*Pages 1--2 from Microsoft Word - 44591.doc* Federal Communications Commission DA 04- 3860 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Metropolitan Radio Group, Inc. Licensee of AM Radio Station WBRD, Palmetto, Florida Springfield, Missouri ) ) ) ) ) ) ) ) File Number EB- 03- TP- 357 NAL/ Acct. No. 200432700013 FRN 0007- 0069- 84 FORFEITURE ORDER Adopted: December 8, 2004 Released: December 10, 2004 By the Assistant Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of seven thousand dollars ($ 7,000) against Metropolitan Radio Group, Inc., licensee of AM radio station WBRD, Palmetto, Florida for willful and repeated violation of Section 73.49 of the Commission’s Rules (“ Rules”). 1 The noted violation involves the failure to maintain an effective locked fence around the base of its AM antenna towers. 2. On March 11, 2004, the District Director, Enforcement Bureau, Tampa Office issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of seven thousand dollars ($ 7,000) for the referenced Rule violation. 2 Metropolitan Radio Group, Inc., has not filed a response. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503( b) of the Act 3 , and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 Metropolitan Radio Group, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $7,000 for violating Section 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 of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/ Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. 1 47 C. F. R. § 73.49. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432700013 (Enf. Bur., Tampa Office, rel. Mar. 11, 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- 3860 2 Payment by overnight mail may be sent to Bank One/ LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire transfer may be made to ABA Number 071000013, receiving bank Bank One, and account number 1165259. 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 Forfeiture Order shall be sent by Certified Mail Return Receipt Requested and First Class Mail to Metropolitan Radio Group, Inc., 318 E. Pershing Street, Springfield, Missouri 65806. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2