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 Federal  Communications  Commission  DA  03-  222 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 )  In  the  Matter  of  ) 
 )  Metro  Birch  Enterprises,  Inc.  )  File  No.:  EB-  02-  OR-  195 
 )  NAL/  Acct.  No.  200232620008  Licensee  of  Station  KBPA(  AM)  )  FRN  0007-  2843-  67 
 Pine  Bluff,  Arkansas  ) 


 FORFEITURE  ORDER 
 Adopted:  January  28,  2003  Released:  January  30,  2003 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Forfeiture  Order  (“  Order”),  we  issue  a  monetary  forfeiture  in  the  amount  of  seventeen  thousand  dollars  ($  17,000)  to  Metro  Birch  Enterprises,  Inc.,  (“  Metro  Birch”)  licensee  of  Station 
 KBPA(  AM),  Pine  Bluff,  Arkansas,  for  willful  violation  of  Sections  73.49  and  73.3526(  a)(  2)  of  the  Commission’s  Rules  (“  Rules”).  1  The  noted  violations  involve  Metro  Birch’s  failure  to  enclose  the 
 station’s  antenna  tower  within  an  effective  locked  fence  and  failure  to  maintain  all  of  the  required  items  in  the  station’s  public  inspection  file. 


 2.  On  July  22,  2002,  the  District  Director  of  the  Commission’s  New  Orleans,  Louisiana  Field  Office  (“  New  Orleans  Office”)  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  in  the  amount 
 of  $17,000  to  Metro  Birch.  2  Metro  Birch  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  Metro  Birch  IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  $17,000  for  willfully  violating  Sections  73.49  and  73.3526(  a)(  2)  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.  200232620008,  and  FRN  0007- 


 1  47  C.  F.  R.  §§  73.  49  and  73.3526(  a)(  2). 
 2  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200232620008  (Enf.  Bur.,  New  Orleans  Office, 
 released  July  22,  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). 
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 Federal  Communications  Commission  DA  03-  222 
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 2843-  67.  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  Metro  Birch  Enterprises,  Inc.,  219  West  5th  Street, 
 Pine  Bluff,  Arkansas  71601. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 6  See  47  C.  F.  R.  §  1.1914. 
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