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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Radio Brokers, Inc. ) File No. EB-00-AN-033
)
Licensee of Station KAXX(AM) ) NAL/Acct. No. X3278001
Eagle River, Alaska )
)
FORFEITURE ORDER
Adopted: October 11, 2000 Released: October 13,
2000
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of four thousand dollars
($4,000) against American Radio Brokers, Inc. (``American''),
licensee of Station KAXX(AM), Eagle River, Alaska, for willful
violation of Section 1.89(b) of the Commission's Rules
(``Rules'').1 The noted violation involves the failure to
respond to written Commission inquiries.
2. On July 28, 2000,2 the Commission's Anchorage, Alaska,
Resident Agent Office issued a Notice of Apparent Liability
for Forfeiture in the amount of four thousand dollars ($4,000)
to American for the noted violation.3 American has not filed
a response. Based on the information before us, we affirm
this forfeiture.
3. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Communications Act of 1934, as amended,
(``Act'')4 and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,5 American Radio Brokers, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of four thousand dollars ($4,000) for
failing to respond to written Commission inquiries in
violation of Section 1.89 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules6 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.7 Payment may be made by credit card
through the Commission's Credit and Debt Management Center at
(202) 418-1995 or by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O.
Box 73482, Chicago, Illinois 60673-7482. The payment should
note the NAL/Acct. No. X3278001. Requests for full payment
under an installment plan should be sent to: Chief, Credit and
Debt Management Center, 445 12th Street, S.W., Washington,
D.C. 20554.8
5. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail Return Receipt Requested and by
first class mail to Chester P. Coleman, c/o American Radio
Brokers, Inc., 1255 Post Street, Suite 1011, San Francisco,
California 94109, and to David Tillotson, Esq., 4606
Charleston Terrace, NW, Washington, D.C. 20007-1911.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 1.89(b).
2 The Anchorage Office originally released the NAL and mailed
it to American via certified mail return receipt requested on
June 13, 2000. The U.S. Postal Service certified mail card came
back to the Anchorage Office unsigned on July 20, 2000, and the
unclaimed envelope containing the NAL came back to the Anchorage
Office on July 26, 2000. The Anchorage Office therefore re-
released the NAL and mailed it to American via certified mail
return receipt requested and regular first class mail on July 28,
2000. The U.S. Postal Service certified mail card and envelope
containing the re-released NAL came back to the Anchorage Office
marked ``REFUSED'' on August 9, 2000. The first class mail copy
of the re-released NAL was not returned to the Anchorage Office.
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
X3278001 (Enf. Bur., Anchorage Office, released July 28, 2000).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.