*Pages 1--4 from Microsoft Word - 5466.doc* Federal Communications Commission DA 00- 2804 ___________________________________________________________________________________ 1 NOTE: An Erratum is attached to the end of this document. 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 12, 2000 Released: December 13, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of eleven thousand dollars ($ 11,000.00) 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, and Section 73.3615 of the Commission’s rules 3 by failing to file an updated ownership report with the Commission. 2. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability 1 47 U. S. C. § 310. 2 47 C. F. R. § 73.3540. 3 47 C. F. R. § 73.3615. 1 Federal Communications Commission DA 00- 2804 ___________________________________________________________________________________ 2 (“ NAL”) for Forfeiture in the amount of eleven thousand dollars ($ 11,000.00). 4 Hackler did not file a response. Based on that information, we affirm the July 14, 2000, NAL . II. ORDERING CLAUSES 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to 503( b) of the Act 5 , and Sections 0.111, 0.311 and 1.80( f)( 4) of the Commission's rules 6 , Kevin Hackler, IS LIABLE FOR A MONETARY FORFEITURE in the amount of eleven thousand dollars ($ 11,000.00) 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, and for failing to file required forms or information with the Commission, pursuant to Section 73.3615 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 7 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. 8 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. 9 5. IT IS FURTHER ORDERED THAT a copy of this 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 See In the Matter of Kevin Hackler, 15 FCC Rcd 12928 (July 14, 2000). 5 47 U. S. C. § 503( b). 6 47 C. F. R. §§ 0.111, 0.311, 1.80( f)( 4). 7 47 C. F. R. § 1.80. 8 47 U. S. C. § 504( a). 9 See 47 C. F. R. § 1.1914. 2 Federal Communications Commission DA 00- 2804 ___________________________________________________________________________________ 3 ERRATUM Erratum Adopted: December 12, 2000 Erratum Released: December 13, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. On December 6, 2000, we issued a Forfeiture Order (“ Order”) 10 that affirmed a July 14, 2000, Notice of Apparent Liability (“ NAL”) against Kevin Hackler (“ Hackler”) for apparently violating Section 310( d) of the Communications Act of 1934 (“ Act”), as amended 11 , and Section 73.3540 of the Commission's rules, 12 by transferring control of commercial radio Station KSRW( FM), Childress, TX, to Kenneth Paul Harris, Sr. (“ Harris”) without first obtaining Commission approval. That Order, however, inadvertently omitted the July 14, 2000, NAL’s reference to Hackler’s apparent failure to file with the Commission an updated ownership report, in violation of Section 73.3615 of the Commission’s rules. 13 2. Consequently, the December, 6, 2000, Order, imposed a forfeiture amount, $8,000, that erroneously reflected only Hackler’s violation of Section 73.3540 of the Commission’s rules, and not his additional violation of Section 73.3615 of the Commission’s rules, for which the base fine is $3,000. Therefore, by separate action this day we have issued a further Order imposing a forfeiture amount of $11,000, consistent with the July 14, 2000, NAL. II. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED THAT, the Forfeiture Order issued In the Matter of Kevin Hackler (DA 00- 2742), ___ FCC Rcd ___ (December 6, 2000), IS HEREBY VACATED. 4. IT IS FURTHER ORDERED THAT a copy of this Erratum 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 10 See In the Matter of Kevin Hackler (DA 00- 2742), ___ FCC Rcd ___ (December 6, 2000). 11 47 U. S. C. § 310. 12 47 C. F. R. § 73.3540. 13 47 C. F. R. § 73.3615. 3 Federal Communications Commission DA 00- 2804 ___________________________________________________________________________________ 4 Chief, Enforcement Bureau 4