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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No.: EB-11-KC-0009
KM Radio of Independence, LLC )
NAL/Acct. No.: 201232560001
Licensee of Stations KQMG and )
KQMG-FM, FRN: 0010976108
)
Independence, Iowa; Facility ID Nos.: 42077;
) 42080
and Owner of Antenna Structure No.
1053693 )
)
FORFEITURE ORDER
Adopted: May 3, 2012 Released: May 3, 2012
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of ten thousand dollars ($10,000) to KM Radio of
Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM,
in Independence, Iowa, and owner of antenna structure number 1053693
also located in Independence, Iowa, for willful and repeated violation
of Sections 11.35, 17.51, and 73.3526 of the Commission's rules
(Rules), and Section 303(q) of the Communications Act of 1934, as
amended (Act) and willful violation of Section 73.1560(b) of the
Rules. The noted violations involved failing to: maintain operational
emergency alert system (EAS) equipment; exhibit required obstruction
lighting on the Tower; maintain and make available a complete public
inspection file; and operate with authorized transmitter output power.
2. On February 7, 2012, the Enforcement Bureau's Kansas City Office
(Kansas City Office) issued a Notice of Apparent Liability for Forfeiture
(NAL) in the amount of $10,000 to KM Radio. KM Radio 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, KM Radio of Independence, LLC IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations
of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), 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 thirty (30) calendar 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 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 at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. KM
Radio of Independence, LLC 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 KM Radio
of Independence, LLC at 3654 West Jarvis Avenue, Skokie, Illinois 60076,
and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850
M Street NW, Suite 240, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 C.F.R. S:S: 11.35, 17.51, 73.1560(b), 73.3526.
47 U.S.C. S: 303(q).
47 C.F.R. S: 73.1560(b).
KM Radio of Independence, LLC., Notice of Apparent Liability for
Forfeiture, 27 FCC Rcd 1367 (Enf. Bur. 2012).
47 U.S.C. S: 503(b).
47 U.S.C. S: 303(q); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4),
11.35, 17.51, 73.1560(b), 73.3526..
47 U.S.C. S: 301.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-702
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Federal Communications Commission DA 12-702