*Pages 1--2 from Microsoft Word - 29546* Federal Communications Commission DA 03- 2360 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) File No.: EB- 03- SJ- 009 Southern Broadcasting Corporation ) NAL/ Acct. No. 200332680003 Licensee of WENA ) FRN 0007- 7339- 26 Yauco, Puerto Rico ) FORFEITURE ORDER Adopted: July 17, 2003 Released: July 21, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of eight thousand dollars ($ 8,000) to Southern Broadcasting Corporation (“ Southern”), licensee of Radio Broadcast Station WENA, Yauco, Puerto Rico, for willful and repeated violation of Section 11. 35 of the Commission’s Rules (“ Rules”). 1 The noted violation involves Southern’s failure to install Emergency Alert System equipment at WENA. 2. On March 11, 2003, the Commission’s San Juan, Puerto Rico Resident Agent Office (“ San Juan Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $8,000 to Southern. 2 Southern 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 Southern IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully and repeatedly violating Section 11. 35 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. 200332680003, and FRN 0007- 1 47 C. F. R. § 11. 35. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332680003 (Enf. Bur., San Juan Office, released March 11, 2003). 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- 2360 2 7339- 26. 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 Southern Broadcasting Corporation, POB 1338, Yauco, Puerto Rico 00698. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2