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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Billy R. Autry ) File No.: EB-02-OR-386
Licensee of WKRA(AM) ) NAL/Acct. No. 200332620012
Holly Springs, Mississippi ) FRN 0004-9301-45
)
FORFEITURE ORDER
Adopted: August 7, 2003 Released: August
11, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of eleven thousand
dollars ($11,000) to Billy R. Autry (``Mr. Autry''),
licensee of radio station WKRA(AM), Holly Springs,
Mississippi, for willful violation of Section 73.49 and
willful and repeated violation of Section 73.1745 of the
Commission's Rules (``Rules'').1 The noted violations
involve Mr. Autry's failure to enclose the station's
antenna within an effective locked fence or other
enclosure, operating with excessive power during post-
sunset hours, and failing to discontinue operation at
night.
2. On March 17, 2003, 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 $11,000 to Mr. Autry.2 Mr. Autry has
not filed a response to the NAL. Based on the information before
us, we affirm the forfeiture.
3. Finally, we note that it is unclear from the record
before us what steps, if any, Mr. Autry has taken to correct the
violations cited in the NAL and to ensure that these violations do
not recur in the future. Accordingly, we will require, pursuant to
Section 308(b) of the Communications Act of 1934, as amended,
(``Act''),3 that Mr. Autry submit a report to the Enforcement
Bureau within 30 days of the release of this order outlining what
measures he has taken or will take to correct the violations and
ensure that they do not recur. Mr. Autry's report must be
submitted in the form of an affidavit or declaration.4
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,6 Billy R. Autry IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $11,000 for willfully violating Section 73.49 of the
Rules and willfully and repeatedly violating Section 73.1745 of the
Rules.
5. 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.7
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.
200332620012 and FRN 0004-9301-45. 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. 20554.8
6. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of
the Act, Billy R. Autry must submit the report described in
paragraph 3 no later than thirty (30) days from the date of release
of this order to: Federal Communications Commission, Enforcement
Bureau, Spectrum Enforcement Division, 445 12th Street, S.W.,
Washington, D.C. 20554, Attention: Jacqueline Johnson.
7. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by first class mail and certified mail return receipt
requested, to Billy R. Autry, 145 Memphis Street, Holly Springs,
Mississippi 38635.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 73.49, 73.1745.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332620012 (Enf. Bur., New Orleans Office, released March 17,
2003).
3 U.S.C. § 308(b).
4 Such affidavit or declaration should comply with Section
1.16 of the Rules, 47 C.F.R. § 1.16, and be substantially in the
form set forth therein.
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.