*Pages 1--2 from Microsoft Word - 24719.doc* Federal Communications Commission DA 03- 271 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 ) FRN 0003- 7349- 10 Owner of Unregistered Antenna Structure ) Located at 35º 28’12” North Latitude by 85º ) 02’ 15” West Longitude in Dayton, Tennessee ) ) Chattanooga, Tennessee ) FORFEITURE ORDER Adopted: January 29, 2003 Released: January 31, 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 J. L. Brewer Broadcasting of Cleveland, LLC (“ Brewer), owner of the antenna structure located at 35º 28’12” North Longitude by 85º 02’ 15” West Longitude in Dayton, Tennessee for willful violation of Section 17.4( a) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Brewer’s failure to register its antenna structure. 2. 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”) in the amount of $3,000 to Brewer. 2 Brewer 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 J. L. Brewer Broadcasting of Cleveland, LLC IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for willfully violating Section 17. 4( 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 1 47 C. F. R. § 17. 4( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200232480020 (Enf. Bur., Atlanta Office, released September 9, 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- 271 2 “Federal Communications Commission,” to the Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment should note NAL/ Acct. No. 200232480020, and FRN 0003- 7349- 10. 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 J. L. Brewer Broadcasting of Cleveland, LLC, 1305 Carter Street, Chattanooga, Tennessee 37402. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2