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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No.: EB-
01-DV-444
) NAL/Acct. No.
200232800006
Mount Rushmore Broadcasting, Inc. )
FRN 0005-0081-23
)
Licensee, Station KAWK(FM) )
Custer, South Dakota )
Facility ID #43916 )
FORFEITURE ORDER
Adopted: October 24, 2002 Released:
October 29, 2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand
dollars ($10,000) to Mount Rushmore Broadcasting,
Inc., (``Mount Rushmore'') licensee of Station
KAWK(FM), Custer, South Dakota, for willful violation
of Section 301 of the Communications Act of 1934, as
amended (``Act'').1 The noted violation involves the
operation of an unlicensed aural broadcast auxiliary
station without Commission authorization.
2. On May 31, 2002, the District Director of the
Commission's Denver, Colorado Field Office (``Denver Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'')2
in the amount of $10,000. Mount Rushmore 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 Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Commission's Rules,4 Mount Rushmore IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $10,000 for willfully violating
Section 301 of the Act.
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. 200232800006, and FRN 0005-0081-23. 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 Jan Gray, President, Mount Rushmore Broadcasting,
Inc., 218 N. Wolcott St., Caspar, Wyoming 82601.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232800006 (Enf. Bur., Denver Office, released May 31, 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.