Click here for Microsoft Word Version
********************************************************
NOTICE
********************************************************
This document was converted from
WordPerfect or Word 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
Word or WordPerfect version or Adobe Acrobat version (above).
*****************************************************************
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: July 25, 2001 Released: July 27, 2001
By the Commission:
1. In this Memorandum Opinion and Order (``Order''), we
deny the May 3, 2001 application for review filed by American
Radio Brokers, Inc. (``American''), licensee of Station
KAXX(AM), Eagle River, Alaska, of a Memorandum Opinion and
Order1 (``MO&O'') issued by the Enforcement Bureau in this
proceeding. The MO&O denied American's petition for
reconsideration of a Forfeiture Order2 which imposed a $4,000
forfeiture against American for failure to respond to written
Commission inquiries in willful violation of Section 1.89(b)
of the Commission's Rules (``Rules'').3 American's only
argument is that the Commission lacks the ``moral authority''
to impose forfeitures because the Commission has not met
certain statutory deadlines imposed on it relating to
applications. It is regrettable that the Commission has
missed certain statutory deadlines. Nevertheless, the
argument that this affects the Commission's authority to
impose a forfeiture is frivolous and the Bureau properly
rejected it.
2. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
1.115 of the Rules,4 American Radio Brokers, Inc.'s
application for review IS DENIED.
3. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 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.6 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. 20554.7
4. 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
Magalie Roman Salas
Secretary
_________________________
1 American Radio Brokers, Inc., DA 01-811 (Enf. Bur., April
3, 2001).
2 American Radio Brokers, Inc., 15 FCC Rcd 19712 (Enf. Bur.,
2000).
3 47 C.F.R. § 1.89(b).
4 47 C.F.R. § 1.115.
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.