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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Sunbelt Television, Inc. ) File No.: EB-03-LA-144
License of KHIZ(TV) ) NAL/Acct. No. 200432900005
Victorville, California ) FRN 0007940810
)
FORFEITURE ORDER
Adopted: July 7, 2004 Released: July 9, 2004
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of two
thousand dollars ($2,000) to Sunbelt Television, Inc.
(``Sunbelt''), licensee of TV broadcast station
KHIZ(TV), Victorville, California, for repeated
violation of Section 11.35(a) and 11.61(a)(1) of the
Commission's Rules (``Rules'').1 The noted violation
involves Sunbelt's failure to conduct required monthly
Emergency Alert System (``EAS'') tests and to
determine the cause of failures to receive required
EAS tests.
2. On April 12, 2004, the Resident Agent of the
Commission's Los Angeles, California Field Office
(``Los Angeles Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of
$2,000 to Sunbelt.2 Sunbelt 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 Sunbelt Television, Inc. IS LIABLE FOR
A MONETARY FORFEITURE in the amount of $2,000 for
repeatedly violating Section 11.35(a) and 11.61(a)(1)
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. 200432900005 and FRN 0007940810.
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 Sunbelt Television, Inc., 15605
Village Drive, Victorville, California 92393.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a), 11.61(a)(1).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432900005 (Enf. Bur., Los Angeles Office, released April 12,
2004).
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.