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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Marshall County Radio Corp. ) File No.: EB-02-AT-316
) NAL/Acct. No.
200332480002
Licensee of AM Radio Station WAXO ) FRN 0003-7254-88
Lewisburg, Tennessee )
FORFEITURE ORDER
Adopted: February 6, 2003 Released:
February 10, 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 Marshall County Radio Corp.
(``Marshall County''), licensee of AM radio station
WAXO, Lewisburg, Tennessee, for willful and repeated
violation of Section 73.49 of the Commission's Rules
(``Rules'').1 The noted violation involves Marshall
County's failure to enclose its antenna tower within
an effective locked fence or other enclosure.
2. On November 5, 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 $7,000 to Marshall County.2 Marshall County 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 Marshall
County Radio Corp. IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $7,000 for willfully and repeatedly violating Section
73.49 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. 200332480002 and FRN 0003-7254-88. 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 Marshall County Radio Corp., 217 West
Commerce Street, Lewisburg, Tennessee 37091.
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.
200332480002 (Enf. Bur., Atlanta Office, released November 5,
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.