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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-
01-DV-388
)
Sam Bushman ) NAL/Acct. No.
200232800003
Licensee, Station KNAK(AM) )
Delta, Utah ) FRN
0003-7785-45
FORFEITURE ORDER
Adopted: July 29, 2002 Released: August 1,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seven thousand
dollars ($7,000) to Sam Bushman, licensee of Station
KNAK(AM), Delta, Utah, for willful and repeated
violation of Section 73.49 of the Commission's Rules
(``the Rules'').1 The noted violation involves Mr.
Bushman's failure to provide an effective locked fence
enclosure for the station's antenna structure.
2. On May 17, 2002, the District Director of the
Commission's Denver, Colorado Field Office issued a Notice of
Apparent Liability for Forfeiture (``NAL'')2 in the amount of
$7,000 to Mr. Bushman. Mr. Bushman has not filed a response to
the NAL. Based on the information before us, we affirm the
forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended, (``the
Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4
Mr. Sam Bushman IS LIABLE FOR A MONETARY FORFEITURE in the amount
of $7,000 for willfully and repeatedly violating Section 73.49 of
the Rules.
4. 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
NAL/Acct. No. 200232800003, and FRN 0003-7785-45. 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 this Order shall be sent by
regular mail and by certified mail, return receipt requested, to
Sam Bushman, P.O. Box 636, 315 East 300 South, Delta, Utah 84624.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 73.49.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232800003 (Enf. Bur., Denver Field Office, released May 17,
2002).
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.