Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Minority Business and Housing Development, Inc. ) File No.:
EB-02-PA-200
) NAL/Acct. No. 200332400003
Licensee, WYGG(FM) ) FRN 0007-5125-28
)
Uniondale, New York )
FORFEITURE ORDER
Adopted: May 5, 2003 Released: May
7, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of thirteen thousand
dollars ($13,000) to Minority Business and Housing
Development, Inc. (``Minority Business''), licensee of
radio station WYGG, Asbury Park, New Jersey, for
willful and repeated violation of Sections 11.35(a)
and 73.1350(a) of the Commission's Rules (``Rules'').1
The noted violations involve Minority Business's
failure to install Emergency Alert System equipment
and failure to operate in accordance with the terms of
the station authorization.
2. On December 30, 2002, the District Director of the
Commission's Philadelphia, Pennsylvania Field Office
(``Philadelphia Office'') issued a Notice of Apparent Liability
for Forfeiture (``NAL'') in the amount of $13,000 to Minority
Business.2 Minority Business 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 (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Minority
Business and Housing Development, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $13,000 for willfully and repeatedly
violating Sections 11.35(a) and 73.1350(a) 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. 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.5
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. 200332400003, and FRN 0007-5125-28. 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. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Minority Business and Housing Development,
Inc., 612 Leonard Avenue, Uniondale, New York 11553.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a) and 73.1350(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332400003 (Enf. Bur., Philadelphia Office, released December
30, 2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.