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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Perry Broadcasting Systems ) File No. EB-08-SJ-045
Lajas, PR ) NAL/Acct. No. 200932680001
Owner of Antenna Structure #s 1063859 ) FRN 10123388
and 1063860
)
)
)
FORFEITURE ORDER
Adopted: February 2, 2009 Released: February 4, 2009
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of thirteen thousand dollars ($13,000) to Perry
Broadcasting Systems ("PBS"), owner of antenna structure #s 1063859
and 1063860, in Lajas, Puerto Rico, for willful and repeated
violations of Sections 17.51(a) and 17.57 of the Commission's Rules
("Rules"). The noted violations involve PBS' failure to exhibit all
red obstruction lighting on its antenna structures, and failure to
notify immediately the Commission of a change in ownership.
2. On November 12, 2008, the Commission's San Juan Office of the
Enforcement Bureau ("San Juan Office") issued a Notice of Apparent
Liability for Forfeiture ("NAL") in the amount of $13,000 to PBS. PBS 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, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, Perry Broadcasting Systems IS LIABLE
FOR A MONETARY FORFEITURE in the amount of $13,000 for violations of
Sections 17.51(a) and 17.57 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/Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government Lockbox
#979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
Payment[s] by wire transfer may be made to ABA Number 021030004, receiving
bank TREAS/NYC, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. FCC Form 159 may
be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. When completing
the FCC Form 159, enter the NAL/Account number in block number 23A (call
sign/other ID), and enter the letters "FORF" in block number 24A (payment
type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. PBS
will also send electronic notification on the date said payment is made to
SCR-Response@fcc.gov.
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 Perry
Broadcasting Systems at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R. S:S: 17.51, 17.57.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932680001
(Enf. Bur., San Juan Office, released November 12, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 17.51(a), 17.57.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 09-176
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Federal Communications Commission DA 09-176