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 Federal  Communications  Commission  DA  03-  2253 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  )  File  No.:  EB-  02-  AT-  307 
 J.  L.  Brewer  Broadcasting  of  Cleveland,  LLC  )  NAL/  Acct.  No.  200232480020  Chattanooga,  Tennessee  )  FRN  0003-  7349-  10 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  9,  2003  Released:  July  11,  2003 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  grant  the  petition  for  reconsideration  filed  by  J.  L.  Brewer  Broadcasting  of  Cleveland,  LLC  (“  Brewer”)  of  our  Forfeiture  Order  1 
 finding  it  liable  for  a  monetary  forfeiture  in  the  amount  of  three  thousand  dollar  ($  3,000)  for  an  apparent  willful  violation  of  Section  17.4(  a)  of  the  Commission’s  Rules  (“  Rules”).  2  The  alleged  violation  was 
 failure  to  register  an  antenna  structure. 
 2.  Brewer  is  the  licensee  of  broadcast  station  WDNT(  AM)  in  Dayton,  Tennessee.  On  September  9,  2002,  the  District  Director  of  the  Commission’s  Atlanta,  Georgia,  Field  Office  (“  Atlanta 
 Office”)  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  3  in  the  amount  of  $3,000  to  Brewer  for  failure  to  register  WDNT’s  antenna  structure,  in  apparent  willful  violation  of  Section  17.  4(  a)  of  the 
 Commission’s  Rules.  After  Brewer  failed  to  respond  to  the  NAL,  the  Enforcement  Bureau  issued  a  Forfeiture  Order  affirming  the  forfeiture.  In  its  petition  for  reconsideration  of  the  Forfeiture  Order,  Brewer 
 asserts  that  it  does  not  own  the  antenna  structure  used  by  WDNT.  The  Atlanta  Office  has  now  confirmed  that  Brewer  does  not  own  WDNT’s  antenna  structure  and  did  not  own  it  at  the  time  of  the  alleged  violation.  4 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  405  of  the  Communications  Act  of  1934,  as  amended  (“  Act”),  5  and  Section  1.106  of  the  Rules,  6  Brewer’s  petition  for  reconsideration 
 IS  GRANTED;  and  that,  pursuant  to  Section  504(  b)  of  the  Act  7  and  Section  1.80(  f)(  4)  of  the  Rules,  8  the  $3,000  monetary  forfeiture  issued  to  Brewer  IS  CANCELLED. 


 1  18  FCC  Rcd  1035  (Enf.  Bur.  2003) 
 2  47  C.  F.  R.  §  17.  4(  a). 
 3  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200232480020  (Enf.  Bur.,  Atlanta  Office, 
 released  September  9,  2002). 


 4  At  the  time  of  the  inspection,  a  station  representative  informed  our  agent  that  the  licensee  owned  the  tower. 


 5  47  U.  S.  C.  §  405 
 6  47  C.  F.  R.  §  1.106 
 7  47  U.  S.  C.  §  504(  b). 
 8  47  C.  F.  R.  §  1.80(  f)(  4). 
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 Federal  Communications  Commission  DA  03-  2253 
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 4.  IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  J.  L.  Brewer  Broadcasting  of  Cleveland,  LLC,  1305 
 Carter  Street,  Chattanooga,  Tennessee  37402. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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