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Terry L. Van Volkenburg

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Released: March 19, 2014

Federal Communications Commission

DA 14-312

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Terry L. Van Volkenburg
) File No.: EB-FIELDSCR-12-00004202
) NAL/Acct. No.: 201332700001
Cocoa, Florida
) FRN: 0002825925

ORDER

Adopted: March 19, 2014

Released: March 19, 2014

By the Regional Director, South Central Region, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau of the Federal Communications Commission (Bureau) and Terry L. Van
Volkenburg. The Consent Decree terminates the investigation and Notice of Apparent Liability for
Forfeiture issued by the Bureau of possible violations of Sections 301 and 333 of the Communications Act
of 1934, as amended,1 concerning Mr. Van Volkenburg’s operation of a radio transmitter on the frequency
465.300 MHz.
2.
The Bureau and Mr. Van Volkenburg have negotiated the terms of a Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto and incorporated herein by
reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree, terminating the
investigation.
4.
Accordingly,

IT IS ORDERED

, pursuant to Section 4(i) and 503(b) of the
Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Commission’s rules,3 the
Consent Decree attached to the Order

IS ADOPTED

.
5.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.


1 47 U.S.C. §§ 301, 333.
2 47 U.S.C. §§ 154(i), 503(b).
3 47 U.S.C. §§ 0.111, 0.311.

Federal Communications Commission

DA 14-312

6.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by first class mail and certified mail, return receipt requested to Terry L. Van Volkenburg at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director
South Central Region
Enforcement Bureau
2

Federal Communications Commission

DA 14-312

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Terry L. Van Volkenburg
)
File No.: EB-FIELDSCR-12-00004202
)
NAL/Acct. No.: 201332700001
Cocoa, Florida
)
FRN: 0002825925

CONSENT DECREE

1.
The Enforcement Bureau of the Federal Communications Commission (Bureau), by its
authorized representative, and Terry L. Van Volkenburg, hereby enter into this Consent Decree for the
purpose of terminating the Bureau’s investigation into Mr. Van Volkenburg’s violations of Sections 301
and 333 of the Communications Act of 1934, as amended.1

I.

DEFINITIONS

2.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all of
its bureaus and offices.
(e) “Communications Laws” means collectively, the Act, the Rules, and the published
and promulgated orders and decisions of the Commission to which Mr. Van
Volkenburg is subject by virtue of his operation of radio transmitting equipment.
(f) “Effective Date” means the date on which the Bureau releases the Adopting Order.
(g) “Investigation” means the investigation commenced by the Bureau regarding Mr.
Van Volkenburg’s operation of a radio transmitter on the frequency 465.300 MHz
and interfering with licensed communications, which resulted in the issuance of a
Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1927 (NAL).2
(h) “Parties” means Mr. Van Volkenburg and the Bureau, each of which is a “Party.”


1 47 U.S.C. §§ 301, 333.
2 Terry L. Van Volkenburg, Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1927 (Enf. Bur. 2013).
1

Federal Communications Commission

DA 14-312

(i) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.

II.

BACKGROUND

3.
Section 301 of the Act states that no person shall use or operate any apparatus for the
transmission of energy or communications or signals by radio within the United States, except under and
in accordance with the Act and with a license granted under the provisions of the Act.3 Section 333 of the
Act states that “[n]o person shall willfully or maliciously interfere with or cause interference to any radio
communications of any station licensed or authorized by or under this Act or operated by the United
States Government.”4
4.
In September 2012, the Bureau initiated an investigation in response to a complaint of
radio interference from the Brevard County Sheriff’s Department. The Bureau subsequently determined
that Mr. Van Volkenburg operated a radio transmitter on the frequency 465.300 MHz, without a license,
from his residence in Cocoa, Florida, which interfered with the licensed wireless radio communications
system used by the Sheriff’s Department in the county jail. On March 1, 2013, the Enforcement Bureau
issued the NAL to Mr. Van Volkenburg and found him apparently liable for a $25,000 forfeiture for his
apparent violations of Sections 301 and 333 of the Act.
5.
In response to the NAL, Mr. Van Volkenburg provided financial documentation
demonstrating that he is unable to pay the proposed forfeiture.

III.

TERMS OF AGREEMENT

6.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order.
7.

Jurisdiction

. Mr. Van Volkenburg agrees that the Bureau has jurisdiction over him and
the matters contained in this Consent Decree and has the authority to enter into and adopt this Consent
Decree.
8.

Effective Date; Violations

. The Parties agree that this Consent Decree shall become
effective on the Effective Date. As of the Effective Date, the Adopting Order and this Consent Decree
shall have the same force and effect as any other order of the Commission. Any violation of the Adopting
Order or of the terms of this Consent Decree shall constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant to the enforcement of a
Commission order.
9.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, Mr. Van
Volkenburg agrees to the terms, conditions, and procedures contained herein. The Bureau further agrees
that in the absence of new material evidence, the Bureau will not use the facts developed in the
Investigation through the Effective Date, or the existence of this Consent Decree, to institute on its own


3 47 U.S.C. § 301.
4 47 U.S.C. § 333.
2

Federal Communications Commission

DA 14-312

motion any new proceeding, formal or informal, or take any action on its own motion against Mr. Van
Volkenburg concerning the matters that were the subject of the Investigation.
10.

