*Pages 1--2 from Microsoft Word - 6493.doc* Federal Communications Commission DA 00- 2319 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 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). 1 Federal Communications Commission DA 00- 2319 2 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 Rules 6 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 6 47 C. F. R. § 1. 80. 7 47 U. S. C. § 504( a). 8 See 47 C. F. R. § 1.1914. 2