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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 ) ) Eddie Bond ) Former Licensee of Station WOHT(FM) ) Drew, Mississippi ) ) For a Forfeiture ) MEMORANDUM OPINION AND ORDER Adopted: June 26, 1998 Released: June 29, 1998 By the Chief, Mass Media Bureau: 1. Before us is a letter filed by Eddie Bond ("Bond") seeking reconsideration of a Memorandum Opinion and Order and Forfeiture Order, released on December 1, 1997, by the Chief, Mass Media Bureau ("Bureau"). In the Forfeiture Order, the Bureau imposed a $15,000 forfeiture against Eddie Bond ("Bond"). Bond requests that the forfeiture be reduced because he is unable to pay that amount. Based on our analysis of the financial information furnished by Bond, we find reduction of the forfeiture is warranted and accordingly, reduce the forfeiture to $5,000. 2. On November 6, 1995, the Bureau issued a Notice of Apparent Liability ("NAL") to Bond pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Communications Act"), under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. In the NAL, the Bureau found that Bond had engaged in three unauthorized transfers of control of the license for Station WOHT(FM) (formerly and hereafter referred to as Station WKZB(FM)), Drew Mississippi, in violation of Section 310 of the Communications Act and Section 73.3540 of the Commission's Rules. As a result of these violations, Bond was assessed a forfeiture of $15,000. 3. Bond responded to the NAL with two letters claiming that the forfeiture should either be reduced or rescinded because he is unable to pay and because he is no longer a Commission licensee. He did not dispute the determination that he engaged in three unauthorized transfers of control of Station WKZB. By letter dated May 15, 1997, the Bureau informed Bond that his showing in support of his claim of inability to pay was insufficient and described the type of detailed financial information that is necessary to support such a claim. Despite the instructions contained in the Bureau's letter of May 15, 1997, Bond did not provide any of the detailed financial information required to support a claim of inability to pay. Accordingly, because the Bureau was unable to accurately assess Bond's current financial condition, his request for reduction of the forfeiture was denied. In addition, the Bureau rejected Bond's argument that the forfeiture be rescinded because he is no longer a Commission licensee. Specifically, the Bureau noted that the assignment of WKZB from Bond to Delta Radio, Inc. ("Delta") was granted without prejudice to possible enforcement action by the Commission against any and/or all parties involved in the operation of WKZB from October 1991, the time of the first unauthorized transfer of control, until June 29, 1994, the date of the assignment of the license to Delta. 4. In his request for reconsideration, Bond again claims that he is unable to pay a $15,000 forfeiture. He asks that the forfeiture be reduced to $1,500, payable in three monthly installments of $500 each. Bond states that he is in poor health and therefore unable to work. In support of his position, Bond submits a letter from John W. Thomas ("Thomas"), a certified public accountant. Thomas states that he has been Bond's accountant for 40 years and has prepared his income tax returns for that many years. Thomas' letter and supplement reiterate the information contained in Bond's letter and also include details concerning the source and amount of Bond's income and assets. 5. We find that the financial information contained in Bond's request for reconsideration, Thomas' letter and Bond's income tax return justifies a reduction in the forfeiture amount. Section 1.80 (f)(3) provides, in pertinent part, that responses to notices of apparent liability requesting that "the forfeiture not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." Bond has now produced the required documented financial information. Based on the information contained therein, we reduce the forfeiture to $5,000. We note that in both his response to the NAL and request for reconsideration, Bond offered to pay a reduced forfeiture amount of $1,500 in three monthly installments of $500 each. If he wishes to arrange an installment payment plan for payment of the $5,000 forfeiture, he should address his request to: Regina Dorsey, Chief Billings and Collection Branch Financial Operations Division Office of Managing Director Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 6. Accordingly, IT IS ORDERED, that the request for reconsideration filed by Eddie Bond IS GRANTED to the extent provided herein. 7. IT IS FURTHER ORDERED, that pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. Section 503(b), that Eddie Bond FORFEIT to the United States the sum of five thousand dollars ($5,000) for willful and repeated violations of Section 73.3540 of the Commission's Rules, 47 C.F.R. Section 73.3540. Payment of the forfeiture may be made by mailing to the Commission a check or similar instrument payable to the Federal Communications Commission. 8. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested, copies of this Memorandum Opinion and Order to Eddie Bond. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau