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 )
)
Blountstown Communications, Inc.) File No.: EB-03-TP-192
Licensee of Radio Stations WYBT (AM) & ) NAL/Acct. No.
200432700006
WPHK (FM) ) FRN 0000040428
Blountstown, Florida )
)
FORFEITURE ORDER
Adopted: April 14, 2004 Released: April 16, 2004
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty-five
thousand dollars ($25,000) to Blountstown
Communications, Inc. (``Blountstown''), licensee of AM
radio station WYBT and FM radio station WPHK,
Blountstown, Florida, for willful violations of
Sections 11.35, 73.49 and 73.3526(c) of the
Commission's Rules (``Rules'').1 The noted violations
involve Blountstown failing to ensure that the
Emergency Alert System equipment was operational,
failing to enclose the base of the antenna system
within an effective locked fence and failing to make
available a complete public file.
2. On December 16, 2003, the District Director of the
Commission's Tampa, Florida Field Office (``Tampa Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $25,000 to Blountstown.2 Blountstown 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, Blountstown 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 Blountstown 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.
Blountstown'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 Blountstown Communications, Inc. IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $25,000 for willfully
violating Sections 11.35, 73.49 and 73.3526(c) 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. 200432700006 and FRN 0000040428. 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, Blountstown Communications, Inc. must submit the
report described in paragraph three 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 Blountstown Communications, Inc., 20872
N.E. Kelly Avenue, Blountstown, Florida 32424 and to 612 North
Jefferson Street, Perry Florida 32347.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35, 73.49, 73.3526(c).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432700006 (Enf. Bur., Tampa Office, released December 16,
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.