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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File Nos.: EB-03-AN-091
Chester P. Coleman ) EB-03-AN-092
c/o America Radio Brokers, Inc. )
San Francisco, California ) NAL/Acct. No.
200532780003
) FRN: 0005037585
Licensee of Broadcast Stations )
KAXX(AM) )
Eagle River, Alaska )
Facility ID 53491 )
)
KADX(FM) )
Houston, Alaska )
Facility ID 10770 )
FORFEITURE ORDER
Adopted: March 9, 2005
Released: March 11, 2005
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty-four
thousand dollars ($24,000) to Chester P. Coleman c/o
American Radio Brokers, Inc. (``Coleman''),
San Francisco, California, licensee of stations KAXX (AM), Eagle
River, Alaska, and KADX(FM), Houston, Alaska, for willful and
repeated violation of Sections 73.1125(a) and (e), 73.1740(a)(1)
and 73.1745(b) of the Commission's Rules (``Rules'').1 The
noted violation involves failure by Coleman to maintain main
studios, local or toll-free telephone numbers, and minimum
operating schedules, for KAXX and KADX, and for departing,
without authorization, from the terms of the stations'
authorizations.
2. On December 10, 2004, the Resident Agent of the
Commission's Anchorage Resident Agent Office of the Enforcement
Bureau's Western Region issued a Notice of Apparent Liability for
Forfeiture (``NAL'') in the amount of $24,000 to Coleman.2
Coleman requested an extension of time to respond to the NAL
until January 31, 2005.3 The Anchorage Resident Agent granted
the extension of time until January 31, 2005.4 Coleman, however,
has failed to file 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''),
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules, Chester P. Coleman c/o American Radio Brokers, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $24,000 for
willfully and repeatedly violating Sections 73.1125(a) and (e),
73.1740(a)(1) and 73.1745(b) 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 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 must include
the NAL/Acct. No. and FRN referenced above. 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 Chester P. Coleman c/o American Radio Brokers, Inc.,
1255 Post Street, Suite 1011, San Francisco, CA 94109; Chester P.
Coleman c/o American Radio Brokers, Inc., 1255 Post Street, Suite
1023, San Francisco, CA 94109, and David Tillotson, Esquire, 4606
Charleston Terrace, N.W., Washington, D.C. 20007-1911.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
_________________________
147 C.F.R. §§ 73.1125(a),(e), 73.1740(a)(1) and 73.1745(b).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532780003 (Enf. Bur., Western Region, Anchorage Resident Agent
Office, released December 10, 2004).
3Letter from David Tillotson to David J. Charlton, Federal
Communications Commission, dated December 28, 2004.
4Letter from David J. Charlton, Federal Communications Commission
to David Tillotson, dated January 10, 2005.
547 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4),
73.1125(a),(e), 73.1740(a)(1) and 73.1745(b).
647 U.S.C. § 504(a).
7See 47 C.F.R. § 1.1914.