*Pages 1--2 from Microsoft Word - 30111* Federal Communications Commission DA 03- 2615 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) File No.: EB- 02- OR- 317 Best Country Broadcasting, LLC ) NAL/ Acct. No. 200332620009 ) FRN 0007- 9006- 99 Owner of Unregistered Antenna Structure ) Located at 30º 50’29” North Latitude by 089º ) 50’ 06” West Longitude ) ) Bogalusa, Louisiana ) FORFEITURE ORDER Adopted: August 6, 2003 Released: August 11, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of three thousand dollars ($ 3,000) to Best Country Broadcasting, LLC (“ Best Country”), owner of the antenna structure located at 30º 50’ 29” North Longitude by 89º 50’ 06” West Longitude in Bogalusa, Louisiana for willful and repeated violation of Section 17.4( a) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Best Country’s failure to register its antenna structure. 2. On February 19, 2003, 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 $3, 000 to Best Country. 2 Best Country has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Finally, we note that a search of the Commission’s antenna structure registration database revealed that as of the adoption date of this Order, Best Country still had not registered its antenna structure with the Commission. Accordingly, we will require, pursuant to Section 308( b) of the Communications Act of 1934, as amended (“ Act”) 3 that Best Country submit a report to the Enforcement Bureau within 30 days of the release of this Order demonstrating that it has filed an antenna structure registration application. Best Country’s report must be submitted in the form of an affidavit or declaration signed by an officer or director of Best Country. 4 1 47 C. F. R. § 17. 4( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332620009 (Enf. Bur., New Orleans Office, released February 19, 2003). 3 47 U. S. C. § 308( b). 4 Such affidavit or declaration should comply with Section 1.16 of the Rules, 47 C. F. R. § 1.16, and be substantially in the form set forth therein. 1 Federal Communications Commission DA 03- 2615 2 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503( b) of the Act, 5 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 6 Best Country Broadcasting, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully and repeatedly violating Section 17.4( a) of the Rules. 5. 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. 7 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. 200332620009, and FRN 0007- 9006- 99. 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. 8 6. IT IS FURTHER ORDERED that, pursuant to Section 308( b) of the Act, Best Country must submit the report described in paragraph 3 no later than thirty (30) days from the date of release of this Order to: Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division, 445 12 th Street, S. W., Washington, D. C. 20554, Attention: Carmen Suarez. 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Best Country Broadcasting, LLC, P. O. Box 280, Bogalusa, Louisiana 70429- 0280. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 5 47 U. S. C. § 503( b). 6 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 7 47 U. S. C. § 504( a). 8 See 47 C. F. R. § 1.1914. 2