FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,063
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the monetary forfeiture amount, we must also take into account the statutory factors set forth in section
503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the violations, and
with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other
such matters as justice may require." Applying the Forfeiture Polio' Statement, section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that Mr. Cernogg is apparently liable for a
forfeiture of S 10,000.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications
Act of 1934, as amended, and sections 0.1 1 1, 0.204(b), 0.3 1 1, 0.314, and 1.80 of the Commission's rules,
Willis Cernogg, Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars (S 10,000) for violations of section 301 of the Act.2
10. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission's rules,
within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Willis Cernogg,
Jr. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
I1. Payment of the forfeiture must be made by credit card, 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 I -A625,
Washington, D.C. 20554." If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQLUIRIESu fec.gox. If
payment is made, Willis Cemogg, Jr. shall send electronic notification on the date said payment is made
to SCR-Responscefa fcc.gO,
12. The written statement seeking reduction or cancellation of the proposed forfeiture, if any,
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant
to sections 1.16 and 1.80(t)(3) of the Rules.2 Mail the written statement to Federal Communications
Commission, Enforcement Bureau, South Central Region, Miami Office. P.O. Box 520617, Miami, Florida
33152 and include the NAL/Account number referenced in the caption. In addition, Willis Cemogg, Jr.
shall email the written response to SCR-Ricspon-eu:a flcc.g
13. The Commission will not consider reducing or canceling a forfeiture in response to a claim
15 FCC Red 303 (1999); 47 C.F.R. 1.80.
'" 47 U.S.C. , 503(b)(2)(E).
S47 U.S.C. 301, 503(b); 47 C'.F.R. 0.111, 0).204(b), 0.3 11, 0.314, 1.80.
-Se 47 C.F.R. 1.1914.
'47 C.F.R. 1.16, 1.80(f)(3)
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/87/: accessed June 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.