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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cornbelt Broadcasting Co. ) File No. EB-02-
CG-104
Licensee of WHOW(AM) and WHOW-FM ) NAL/Acct. No.
200232320006
Clinton, Illinois ) FRN: 0003-7736-
94
FORFEITURE ORDER
Adopted: October 29, 2002 Released:
October 31, 2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of $17,000 to Cornbelt
Broadcasting Co. (``Cornbelt Broadcasting''), licensee of
WHOW(AM) and WHOW-FM, for willfully and repeatedly violating
Sections 11.35(a), 17.4(g), and 73.49 of the Commission's
Rules (``Rules'').1 The noted violations involve Cornbelt
Broadcasting's failure to have an operational Emergency
Alert System decoder, post an antenna structure registration
number, and enclose its AM antenna structure within
effective locked fences or other enclosures.
2. On June 18, 2002, the District Director of the
Enforcement Bureau's Chicago District Office issued a
$17,000 Notice of Apparent Liability for Forfeiture
(``NAL'') to Cornbelt Broadcasting for the noted
violations.2 Cornbelt Broadcasting 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 Communications Act of 1934, as amended
(``Act''),3 and Sections 0.111, 0.311, and 1.80(f)(4) of the
Rules,4 Cornbelt Broadcasting Co. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $17,000 for willfully and
repeatedly violating Sections 11.35(a), 17.4(g), and 73.49
of the Rules.
4. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules within 30
days of the release of this Order.5 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 may be made
by mailing a check or similar instrument, payable to the
order of the Federal Communications Commission, to the
Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment must include the FCC Registration
Number (``FRN'') referenced above, and should also note the
NAL/Acct. No. 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 a copy of this Order
shall by sent by first class and by certified mail, return
receipt requested, to Mr. James R. Livesay, II, Cornbelt
Broadcasting Co., South Route 51, R.R. 2, Box 117M, Clinton,
Illinois 61727-9518.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a), 17.4(g), 73.49.
2 Cornbelt Broadcasting Co., NAL/Acct. No. 200232320006
(Enf. Bur., Chicago District Office, rel. June 18, 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.