******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. 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 Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Kel-Comm Broadcasting Inc. ) Radio Station WPQR-FM ) File Number EB-99-PA-143 133 East Crawford Avenue ) NAL/Acct. No. X15PA0001 Connellsville, Pennsylvania ) 15425 ) ) ) FORFEITURE ORDER Adopted: March 22, 2000 Released: March 23, 2000 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twenty thousand dollars ($20,000) against Kel-Comm Broadcasting, Inc., for willful and repeated violations of Section 303(q) of the Communications Act of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the Commission's Rules (``Rules'').1 The noted violations involve failure to respond to a Notice of Violation, failure to comply with prescribed tower marking requirements, failure to register the tower, and failure to install and operate EAS equipment. 2. On October 29, 1999, the Commission's Philadelphia, Pennsylvania Field Office issued a Notice of Apparent Liability (``NAL'') for Forfeiture in the amount of twenty thousand dollars (20,000). Kel-Comm Broadcasting Inc. 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 Act,2 and sections 0.111, 0.311 and 1.80 of the Rules,3 Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount $20,000, for willful and repeated violations of Section 303(q) of the Act, and Sections 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 of the 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 collection pursuant to section 504(a) of the Act.4 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. number referenced above. 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. 5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by Certified Mail, Return Receipt Requested, to Kel-Comm Broadcasting Inc. at 133 East Crawford Avenue, Connellsville, Pennsylvania 15425. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. § 303(q); 47 C.F.R. §§ 1.89, 11.15, 11.35, 11.41, 17.4, 17.21, and 17.50. 2 47 U.S.C. § 503(b). 3 47 C.F.R. §§ 0.111, 0.311, 1.80. 4 47 U.S.C. § 504(a).