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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
American Radio Brokers, Inc.    )    File No. EB-00-AN-033
                                )
Licensee of Station KAXX(AM)   )     NAL/Acct. No.  X3278001
Eagle River, Alaska            ) 
                                )
                                   
                  MEMORANDUM OPINION AND ORDER 

Adopted:  March 30, 2001                Released:  April 3, 2001

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  deny a  petition for  reconsideration filed  by American  Radio 
  Brokers,  Inc. (``American''),  licensee of  Station  KAXX(AM), 
  Eagle  River, Alaska,  of a  Forfeiture Order1  which issued  a 
  $4,000  forfeiture against  American for  willful violation  of 
  Section 1.89(b)  of the Commission's  Rules (``Rules'').2   The 
  noted  violation involved  the failure  to respond  to  written 
  Commission inquiries.

                           II.  BACKGROUND

2.        On January 21, 1999,  agents from the FCC's  Anchorage, 
  Alaska Resident  Agent Office (``Anchorage Office'')  inspected 
  Station KAXX(AM).  During  the inspection, the agents  observed 
  numerous violations  of the Commission's  rules involving  lack 
  of  station authorization  or renewals,  equipment  performance 
  measurements  and  logs,  administrative  and  station   files, 
  improper  transmission   system  control  and  tower   lighting 
  monitoring.  

3.        On June 11, 1999, the Anchorage Office sent a Notice of 
  Violation  (``NOV'')  to  American  detailing  the   violations 
  observed during the  January 21, 1999 inspection and  requiring 
  a written response from American within 20 days.  American  did 
  not respond  to this NOV.  On or  around July 1, 1999,  Chester 
  Coleman, president and owner of American, called the  Anchorage 
  Office and  requested an extension  of time to  respond to  the 
  NOV.   The  Anchorage   Office  orally  granted  the   request.  
  However, American did not respond to the NOV.  

4.        On November 3, 1999, the Anchorage Office sent a second 
  NOV to American, citing American for failing to respond to  the 
  first NOV and directing  American to provide a response to  the 
  first NOV  within 15  days.  American  did not  respond to  the 
  second NOV.   On or around  March 1, 2000,  Mr. Coleman  called 
  the Anchorage Office on  a unrelated matter.  At this time,  an 
  agent from  the Anchorage Office reminded  Mr. Coleman that  he 
  had  not yet  responded to  either of  the NOVs.   Mr.  Coleman 
  asked for another extension of time to respond.  The  Anchorage 
  Office granted American  a 30-day extension of time to  respond 
  to the  NOVs and  warned Mr.  Coleman that  failure to  respond 
  within  30  days  could  result  in  administrative  sanctions.  
  American did not respond to the NOVs within the 30-day period.  

5.        On July 28, 2000,3 the Anchorage Office issued a Notice 
  of Apparent  Liability for Forfeiture  (``NAL'') in the  amount 
  of  $4,000  to  American for  failure  to  respond  to  written 
  Commission inquiries  in willful violation  of Section  1.89(b) 
  of the Rules.4  American did not respond to the NAL.   

6.        On October 13,  2000, the Enforcement  Bureau issued  a 
  Forfeiture  Order   assessing  a   $4,000  forfeiture   against 
  American  for   failure  to  respond   to  written   Commission 
  inquiries  in  willful violation  of  Section  1.89(b)  of  the 
  Rules.  American  filed a petition  for reconsideration of  the 
  Forfeiture Order  on November 13,  2000, seeking rescission  of 
  the forfeiture amount.   In the petition, American claims  that 
  it  cannot be  charged  with  a violation  of  Section  1.89(b) 
  because  it recently  responded  to  the NOV  and  provided  an 
  explanation  as  to  why it  was  unable  to  respond  earlier.  
  American  also argues  that the  Commission ``lacks  the  moral 
  authority''  to  impose  forfeitures  on  its  regulatees   who 
  violate the Rules because the Commission itself often fails  to 
  comply   with  the   requirements   of  the   Rules   and   the 
  Communications Act of 1934, as amended (``Act'').

