*Pages 1--1 from Microsoft Word - 43155.doc* Federal Communications Commission DA 04- 3277 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 04- SF- 006 ) Redwood Family Services, Inc. ) NAL/ Acct. No. 200432960001 Licensee of Unregistered Antenna Structure ) Madera, California ) FRN: 0008 6921 88 MEMORANDUM OPININON AND ORDER Adopted: October 18, 2004 Released: October 20, 2004 By the Assistant Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we cancel a three thousand dollar ($ 3,000) Notice of Apparent Liability for Forfeiture (“ NAL”) 1 issued to Redwood Family Services, Inc., licensee of AM Broadcast station KHOT, for its apparent willful and repeated violation of Section 17.4( a) of the Commission’s Rules (“ Rules”). 2 The alleged violation involved Redwood’s failure to properly register the antenna structure used for the operation of KHOT. 3 Based on our review of Redwood’s response to the NAL and the record, which showed that Redwood did not own the tower at the time the NAL was issued, we find that Redwood did not willfully and repeatedly violate Section 17.4( a) of the Rules. Thus, we conclude that no forfeiture should be imposed. 2. Accordingly, IT IS ORDERED that, pursuant to Section 504( b) of the Communications Act of 1934 as amended, and Section 1.80( f)( 4) of the Rules, 4 the instant Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432960001, IS CANCELLED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by Certified Mail, Return Receipt Requested, and by First Class Mail to Redwood Family Services, Inc., P. O. Box 180, Tahoma, California 96142, and its counsel Dennis J. Kelly, Esquire, P. O. Box 41177, Washington, D. C. 20018. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau 1 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432960001 (Enf. Bur., San Francisco Office, released January 30, 2004). 2 47 C. F. R. §§ 17. 4( a). 3 The structure is located near 28050 Avenue 15, Madera, California. 4 47 U. S. C. § 504( b); 47 C. F. R. § 1.80( f)( 4). 1