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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of
)
Shimmick Construction Company, Inc./
)
Obayashi Corporation, Joint Venture File Number: EB-09-LA-0068
)
Licensees of Stations WQER756, NAL/Acct. No.: 200932900007
WQEN793, )
FRN: 0019140391
WQJI360 & WQKG818 )
Yorba Linda, CA )
)
FORFEITURE ORDER
Adopted: May 10, 2010 Released: May 12, 2010
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Shimmick Construction
Company Inc./Obayashi Corporation, Joint Venture,
("Shimmick-Obayashi"), in Yorba Linda, California, licensees of
stations WQER756, WQEN793, WQJI360 and WQKG818, for repeated violation
of Section 1.903(a) of the Commission's Rules ("Rules"). The noted
violation involves Shimmick-Obayashi's failure to operate only in
accordance with the rules applicable to their particular service as
set forth in the Commission's Rules and with a valid authorization
granted by the Commission.
2. On September 28, 2009, the Enforcement Bureau's Los Angeles District
Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
amount of $4,000 to Shimmick-Obayashi for failing to operate only in
accordance with the rules applicable to their particular service as set
forth in the Commission's Rules and with a valid authorization granted by
the Commission, in violation of Section 1.903(a) of the Rules. Despite
evidence that Shimmick-Obayashi received the NAL, Shimmick-Obayashi 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 Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules,
Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture, IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for repeatedly
violating Section 1.903(a) of the Act.
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
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. 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.
Shimmick Construction Company Inc./Obayashi Corporation, Joint Venture,
shall also send electronic notification on the date said payment is made
to WR-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 Shimmick
Construction Company Inc./Obayashi Corporation, Joint Venture, at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 C.F.R. S: 1.903(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932900007
(Enf. Bur., Western Region, Los Angeles District Office, released
September 28, 2009).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 504(a).
Federal Communications Commission DA 10-801
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Federal Communications Commission DA 10-801