                           III.  DISCUSSION

7.        We reject American's  claim that it  cannot be  charged 
  with  a  violation  of  Section  1.89(b)  because  it  recently 
  responded to the NOV  and provided an explanation as to why  it 
  was unable  to respond earlier.  Section  1.89(b) of the  Rules 
  explicitly  requires the  recipient of  an  NOV to  respond  in 
  writing to that Notice within ten days of receipt or any  other 
  time  period  specified  within  the  NOV.   If  an  answer  or 
  acknowledgement of the NOV cannot be made within the  specified 
  period due to ``illness or other unavoidable circumstance,''  a 
  response still must be submitted ``at the earliest  practicable 
  date  with a  satisfactory explanation  of the  delay.''5   The 
  Anchorage Office issued the  first NOV to American on June  11, 
  1999.  Despite being granted two extensions of time to  respond 
  and  being explicitly  warned  that failure  to  respond  could 
  result in administrative  sanctions, American did not submit  a 
  response to  this NOV until November  9, 2000, one month  after 
  the Forfeiture  Order was  issued.  The  only explanation  that 
  American  offers  for this  approximately  17  month  delay  in 
  responding is that  ``[t]he press of other exigent matters  has 
  prevented my response  until now.''  We conclude that  American 
  has  not  provided evidence  of  ``unavoidable  circumstances'' 
  that would  explain its  17 month  delay in  responding to  the 
  NOV.

8.        We also reject American's argument that the  Commission 
  ``lacks  the moral  authority'' to  impose forfeitures  on  its 
  regulatees who violate  the Rules.  Section 503(b) of the  Act6 
  and  Section   1.80  of  the   Rules7  clearly  authorize   the 
  Commission  to assess  forfeiture penalties  on regulatees  who 
  violate   the  Act   or  the   Rules.   American's   assertions 
  concerning  the  Commission's ``moral  authority''  provide  no 
  basis   for   reconsideration   of   the   Forfeiture    Order.  
  Accordingly, we deny its petition for reconsideration.

                        IV.  ORDERING CLAUSES

9.        ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
  405 of  the Act,8  and Section  1.106 of  the Rules,9  American 
  Radio  Brokers,  Inc.'s petition  for  reconsideration  of  the 
  Forfeiture Order IS DENIED.

10.       Payment of the forfeiture shall  be made in the  manner 
  provided for in Section  1.80 of the Rules10 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.11  Payment shall be made by mailing a  check 
  or similar  instrument, payable to the  order of the  ``Federal 
  Communications  Commission,''  to  the  Federal  Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment should note  the NAL/Acct. No. X3278001.  Requests  for 
  full  payment under  an installment  plan  should be  sent  to: 
  Chief,  Revenue  and Receivables  Operations  Group,  445  12th 
  Street, S.W., Washington, D.C. 20554.12

11.       IT IS FURTHER ORDERED that, a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  Chester 
  P.  Coleman,  c/o  American  Radio  Brokers,  Inc.,  1255  Post 
  Street, Suite  1011, San  Francisco, California  94109, and  to 
  David   Tillotson,   Esq.,   4606   Charleston   Terrace,   NW, 
  Washington, D.C. 20007-1911.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1   American Radio Brokers, Inc., 15 FCC Rcd 19712 (Enf.  Bur., 
2000).    

     2 47 C.F.R.  1.89(b).

  3   The Anchorage Office originally released the NAL and mailed 
it to American  via certified  mail return  receipt requested  on 
June 13, 2000.  The U.S. Postal Service certified mail card  came 
back to the Anchorage Office unsigned  on July 20, 2000, and  the 
unclaimed envelope containing the NAL came back to the  Anchorage 
Office on  July 26,  2000.  The  Anchorage Office  therefore  re-
released the NAL  and mailed  it to American  via certified  mail 
return receipt requested and regular first class mail on July 28, 
2000.  The U.S. Postal Service  certified mail card and  envelope 
containing the re-released NAL came back to the Anchorage  Office 
marked ``REFUSED'' on August 9, 2000.  The first class mail  copy 
of the re-released NAL was not returned to the Anchorage Office.

  4   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
X3278001 (Enf. Bur., Anchorage Office, released July 28, 2000).

  5   47 C.F.R.  1.89(b).    

  6   47 U.S.C.  503(b).     

  7   47 C.F.R.  1.80.  

  8   47 U.S.C.  405    

  9   47 C.F.R.  1.106. 

     10 47 C.F.R.  1.80.

     11 47 U.S.C.  504(a).

     12 See 47 C.F.R.  1.1914.