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 )
) File Number EB-04-ST-066
Rafael C. Guerrero ) NAL/Acct. No. 200532980002
Licensee of AM Station KRSC ) FRN 0009705435
Othello, Washington )
Facility ID # 25350 )
FORFEITURE ORDER
Adopted: August 29, 2005
Released: August 31, 2005
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of eight thousand
dollars ($8,000) to Rafael C. Guerrero, licensee of
station KRSC(AM), in Othello, Washington, for willful
and repeated violation of Section 11.35 of the
Commission's Rules ("Rules").1 The noted violation
involves Mr. Guerrero's failure to maintain
operational EAS equipment at KRSC(AM).
2. On March 7, 2005, the Acting District Director of the
Commission's Seattle District Office issued a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of $8,000 to Mr.
Guerrero.2 Mr. Guerrero 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 Rafael C. Guerrero IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $8,000 for willfully and repeatedly failing to
maintain operational EAS equipment at KRSC(AM), Othello,
Washington, in violation of Section 11.35 of the Rules.5
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 Rafael C. Guerrero at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
_________________________
147 C.F.R. § 11.35.
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532980002 (Enf. Bur., Western Region, Seattle Office, released
March 7, 2005).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 C.F.R. § 11.35.
647 U.S.C. § 504(a).
7See 47 C.F.R. § 1.1914.