*Pages 1--2 from Microsoft Word - 24787.doc* Federal Communications Commission DA 03- 342 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) Small Town Radio, Inc. ) File No.: EB- 02- AT- 291 ) NAL/ Acct. No. 200332480007 Licensee of Station WDGR( AM) ) FRN 0005- 0483- 35 Dahlonega, Georgia ) FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of fifteen thousand dollars ($ 15,000) to Small Town Radio, Inc. (“ Small Town”), licensee of Station WDGR( AM), Dahlonega, Georgia, for willful and repeated violation of Sections 11.35( a) and 73. 49 of the Commission’s Rules (“ Rules”). 1 The noted violations involve Small Town’s failure to maintain operational emergency alert system equipment and failure to enclose the station’s antenna tower within an effective locked fence. 2. On November 13, 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 $15,000 to Small Town. 2 Small Town 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 Small Town Radio Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $15,000 for willfully and repeatedly violating Sections 11. 35( a) and 73. 49 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. 200332480007, and FRN 0005- 1 47 C. F. R. §§ 11. 35( a) and 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332480007 (Enf. Bur., Atlanta Office, released July November 13, 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- 342 2 0483- 35. 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 Small Town Radio, Inc., 12600 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2