*Pages 1--2 from Microsoft Word - 36331* Federal Communications Commission DA 04- 602 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 02- CF- 427 ) Grass Roots Broadcasting, LLC ) NAL/ Acct. No. 200332340001 ) WAMM( AM) ) Woodstock, Virginia ) FRN 0006- 5780- 41 MEMORANDUM OPINION AND ORDER Adopted: March 3, 2004 Released: March 5, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order (“ Order”), we cancel a proposed monetary forfeiture issued in the amount of twenty thousand dollars ($ 20,000) to Grass Roots Broadcasting, LLC (“ Grass Roots”), licensee of AM Station WAMM, Woodstock, Virginia, for willful violation of Sections 17.4( a)( 2), 17.50, and 73.1125( a) of the Commission’s Rules (“ Rules”) 1 . The violations involve Grass Roots’ failure to register and paint its antenna structure and to maintain a main studio. 2. On October 23, 2002, the District Director of the Commission’s Columbia, Maryland Field Office issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of twenty thousand dollars ($ 20,000) to Grass Roots for violation of Sections 17.4( a)( 2), 17.50, and 73.1125( a) of the Rules. 2 Thomas A. Lewis, President of Grass Roots, filed a response to the NAL on November 22, 2002. In its response, Grass Roots states that the violations cited by the NAL have been corrected; it sold the station on October 21, 2002, at a loss; it is without assets; and it has no other broadcast interests. II. DISCUSSION 3. On October 21, 2002, Grass Roots assigned the license of WAMM, 3 and is no longer a Commission licensee. Further, Grass Roots has no assets. According to Virginia State Corporation Commission records, the business license for Grass Roots Broadcasting, LLC, was cancelled on December 31, 2003. Finally, Grass Roots states that the cited rule violations have been corrected. After reviewing the particular circumstances in this case, and per the discretion authorized by Section 504( b) 1 47 C. F. R. §§ 17. 4( a)( 2), 17.50 and 73.1125( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200332340001 (Enf. Bur., Columbia Office, released October 23, 2002). 3 See Application for Assignment of License from Grass Roots Broadcasting, LLC to Hometown Broadcasting, LLC (File No. BAL- 20020725AAN). Granted September 13, 2002. Consummated October 21, 2002. 1 Federal Communications Commission DA 04- 602 2 of the Act, 4 and implemented by Section 1.80( i) of the Rules, 5 we conclude that cancellation of the proposed $20, 000 forfeiture is warranted. 6 4. Accordingly, IT IS ORDERED that, pursuant to Section 504( b) of the Act and Section 1.80( i) of the Rules, the proposed $20, 000 forfeiture issued to Grass Roots broadcasting IS CANCELLED. 5. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by regular mail and Certified Mail Return Receipt Requested to Thomas A. Lewis at 100 Wolf’s Lane, Fort Valley, Virginia 22652. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 4 47 U. S. C. § 504( b). 5 47 C. F. R. § 1.80( i). 6 See Madison Broadcasting Group, Inc., 18 FCC Rcd 4860, 4861 (Enf. Bur. 2003). 2