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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Spirit Broadcasting, Inc. ) File Number: EB-10-NF-0020
Licensee of Station WGTM (AM) ) NAL/Acct. No.: 201132640002
Wilson, North Carolina ) FRN: 0009359811
Facility ID # 61929 )
)
FORFEITURE ORDER
Adopted: October 31, 2011 Released: November 1, 2011
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of twenty-five thousand dollars ($25,000) to Spirit
Broadcasting, Inc., ("Spirit"), licensee of Station WGTM(AM), in
Wilson, North Carolina, for willful and repeated violation of sections
11.35, 73.49, and 73.3526 of the Commission's rules ("Rules"). The
noted violations involved Spirit's failure to (1) maintain operational
Emergency Alert System ("EAS") equipment; (2) enclose an antenna
tower, having radio frequency potential at the base, within an
effectively locked fence; and (3) maintain and make available a public
inspection file.
2. On July 15, 2011, the Enforcement Bureau's Norfolk Office ("Norfolk
Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in
the amount of $25,000 to Spirit. Spirit 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, 0.204, 0.311
and 1.80(f)(4) of the Commission's rules, Spirit Broadcasting, Inc. IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $25,000 for violations
of sections 11.35, 73.49, and 73.3526 of the Commission's 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 enforcement 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. Payments
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 with any questions regarding payment
procedures at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Spirit
Broadcasting, Inc. shall 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 both
First Class Mail and Certified Mail, Return Receipt Requested, to Spirit
Broadcasting, Inc. at Hwy 42 West, P.O. Box 3837, Wilson, NC 27895 and
1702 Martin Luther King Pkwy SE, Wilson, NC 27893.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R. S:S: 11.35, 73.49, 73.3526.
Spirit Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 26
FCC Rcd 10212 (Enf. Bur. 2011).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4).
47 C.F.R. S:S: 11.35, 73.49, 73.3526.
47 C.F.R. S: 1.80.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-1822
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Federal Communications Commission DA 11-1822