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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-04-AN-028
American Radio Brokers, Inc. )
d/b/a Radio station KFFR 1020 )
San Francisco, California ) NAL/Acct. No.
200532780002
) FRN: 0010287019
Registrant of Antenna Structure )
ASR # 1019797 )
Knik, Alaska )
)
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 thirteen thousand dollars
($13,000) to American Radio Brokers, Inc., d/b/a/ Radio Station
KFFR 1020 (``ARB, Inc.''), San Francisco, California, registrant
of Antenna Structure Number 1019797, located at Knik, Alaska, for
willful and repeated violation of Section 303(q) of the
Communications Act of 1934, as amended, (``the Act''), and
Sections 17.48(a) and 17.51(a) of the Commission's Rules (``the
Rules'').1 The noted violation involves failure by ARB, Inc. to
maintain the lighting requirements for the antenna structure, as
prescribed by the Commission, and for failing to notify an office
or flight service station of the FAA regarding light outages.
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 $13,000 to ARB, Inc.2 ARB,
Inc. 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 ARB, Inc., however,
has failed to file a response to the NAL. Based on the
information before us, we affirm the forfeiture.
3. A recent inspection reveals that ARB, Inc. continues to
violate Section 17.51(a) by failing to maintain the lighting
requirements for the above-referenced antenna structure.
Consequently, we will require, pursuant to Section 308(b) of the
Act,5 ARB, Inc. to report to the Enforcement Bureau, within
thirty (30) days of the release of this Order, whether it has
achieved compliance with Section 17.51(a) of the Rules.
4. 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, American Radio Brokers, Inc., d/b/a/ Radio Station KFFR
1020, IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$13,000 for willfully and repeatedly violating Section 303(q) of
the Act, and Sections 17.48(a) and 17.51(a) of the Rules. 6
5. IT IS ALSO ORDERED that, pursuant to Section 308(b) of
the Act, American Radio Brokers, Inc. must submit the report
described in Paragraph 3, above, within 30 days from the release
of this Order, to: Federal Communications Commission, Enforcement
Bureau, Western Region, Anchorage Resident Agent Office, P.O. Box
221849, Anchorage, Alaska 99522-1849.7
6. 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.8
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. 20554.9
7. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class Mail and Certified Mail Return Receipt
Requested to American Radio Brokers, Inc., d/b/a Radio Station
KFFR 1020, 1255 Post Street, Suite 625, San Francisco, CA 94109;
Chester P. Coleman, C/O Amer. Radio Brokers, Inc., 1255 Post
Street, Suite 1011, San Francisco, CA 94109; Chester P. Coleman,
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 U.S.C. § 303(q), 47 C.F.R. §§ 17.48(a) and 17.51(a).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200532780002 (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. § 308(b).
647 U.S.C. §§ 303(q) and 503(b), 47 C.F.R. §§ 0.111, 0.311,
1.80(f)(4), 17.48(a) and17.51(a).
747 U.S.C. § 308(b).
847 U.S.C. § 504(a).
9See 47 C.F.R. § 1.1914.