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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-02-AT-307
J.L. Brewer Broadcasting of Cleveland, LLC ) NAL/Acct. No.
200232480020
) FRN 0003-7349-10
Owner of Unregistered Antenna Structure )
Located at 35º 28'12'' North Latitude by 85º )
02' 15'' West Longitude in Dayton, Tennessee )
)
Chattanooga, Tennessee )
FORFEITURE ORDER
Adopted: January 29, 2003 Released:
January 31, 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 J.L. Brewer Broadcasting of
Cleveland, LLC (``Brewer), owner of the antenna
structure located at 35º 28'12'' North Longitude by
85º 02' 15'' West Longitude in Dayton, Tennessee for
willful violation of Section 17.4(a) of the
Commission's Rules (``Rules'').1 The noted violation
involves Brewer's failure to register its antenna
structure.
2. On September 9, 2002, the District Director of the
Commission's Atlanta, Georgia Field Office (``Atlanta Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $3,000 to Brewer.2 Brewer 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,4J.L.
Brewer Broadcasting of Cleveland, LLC IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $3,000 for willfully violating
Section 17.4(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. 200232480020, and FRN 0003-7349-10. 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 J.L. Brewer Broadcasting of Cleveland, LLC,
1305 Carter Street, Chattanooga, Tennessee 37402.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.4(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232480020 (Enf. Bur., Atlanta Office, released September 9,
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.