Relinquishment of Amateur License

. Mr. Van Volkenburg holds an amateur license
(call sign KC5RF), which did not authorize him to operate on the frequency 465.300 MHz. In
consideration for the termination of the Investigation, Mr. Van Volkenburg agrees to relinquish his
amateur license. Mr. Van Volkenburg provided a signed letter requesting the Commission cancel his
amateur license prior to signing this Consent Decree.
11.

Voluntary Contribution

. Mr. Van Volkenburg agrees that he will make a voluntary
contribution to the United States Treasury in the amount of one thousand dollars ($1,000) (“Voluntary
Contribution”) in ten equal installments (each an Installment Payment). The first Installment Payment of
one hundred dollars ($100) must be made within thirty (30) calendar days after the Effective Date. Each
successive Installment Payment of one hundred dollars ($100) shall be due on the first day of the next
nine (9) months following the initial Installment Payment. Mr. Van Volkenburg acknowledges and
agrees that upon execution of this Consent Decree the Voluntary Contribution and each Installment
Payment shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1). Upon an Event of
Default (as defined below), all procedures for collection as permitted by law may, at the Commission’s
discretion, be initiated. In addition, Mr. Van Volkenburg agrees that he will make the first and all
subsequent Installment Payments in United States Dollars without further demand or notice by the dates
specified above. Installment Payments must be made by check or similar instrument, wire transfer, or
credit card, and must include the NAL/Account Number and FRN referenced above. Mr. Van
Volkenburg shall also send electronic notification of each Installment Payment on the date said payment
is made to SCR-Response@fcc.gov. Regardless of the form of payment, a completed FCC Form 159
(Remittance Advice) must be submitted. 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:
Ÿ
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.
Ÿ
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.
Ÿ
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.
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.
3

Federal Communications Commission

DA 14-312

12.

Event of Default

. Mr. Van Volkenburg agrees that an Event of Default shall occur upon
his failure to pay the full amount of any Installment Payment on or before the due date specified in this
Consent Decree.
13.

Interest, Charges for Collection, and Acceleration of Maturity Date

. After an Event
of Default has occurred under this Consent Decree, the then unpaid amount of the Voluntary Contribution
shall accrue interest, computed using the rate of the U.S. Prime Rate in effect on the date of the Event of
Default plus 4.75 percent, from the date of the Event of Default until payment in full. Upon an Event of
Default, the then unpaid amount of the Voluntary Contribution, together with interest, as aforesaid, any
penalties permitted and/or required by the law, including but not limited to interest and penalties
permitted under 31 U.S.C. § 3717 and administrative charge(s), plus the costs of collection, litigation, and
attorneys’ fees, shall become immediately due and payable, without notice, presentment, demand, protest,
or notice of protest of any kind, all of which are waived by Mr. Van Volkenburg.
14.

Waivers

. Mr. Van Volkenburg waives any and all rights he may have to seek
administrative or judicial reconsideration, review, appeal, or stay, or to otherwise challenge or contest the
validity of this Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order as
defined herein. Mr. Van Volkenburg shall retain the right to challenge Commission interpretation of the
Consent Decree or any terms contained herein. If either Party (or the United States on behalf of the
Commission) brings a judicial action to enforce the terms of the Adopting Order, neither Mr. Van
Volkenburg nor the Commission shall contest the validity of the Consent Decree or of the Adopting
Order, and Mr. Van Volkenburg shall waive any statutory right to a trial de novo. Mr. Van Volkenburg
hereby agrees to waive any claims he may have under the Equal Access to Justice Act, 5 U.S.C. § 504 and
47 C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.
15.

Invalidity

. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
16.

Subsequent Rule or Order

. The Parties agree that if any provision of the Consent
Decree differs from any subsequent Rule or order adopted by the Commission (except an order
specifically intended to revise the terms of this Consent Decree to which Mr. Van Volkenburg does not
expressly consent) regarding the same subject matter, that provision will be superseded by such Rule or
Commission order.
17.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation. Mr. Van Volkenburg
admits, solely for the purpose of this Consent Decree and for Commission civil enforcement purposes,
and in express reliance on the provisions of paragraph 9 herein, that his radio operations on the frequency
465.300 MHz, which were the subject of the Investigation, violated the Communications Laws.
18.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
19.

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
20.

Authorized Representative

. The FCC signatory represents that he is signing this
Consent Decree in his official capacity and that he is authorized to execute this Consent Decree.
4

Federal Communications Commission

DA 14-312

21.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
Dennis P. Carlton
Regional Director
South Central Region
Enforcement Bureau
________________________________
Date
________________________________
Terry L. Van Volkenburg
________________________________
Date
5

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