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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-01-DV-435
Mount Rushmore Broadcasting, Inc. )
NAL/Acct. No. 200232800005
) FRN 0005-0081-23
Licensee, Station KZMX (FM) )
Hot Springs, South Dakota )
Facility ID #46712 )
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 three thousand
dollars ($3,000) to Mount Rushmore Broadcasting, Inc.,
(``Mount Rushmore'') licensee of Station KZMX(FM), Hot
Springs, South Dakota, for willful violation of
Sections 73.1350 and 73.1400 of the Commission's Rules
(``the Rules'').1 The noted violations involve Mount
Rushmore's failure to establish monitoring procedures
and schedules to determine compliance with operating
power and modulation levels, and Mount Rushmore's
failure to have positive on/off control of the
transmitter.
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 $3,000. 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 Communications Act of 1934, as amended, (``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 $3,000 for willfully violating
Sections 73.1350 and 73.1400 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. 200232800005, 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 C.F.R. §§ 73.1350 and 73.1400.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232800005 (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.