*Pages 1--2 from Microsoft Word - 27502.doc* Federal Communications Commission DA 03- 1503 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Minority Business and Housing Development, Inc. ) File No.: EB- 02- PA- 200 ) NAL/ Acct. No. 200332400003 Licensee, WYGG( FM) ) FRN 0007- 5125- 28 ) Uniondale, New York ) FORFEITURE ORDER Adopted: May 5, 2003 Released: May 7, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($ 13,000) to Minority Business and Housing Development, Inc. (“ Minority Business”), licensee of radio station WYGG, Asbury Park, New Jersey, for willful and repeated violation of Sections 11.35( a) and 73.1350( a) of the Commission’s Rules (“ Rules”). 1 The noted violations involve Minority Business’s failure to install Emergency Alert System equipment and failure to operate in accordance with the terms of the station authorization. 2. On December 30, 2002, the District Director of the Commission’s Philadelphia, Pennsylvania Field Office (“ Philadelphia Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $13,000 to Minority Business. 2 Minority Business has not filed a response to the NAL. Based on the information before us, we affirm the 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 Minority Business and Housing Development, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for willfully and repeatedly violating Sections 11. 35( a) and 73.1350( a) 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. 5 Payment shall 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 NAL/ Acct. No. 200332400003, and FRN 0007- 1 47 C. F. R. §§ 11. 35( a) and 73.1350( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332400003 (Enf. Bur., Philadelphia Office, released December 30, 2002). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 03- 1503 2 5125- 28. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 6 5. IT IS FURTHER ORDERED THAT a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Minority Business and Housing Development, Inc., 612 Leonard Avenue, Uniondale, New York 11553. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2