*Pages 1--2 from Microsoft Word - 40012* Federal Communications Commission DA 04- 2043 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Sunbelt Television, Inc. ) File No.: EB- 03- LA- 144 License of KHIZ( TV) ) NAL/ Acct. No. 200432900005 Victorville, California ) FRN 0007940810 ) FORFEITURE ORDER Adopted: July 7, 2004 Released: July 9, 2004 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 Sunbelt Television, Inc. (“ Sunbelt”), licensee of TV broadcast station KHIZ( TV), Victorville, California, for repeated violation of Section 11.35( a) and 11.61( a)( 1) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Sunbelt’s failure to conduct required monthly Emergency Alert System (“ EAS”) tests and to determine the cause of failures to receive required EAS tests. 2. On April 12, 2004, the Resident Agent of the Commission’s Los Angeles, California Field Office (“ Los Angeles Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $2,000 to Sunbelt. 2 Sunbelt 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 Sunbelt Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2, 000 for repeatedly violating Section 11.35( a) and 11.61( a)( 1) 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. 200432900005 and 1 47 C. F. R. §§ 11. 35( a), 11. 61( a)( 1). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432900005 (Enf. Bur., Los Angeles Office, released April 12, 2004). 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 04- 2043 2 FRN 0007940810. 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 Sunbelt Television, Inc., 15605 Village Drive, Victorville, California 92393. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2