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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dead Air Broadcasting Company, ) File Number EB-03-ST-090
Inc. )
) NAL/Acct. No.200432980001
Owner of Unregistered Antenna )
Structure ) FRN 0010640480
)
Dillon, Montana )
MEMORANDUM OPINION AND ORDER
Adopted: February 24, 2005 Released: February
28, 2005
By the Assistant Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
cancel a proposed monetary forfeiture in the amount of three
thousand dollars ($3,000) issued to Dead Air Broadcasting
Company, Inc. (``Dead Air''), licensee of Station KDBM(AM),
Dillon, Montana, and owner of the station's antenna structure,
and admonish Dead Air for its violation of Section 17.4(a) of
the Commission's Rules (``Rules'').1 The noted violation
involves Dead Air's failure to register its antenna structure
for the station.2
2. On March 29, 2004, the District Director of the
Commission's Seattle, Washington, Field Office (``Seattle
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') to Dead Air in the amount of three thousand dollars
($3,000) for apparent willful and repeated violation of Section
17.4(a) of the Rules.3 Dead Air filed a response on April 23,
2004. After reviewing Dead Air's response, and the specific
record before us, we conclude that the proposed monetary
forfeiture against Dead Air should be cancelled, and Dead Air
should be admonished for its violation of Section 17.4(a) of
the Rules.
3. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended4 and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,5 the
proposed $3,000 forfeiture issued to Dead Air Broadcasting,
Inc. IS CANCELLED.
4. IT IS FURTHER ORDERED that Dead Air Broadcasting, Inc.,
IS ADMONISHED for failure to register its tower.
5. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class and Certified Mail, Return Receipt
Requested, to Jo Ann Juliano, President, Dead Air Broadcasting
Company, Inc., 610 N. Montana Street, Dillon, Montana 59725.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 17.4(a).
2 47 C.F.R. § 17.4(a).
3 See Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432980001 (Enf. Bur., Seattle Office, released March 29,
2004).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).