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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
File No. EB-06-SE-080
In the Matter of )
NAL/Acct. No. 200632100014
Gilmore Broadcasting Corporation )
FRN # 0002062396
)
)
)
FORFEITURE ORDER
Adopted: August 17, 2006 Released: August 21, 2006
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) against Gilmore
Broadcasting Corporation ("Gilmore"), licensee of satellite earth
station, E950187, Evansville, Indiana, for operating its earth station
without Commission authority and for failing to timely file a renewal
application. Gilmore acted in apparent willful and repeated violation
of Section 301 of the Communications Act of 1934, as amended, ("Act")
and Sections 25.102(a) and 25.121(e) of the Commission's Rules
("Rules").
2. On June 5, 2006, the Spectrum Enforcement Division issued a Notice of
Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to
Gilmore. Gilmore has not filed a response to the NAL. Based on the
information before us, we affirm this forfeiture.
3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gilmore
Broadcasting Corporation IS LIABLE FOR A MONETARY FORFEITURE in the
amount of four thousand dollars ($4,000) for willfully and repeatedly
violating Section 301 of the Act and Sections 25.102(a) and 25.121(e)
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. 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 Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.
5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by first class mail and certified mail return receipt requested
to counsel for Gilmore Broadcasting Corporation, Martha E. Heller,
Esq., Wiley Rein & Fielding LLP, 1776 K Street, N.W., Washington, D.C.
20006.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S 301.
47 C.F.R. SS 25.102(a) and 25.121(e).
Gilmore Broadcasting Corporation, 21 FCC Rcd 6284 (2006).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 06-1650
2
Federal Communications Commission DA 06-1650