*Pages 1--2 from Microsoft Word - 22525.doc* Federal Communications Commission DA 02- 2914 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Cornbelt Broadcasting Co. ) File No. EB- 02- CG- 104 Licensee of WHOW( AM) and WHOW- FM ) NAL/ Acct. No. 200232320006 Clinton, Illinois ) FRN: 0003- 7736- 94 FORFEITURE ORDER Adopted: October 29, 2002 Released: October 31, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of $17,000 to Cornbelt Broadcasting Co. (“ Cornbelt Broadcasting”), licensee of WHOW( AM) and WHOW- FM, for willfully and repeatedly violating Sections 11.35( a), 17.4( g), and 73.49 of the Commission’s Rules (“ Rules”). 1 The noted violations involve Cornbelt Broadcasting’s failure to have an operational Emergency Alert System decoder, post an antenna structure registration number, and enclose its AM antenna structure within effective locked fences or other enclosures. 2. On June 18, 2002, the District Director of the Enforcement Bureau’s Chicago District Office issued a $17,000 Notice of Apparent Liability for Forfeiture (“ NAL”) to Cornbelt Broadcasting for the noted violations. 2 Cornbelt Broadcasting 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”), 3 and Sections 0.111, 0.311, and 1.80( f)( 4) of the Rules, 4 Cornbelt Broadcasting Co. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 11.35( a), 17.4( g), and 73.49 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. 5 If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant 1 47 C. F. R. §§ 11. 35( a), 17. 4( g), 73. 49. 2 Cornbelt Broadcasting Co., NAL/ Acct. No. 200232320006 (Enf. Bur., Chicago District Office, rel. June 18, 2002). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0.111, 0. 311, 1.80( f)( 4). 5 47 C. F. R. § 1.80. 1 Federal Communications Commission DA 02- 2914 2 to Section 504( a) of the Act. 6 Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment must include the FCC Registration Number (“ FRN”) referenced above, and should also note the NAL/ Acct. No. referenced above. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12 th Street, S. W., Washington, D. C. 20554. 7 5. IT IS FURTHER ORDERED that a copy of this Order shall by sent by first class and by certified mail, return receipt requested, to Mr. James R. Livesay, II, Cornbelt Broadcasting Co., South Route 51, R. R. 2, Box 117M, Clinton, Illinois 61727- 9518. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 47 U. S. C. § 504( a). 7 See 47 C. F. R. § 1.1914. 2