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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-04-TP-270
Shadavrus Capital Trust, Inc. )
Owner of Antenna Structure Registration Number ) NAL/Acct.
No. 200532700001
1027884 in Lecanto, Florida )
Clearwater, FL ) FRN: 0005803648
)
FORFEITURE ORDER
Adopted: December 20, 2004
Released: December 22, 2004
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of three thousand
dollars ($3,000) to Shadavrus Capital Trust, Inc.
(``Shadavrus''), owner of antenna structure 1027884 in
Lecanto, Florida, for willful and repeated violation
of Section 17.57 of the Commission's Rules
(``Rules'').1 The noted violation involves failure by
Shadavrus to notify immediately the Commission upon a
change in ownership information.
2. On October 7, 2004, the District Director of the
Commission's Tampa Office of the Enforcement Bureau (``Tampa
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $3,000 to Shadavrus.2 Shadavrus 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 Commission's
Rules,4 Shadavrus Capital Trust, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $3,000 for willfully and repeatedly
violating Section 17.57 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 by check or money order may be mailed to Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
Payment by overnight mail may be sent to Bank One/LB 73482, 525
West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by
wire transfer may be made to ABA Number 071000013, receiving bank
Bank One, and account number 1165259. The payment should note
NAL/Acct. No. 200532700001, and FRN 0005803648. Requests for
full payment under an installment plan should be sent to: Chief,
Revenue and Receivables 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 Shadavrus Capital Trust, Inc., 3343 Hyde
Park Drive, Clearwater, FL 33761 and James A. Koerner, Counsel
for Shadavrus Capital Trust, Inc., 5809 Nicholson Lane, Suite
124, Bethesda, MD 20952-5706.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
_________________________
147 C.F.R. § 17.57.
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532700001 (Enf. Bur., Tampa Office, released October 7, 2004).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 U.S.C. § 504(a).
6See 47 C.F.R. § 1.1914.