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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
MEMORANDUM OPINION AND ORDER
Adopted: December 10, 2002 Released: December 12,
2002
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
rescind a seven thousand dollar ($7,000) Notice of Apparent
Liability for Forfeiture (``NAL'')1 issued to Sam Bushman (``Mr.
Bushman'') for apparently violating Section 73.49 of the
Commission's Rules (``Rules'').2 The alleged violation involved
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 the NAL to Mr.
Bushman. On August 1, 2002, the Chief, Enforcement Bureau,
issued a Forfeiture Order3 affirming the forfeiture proposed by
the NAL. The Forfeiture Order stated that Mr. Bushman had not
filed a response, and we affirmed the forfeiture based on the
information before us. Mr. Bushman filed a petition for
reconsideration on September 3, 2002.
3. We have reviewed the additional facts set forth in Mr.
Bushman's petition and conclude that, under principles of equity
and fairness, rescission of the $7,000 forfeiture is warranted.
4. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act and Section 1.80(i) of the Rules, the $7,000
forfeiture issued to Mr. Sam Bushman IS RESCINDED, and that
pursuant to Section 1.106 of the Rules,4 Mr. Bushman's petition
for reconsideration IS GRANTED.
5. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail, Return Receipt Requested, to counsel
for Mr. Sam Bushman, Barry D. Wood, Esq., Wood, Maines & Brown,
Chartered, 1827 Jefferson Place, N.W., Washington, D.C. 20037,
and to Mr. Sam Bushman, P.O. Box 636, 315 East 300 South, Delta,
Utah, 84624.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232800003 (Enf. Bur. Denver Field Office, released May 17,
2002).
2 47 C.F.R. § 73.49.
3 Sam Bushman, 17 FCC Rcd 14560 (EB 2002).
4 47 C.F.R. § 1.106.