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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Tralyn Broadcasting, Inc. ) File No.:
EB-02-OR-242
) NAL/Acct. No. 200332620001
Licensee of Station WIGG(AM) in ) FRN 0005-0066-71
Wiggins, Mississippi )
)
Muscle Shoals, Alabama )
FORFEITURE ORDER
Adopted: January 28, 2003 Released:
January 30, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seven thousand
dollars ($7,000) to Tralyn Broadcasting, Inc.
(``Tralyn''), licensee of Station WIGG(AM), Wiggins,
Mississippi, for willful and repeated violation of
Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the
Commission's Rules (``Rules'').1 The noted violations
involve Tralyn's failure to conduct weekly tests of
the Emergency Alert System and failure to maintain all
of the required items in the station's public
inspection file.
2. On October 1, 2002, the District Director of the
Commission's New Orleans, Louisiana Field Office (``New Orleans
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $7,000 to Tralyn.2 Tralyn 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 Tralyn
Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $7,000 for willfully and repeatedly violating Sections
11.61(a)(2)(i)(A) and 73.3526(a)(2) 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. 200332620001, and FRN 0005-0066-71. 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 Tralyn Broadcasting, Inc., 522 D Mitchell
Self Memorial Drive, Muscle Shoals, Alabama 35662.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.61(a)(2)(i)(A) and 73.3526(a)(2).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332620001 (Enf. Bur., New Orleans Office, released October 1,
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.