Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
WHYZ Radio, L.P. ) File No.: EB-02-AT-128
) NAL/Acct. No. 200232480002
Licensee of Station WCSZ(AM) ) FRN 0003-7751-78
San Souci, South Carolina )
FORFEITURE ORDER
Adopted: January 30, 2003 Released: February
3, 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 WHYZ Radio, L.P. (``WHYZ''),
licensee of Station WCSZ(AM), San Souci, South
Carolina, for willful violation of Section 11.35(a) of
the Commission's Rules (``Rules'').1 The noted
violation involves Station WCSZ(AM)'s failure to have
operational Emergency Alert System equipment.
2. On April 18, 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 $8,000 to WHYZ.2 WHYZ 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 WHYZ
Radio, L.P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$8,000 for willfully violating Section 11.35(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. 200232480002, and FRN 0003-7751-78. 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 WHYZ Radio, L.P., 11511 Dyrham Lane, Glen
Dale, Maryland 20769 and to Station WCSZ(AM), 200 N. Highway 25
Bypass, Greenville, South Carolina 29617.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.35(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232480002 (Enf. Bur., Atlanta Office, released April 18,
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.