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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Centre, Inc. ) File No.: EB-03-AT-062
Licensee of Station WAGC(AM) ) NAL/Acct. No. 200332480021
Centre, Alabama ) FRN 0007-3964-19
)
FORFEITURE ORDER
Adopted: October 27, 2003 Released:
October 29, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seven thousand
dollars ($7,000) to Radio Centre Inc. (``Radio
Centre''), licensee of WAGC(AM), Centre, Alabama, for
willful violation of Section 73.49 of the Commission's
Rules (``Rules'').1 The noted violation involves
failing to enclose the station's antenna tower within
an effective locked fence.
2. On April 15, 2003, 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 $7,000 to Radio Centre.2 Radio Centre 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, Radio Centre has taken to correct
the violation cited in the NAL and to ensure that this violation
does 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 Radio Centre 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
violation and ensure that it does not recur. Radio Centre'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 Radio Centre, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $7,000 for willfully violating
Section 73.49 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. 200332480021 and FRN 0007-3964-19. 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, Radio Centre, 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: 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 Radio Centre Inc., P.O. Box 602, Centre,
Alabama 35960-0602.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 73.49.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332480021 (Enf. Bur., Atlanta Office, released April 15,
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.