Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: EB-FIELDSCR-12-00001026
)
Arthur Lee Young NAL/Acct. No.: 201232480003
)
Cosby, TN FRN: 0021636261
)
)
FORFEITURE ORDER
Adopted: June 8, 2012 Released: June 8, 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 twenty two thousand dollars ($22,000) to Arthur Lee
Young for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended (Act) and willful violation of
Section 303(n) of the Act. The noted violations involved Mr. Young's
operation of an unlicensed radio station on the frequency 87.9 MHz and
refusal to allow an inspection of his radio station.
2. On March 27, 2012, the Enforcement Bureau's Atlanta Office (Atlanta
Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the
amount of $22,000 to Mr. Young. Mr. Young 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, Arthur Lee Young IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $22,000 for violations of Sections
301 and 303(n) of the Act.
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. Regardless of form
of payment, 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.
Arthur Lee Young 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 Arthur
Lee Young at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
47 U.S.C. S: 303(n).
Arthur Lee Young., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd
2960 (Enf. Bur. 2012).
"King Dennis Craig, surnamed Bynum" submitted a letter, claiming that, as
of February 24, 2012, he owned the land near Cosby, Tennessee formerly
owned by Mr. Young and that he was broadcasting from there. Letter from
King Dennis Craig Surnamed Bynum to Agent, Atlanta Office, South Central
Region, Enforcement Bureau (Apr. 3, 2012) (on file in
EB-FIELDSCR-12-00001026). Mr. Bynum claimed to be an American National not
subject to the jurisdiction of the United States. On April 19, 2012, an
agent from the Atlanta Office telephoned Mr. Young and asked if Mr. Bynum
had responded on his behalf. Mr. Young replied that he had no knowledge of
the letter from Mr. Bynum and that he had nothing to do with the station
anymore. We note that Sevier County Tennessee property records show that,
as of May 17, 2012, Mr. Young owned the property where the transmitter was
located. See Tennessee Trustee Webpage at
http://sevier.tennesseetrustee.org/ (last visited May 17, 2012).
47 U.S.C. S: 503(b).
47 U.S.C. S:S: 301, 303(n); 47 C.F.R. S:S: 0.111, 0.204, 0.311,
1.80(f)(4).
47 U.S.C. S: 301.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-901
2
2
Federal Communications Commission DA 12-901