d) and 97.119(a) of the Rules. 4 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar days after the release date of this Forfeiture Order. 5 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 Act. 6 1 47 U.S.C. § 333. 2 47 C.F.R. §§ 97.101(d), 97.119(a). 3 Brian Crow, Notice of Apparent Liability for Forfeiture, 29 FCC Rcd 8591 (Enf. Bur. 2014) (NAL). A comprehensive recitation of the facts and history of this case can be found in the NAL and is incorporated herein by reference. 4 47 U.S.C. §§ 333, 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80, 97.101(d), 97.119(a). 5 47 C.F.R. § 1.80. 6 47 U.S.C. § 504(a). Federal Communications Commission DA 15-51 2 5. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. Brian Crow shall send electronic notification of payment to NER-Response@fcc.gov on the date said payment is made. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted. 7 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 selected: ? 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. 6. 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. 8 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. 7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first class mail and certified mail, return receipt requested, to Brian Crow at his address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 7 An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 8 See 47 C.F.R. § 1.1914.