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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Zachery Broadcasting Company ) File No. EB-01-
AT-0040
Licensee of WDWZ(AM) )
West Point, Georgia ) NAL/Acct. No.
200132480001
FORFEITURE ORDER
Adopted: July 3, 2001 Released:
July 6, 2001
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty-four thousand
dollars ($24,000) against Zachery Broadcasting Company
(``Zachery''), licensee of WDWZ(AM), West Point, Georgia for
violating sections 11.35(a), 17.4(a), 17.48, 17.49, 17.50,
17.56, 73.49, and 73.3526 of the Commission's Rules
(``Rules'').1 The violations stem from Zachery's failure to
have Emergency Alert System equipment installed at WDWZ(AM),
its failure to follow the Rules pertaining to antenna
structures, and its failure to maintain a public inspection
file at WDWZ(AM).
2. On April 16, 2001, the District Director of the
Enforcement Bureau's Atlanta Field Office issued a Notice of
Apparent Liability (``NAL'') for Forfeiture in the amount of
twenty-four thousand dollars to Zachery.2 Zachery has not
filed a response. Based on the information before us, we
affirm this forfeiture.
3. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,3 and Sections 0.111, 0.311, and
1.80(f)(4) of the Commission's Rules,4 Zachery Broadcasting
Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$24,000 for violating sections 11.35(a), 17.4(a), 17.48,
17.49, 17.50, 17.56, 73.49, and 73.3526 of the Rules in its
operation of WDWZ(AM).
4. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Commission's
Rules,5 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 Communications Act of
1934, as amended.6 Payment may 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
NAL/Acct. No. 200132480001
The payment should note NAL/Acct. No. 200132480001
referenced above. 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. 20554.7
5. IT IS FURTHER ORDERED that copies of this Order
shall be sent by Certified Mail Return Receipt Requested to
Zachery Broadcasting Company, 602 North Cherry Drive,
Lanett, Alabama 36863, Radio Station WDWZ(AM), P.O. Box 873,
Lanett, Alabama 36863, and Willie Zachery, 1039 44th Avenue,
Lanett, Alabama 36863.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a), 17.4(a), 17.48, 17.49, 17.50,
17.56, 73.49, 17.3526.
2 Zachery Broadcasting Co., NAL/Acct. No. 200132480001
(Atlanta Field Office, Enf. Bur., rel. Apr. 16, 2001).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.