*Pages 1--2 from Microsoft Word - 32547* Federal Communications Commission DA 03- 3339 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Chatterbox, Inc. ) File No.: EB- 02- OR- 385 Licensee of WQXB( FM) ) NAL/ Acct. No. 200332620011 Grenada, Mississippi ) FRN 0008- 1877- 18 ) FORFEITURE ORDER Adopted: October 22, 2003 Released: October 24, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of two thousand dollars ($ 2,000) to Chatterbox, Inc. (“ Chatterbox”), licensee of radio station WQXB( FM), Grenada, Mississippi, for willful and repeated violation of Section 11.61 of the Commission’s Rules (“ Rules”). 1 The noted violation involves Chatterbox’s failure to conduct required Emergency Alert System tests. 2. On April 18, 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 $2,000 to Chatterbox. 2 Chatterbox has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. Finally, we note that it is unclear from the record before us what steps, if any, Chatterbox has taken to correct the violations cited in the NAL and to ensure that these violations do not recur in the future. Accordingly, we will require, pursuant to Section 308( b) of the Communications Act of 1934, as amended, (“ Act”), 3 that Chatterbox submit a report to the Enforcement Bureau within 30 days of the release of this order outlining what measures it has taken or will take to correct the violations and ensure that they do not recur. Chatterbox’s report must be submitted in the form of an affidavit or declaration. 4 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 Chatterbox, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willfully and repeatedly violating Section 11. 61 of the Rules. 1 47 C. F. R. § 11. 61. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332620011 (Enf. Bur., New Orleans Office, released April 18, 2003). 3 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. 5 47 U. S. C. § 503( b). 6 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 1 Federal Communications Commission DA 03- 3339 2 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. 200332620011 and FRN 0008- 1877- 18. 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, Chatterbox, Inc. 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 12th Street, S. W., Washington, D. C. 20554, Attention: Jacqueline Johnson. 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 Chatterbox, Inc., 1348 Sunset Drive, Grenada, Mississippi 38901. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 7 47 U. S. C. § 504( a). 8 See 47 C. F. R. § 1.1914. 2