******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. 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 WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) ) In the Matter of ) ) FM Broadcast Station KQBE ) Peak Communications, Inc. ) NAL/Acct. No. 915ST0006 Ellensburg, Washington 98926 ) ) FORFEITURE ORDER Adopted: August 24, 1999 Released: August 25, 1999 By the Director, Legal Services Group, Compliance and Information Bureau: 1. Before the Compliance and Information Bureau is a Notice of Apparent Liability ("NAL"), issued on June 15, 1999. The NAL proposed imposition of a forfeiture against Peak Communications, Inc. ("Peak Communications") in the amount of eight thousand dollars ($8,000) pursuant to Section 503(b) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  503(b), and Section 1.80 of the Commission's Rules ("the Rules"), 47 C.F.R.  1.80, for willful violation of Section 11.35 of the Commission's Rules, 47 C.F.R.  11.35. For the reasons stated below, we affirm the monetary forfeiture issued in the amount of $8,000. 2. We note that Peak Communications had thirty days to respond to the NAL, but failed to do so. Based on the information before us, we affirm the fine. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, Section 1.80 of the Rules, and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. pending, Peak Communications IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willful violation of Section 11.35 of the Commission's Rules. 4. IT IS FURTHER ORDERED that, pursuant to Section 1.80(f) of the Rules, 47 C.F.R.  1.80(f), Peak Communications shall, within thirty (30) days of the release of this Forfeiture Order, pay the amount of eight thousand dollars ($8,000). Payment of the forfeiture shall be made by check or money order drawn on a U.S. financial institution payable to the Federal Communications Commission. Payment may also be made by credit card with the appropriate documentation. The remittance should be marked NAL/Acct. No. 915ST0006, and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 Petitions for reconsideration pursuant to Section 1.106 of the Rules, 47 C.F.R.  1.106, or applications for review pursuant to Section 1.115 of the Rules, 47 C.F.R.  1.115, should be sent to: Office of the Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 ATTN: Mail Stop 1500E3-DLH Compliance and Information Bureau Forfeiture penalties not paid within 30 days will be referred to the U.S. Attorney for recovery in a civil suit, 47 U.S.C.  504(a). 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return receipt requested, to Peak Communications, Inc., FM Broadcast Station KQBE, 103 East 4th Suite 209, Ellensburg, Washington 98926. FEDERAL COMMUNICATIONS COMMISSION Ricardo M. Durham Director, Legal Services Group Compliance Division Compliance and Information Bureau