**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Mr. Jerry Smith ) File No. EB-00-PA-414

)

125 Commonwealth Ave. ) NAL/Acct. No. 200132400001

Claymont, Delaware )

## FORFEITURE ORDER 

**Adopted: April 18, 2001 Released: April 20, 2001**

By the Chief, Enforcement Bureau:

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of thirteen thousand five hundred dollars
    (\$13,500) to Jerry Smith for willful and repeated violations of
    Sections 95.409(a), 95.410(a) and 95.411(a)(1) of the Commission's
    Rules ("Rules").[^1] The noted violations involve Mr. Smith's
    operation of a Citizens Band ("CB") Radio Station with a
    non-type-accepted transmitter, with a transmitter output power
    greater than four watts carrier power in the AM (A3) mode, and with
    an external RF power amplifier.

2.  On January 8, 2001, the Commission's Philadelphia, Pennsylvania
    Field Office issued a *Notice of Apparent Liability for Forfeiture*
    ("*NAL*") in the amount of thirteen thousand five hundred dollars
    (\$13,500) to Mr. Smith for the noted violations.[^2] Mr. Smith has
    not filed a response. Based on the information before us, we affirm
    this 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 Rules,[^4] Jerry Smith IS LIABLE
    FOR A MONETARY FORFEITURE in the amount of thirteen thousand dollars
    (\$13,500) for operating a CB Radio Station with a non-type-accepted
    transmitter, with a transmitter output power greater than four watts
    carrier power in the AM (A3) mode, and with an external RF power
    amplifier, in willful and repeated violation of Sections 95.409(a),
    95.410(a) and 95.411(a)(1) of the Rules.

4.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules[^5] 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.[^6] 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, Forfeiture Collection Section, Finance
    Branch, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
    should note the NAL/Acct. No. referenced above. 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.[^7]

5.  IT IS FURTHER ORDERED that, a copy of this *Order* shall be sent by
    Certified Mail, Return Receipt Requested, to Jerry Smith, 125
    Commonwealth Avenue, Claymont, DE 19703.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§ 95.409(a), 95.410(a) and 95.411(a)(1).

[^2]: ^?^ *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200132400001 (Enf. Bur., Philadelphia Office, released January 8,
    2001).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 504(a).

[^7]: *See* 47 C.F.R. § 1.1914.