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                 )
                                )
David M. Loflin                  )       Case Number. EB-05-OR-006
Licensee of Station WKNI-        )      NAL/Acct. No. 200532620004
LP/W49BM                         )                  FRN 0011734290          
Andalusia, Alabama               )
Facility ID # 15775



                        FORFEITURE ORDER

Adopted:  July 26, 2005                                 Released:  
July 28, 2005

By the  Regional  Director,  South  Central  Region,  Enforcement 
Bureau:

     1.   In this Forfeiture Order (``Order''), we issue a 
          monetary forfeiture in the amount of four thousand 
          dollars ($4,000) to David M. Loflin, licensee of 
          Station WKNI-LP/W49BM,1 for willful and repeated 
          violation of Section 73.1350(a) of the Commission's 
          Rules (``Rules'')2 by failing to operate the station 
          in accordance with the terms of its station 
          authorization.  The noted violation involves Mr. 
          Loflin's operation of Station WKNI-LP on TV channel 
          25, instead of its assigned TV channel 49. 
 
     2.   On May 9, 2005, the District Director of the 
Commission's New Orleans Field Office (``New Orleans Office'') 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in 
the amount of $4,000 to Mr. Loflin.3  Mr. Loflin 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''),4 
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's 
Rules,5 David M. Loflin IS LIABLE FOR A MONETARY FORFEITURE in 
the amount of $4,000 for willfully and repeatedly operating a 
station on an unauthorized channel in violation of Section 
73.1350(a) 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.6  
Payment of the forfeiture must be made by check or similar 
instrument, payable to the order of the Federal Communications 
Commission.  The payment must include the NAL/Acct. No. and FRN 
No. referenced above.  Payment by check or money order may be 
mailed to Federal Communications Commission, P.O. 
Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail 
may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 
1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be 
made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911-6106.  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. 
20554.7

     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 David M. Loflin at his address of record. 


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Dennis P. Carlton
                         Regional Director, South Central Region
                         Enforcement Bureau
_________________________

1The assigned call sign for  this station was changed from  W49BM 
to WKNI-LP on January 21, 2005.

247 C.F.R. § 73.1350(a).

3Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532620004 (Enf. Bur., New Orleans Office, released May 9, 
2005).

447 U.S.C. § 503(b).

547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

647 U.S.C. § 504(a).

7See 47 C.F.R. § 1.1914.