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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-03-SJ-009
Southern Broadcasting Corporation ) NAL/Acct. No.
200332680003
Licensee of WENA ) FRN 0007-7339-26
Yauco, Puerto Rico )
FORFEITURE ORDER
Adopted: July 17, 2003 Released: July
21, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of eight thousand
dollars ($8,000) to Southern Broadcasting Corporation
(``Southern''), licensee of Radio Broadcast Station
WENA, Yauco, Puerto Rico, for willful and repeated
violation of Section 11.35 of the Commission's Rules
(``Rules'').1 The noted violation involves Southern's
failure to install Emergency Alert System equipment at
WENA.
2. On March 11, 2003, the Commission's San Juan, Puerto
Rico Resident Agent Office (``San Juan Office'') issued a Notice
of Apparent Liability for Forfeiture (``NAL'') in the amount of
$8,000 to Southern.2 Southern 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 Southern
IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for
willfully and repeatedly violating Section 11.35 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. 200332680003, and FRN 0007-7339-26. 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 Southern Broadcasting Corporation, POB
1338, Yauco, Puerto Rico 00698.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.35.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332680003 (Enf. Bur., San Juan Office, released March 11,
2003).
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.