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 )
)
Davies Communications Inc. ) File No.: EB-03-KC-031
Licensee of Radio Stations KBBE and KNGL in ) NAL/Acct. No.
200332560020
McPherson, Kansas ) FRN 0008-5372-92
)
FORFEITURE ORDER
Adopted: October 21, 2003 Released:
October 23, 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 Davies Communications Inc.
(``Davies''), licensee of KBBE and KNGL, McPherson,
Kansas, for willful and repeated violation of Section
73.3526(a)(2) of the Commission's Rules (``Rules'').1
The noted violation involves failing to maintain all
required material in the stations' public inspection
files.
2. On April 7, 2003, the District Director of the
Commission's Kansas City, Missouri Field Office (``Kansas City
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $3,000 to Davies.2 Davies 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, Davies 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 Davies submit a report to the
Enforcement Bureau within 30 days of the release of this order
outlining what measures it has taken or will take to correct the
violations and ensure that they do not recur. Davies' 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 Davies Communications Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $3,000 for willfully and repeatedly
violating Section 73.3526(a)(2) 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. 2003325620020 and FRN 0008-5372-92. 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, Davies Communications Inc. 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 Davies Communications Inc., P.O. Box 1069,
McPherson Kansas 67460.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 73.3526(a)(2).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332560020 (Enf. Bur., Kansas City Office, released April 7,
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.