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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-02-OR-317
Best Country Broadcasting, LLC ) NAL/Acct. No.
200332620009
) FRN 0007-9006-99
Owner of Unregistered Antenna Structure )
Located at 30º 50'29'' North Latitude by 089º )
50' 06'' West Longitude )
)
Bogalusa, Louisiana )
FORFEITURE ORDER
Adopted: August 6, 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 three thousand
dollars ($3,000) to Best Country Broadcasting, LLC
(``Best Country''), owner of the antenna structure
located at 30º 50' 29'' North Longitude by 89º 50'
06'' West Longitude in Bogalusa, Louisiana for willful
and repeated violation of Section 17.4(a) of the
Commission's Rules (``Rules'').1 The noted violation
involves Best Country's failure to register its
antenna structure.
2. On February 19, 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 $3,000 to Best Country.2 Best Country
has not filed a response to the NAL. Based on the information
before us, we affirm the forfeiture.
3. Finally, we note that a search of the Commission's
antenna structure registration database revealed that as of the
adoption date of this Order, Best Country still had not
registered its antenna structure with the Commission.
Accordingly, we will require, pursuant to Section 308(b) of the
Communications Act of 1934, as amended (``Act'')3 that Best
Country submit a report to the Enforcement Bureau within 30 days
of the release of this Order demonstrating that it has filed an
antenna structure registration application. Best Country's
report must be submitted in the form of an affidavit or
declaration signed by an officer or director of Best Country.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 Best Country Broadcasting, LLC IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $3,000 for willfully and
repeatedly violating Section 17.4(a) 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. 200332620009, and FRN 0007-9006-99. 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, Best Country 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: Carmen Suarez.
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 Best Country Broadcasting, LLC, P.O. Box
280, Bogalusa, Louisiana 70429-0280.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
- Unhandled Picture -
_________________________
1 47 C.F.R. § 17.4(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332620009 (Enf. Bur., New Orleans Office, released February
19, 2003).
3 47 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.