*Pages 1--2 from Microsoft Word - 5305.doc* Federal Communications Commission DA 00- 2742 ___________________________________________________________________________________ 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) ) KEVIN HACKLER ) ) ) Former Licensee, Station KSRW( FM) ) ) ) Childress, Texas ) ) File Number 98080351 NAL/ Acct. No. x32080020 FORFEITURE ORDER Adopted: December 5, 2000 Released: December 6, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of eight thousand dollars ($ 8,000.00) against Kevin Hackler (“ Hackler”) for apparently violating Section 310( d) of the Communications Act of 1934 (“ Act”), as amended 1 , and Section 73.3540 of the Commission's rules, 2 by transferring control of commercial radio Station KSRW( FM), Childress, TX, to Kenneth Paul Harris, Sr. (“ Harris”) without first obtaining Commission approval. 2. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability (“ NAL”) for Forfeiture in the amount of eight thousand dollars ($ 8,000.00). 3 Hackler has not filed a response. Based on the information before us, we affirm our prior forfeiture. 1 47 U. S. C. § 310. 2 47 C. F. R. § 73.3540. 3 See In the Matter of Kevin Hackler, 15 FCC Rcd 12928 (July 14, 2000). 1 Federal Communications Commission DA 00- 2742 ___________________________________________________________________________________ 2 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503( b) of the Act 4 , and Sections 0.111, 0.311 and 1.80( f)( 4) of the Commission's rules 5 , Kevin Hackler, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand dollars ($ 8,000) for violating the provisions of the Communications Act and the Commission's rules requiring persons to obtain Commission authorization prior to transferring station control, pursuant to Section 310( d) of the Act and Section 73.3540 of the Commission’s rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1. 80 of the Commission’s 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 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.] 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. 8 5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by Certified Mail Return -- Receipt Requested to Kevin Hackler, HCR 4, Box 25, Childress, TX 79201. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 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. 2