Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number: EB-08-PO-0044
Michael T. Kersnowski )
NAL/Acct. No.: 200832920002
d/b/a www.radioactiveradios.com )
FRN: 0017594524
Salem, Oregon )
)
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"), and Section 2.803(a)(1) of the
Commission's Rules ("Rules"). 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. 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,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,
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, and Section 2.803(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 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. 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
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832920002
(Enf. Bur., Western Region, Portland Resident Agent Office, released March
28, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803(a)(1).
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-1754
1
2
Federal Communications Commission DA 08-1754