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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.