*Pages 1--2 from Microsoft Word - 46441.doc* Federal Communications Commission DA 05- 483 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Dead Air Broadcasting Company, Inc. Owner of Unregistered Antenna Structure Dillon, Montana ) ) ) ) ) ) ) ) ) File Number EB- 03- ST- 090 NAL/ Acct. No. 200432980001 FRN 0010640480 MEMORANDUM OPINION AND ORDER Adopted: February 24, 2005 Released: February 28, 2005 By the Assistant Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we cancel a proposed monetary forfeiture in the amount of three thousand dollars ($ 3,000) issued to Dead Air Broadcasting Company, Inc. (“ Dead Air”), licensee of Station KDBM( AM), Dillon, Montana, and owner of the station’s antenna structure, and admonish Dead Air for its violation of Section 17.4( a) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Dead Air’s failure to register its antenna structure for the station. 2 2. On March 29, 2004, the District Director of the Commission’s Seattle, Washington, Field Office (“ Seattle Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) to Dead Air in the amount of three thousand dollars ($ 3,000) for apparent willful and repeated violation of Section 17.4( a) of the Rules. 3 Dead Air filed a response on April 23, 2004. After reviewing Dead Air’s response, and the specific record before us, we conclude that the proposed monetary forfeiture against Dead Air should be cancelled, and Dead Air should be admonished for its violation of Section 17.4( a) of the Rules. 3. Accordingly, IT IS ORDERED that, pursuant to Section 503( b) of the Communications Act of 1934, as amended 4 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 5 the proposed $3,000 forfeiture issued to Dead Air Broadcasting, Inc. IS CANCELLED. 4. IT IS FURTHER ORDERED that Dead Air Broadcasting, Inc., IS ADMONISHED for failure to register its tower. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 1 47 C. F. R. § 17.4( a). 2 47 C. F. R. § 17.4( a). 3 See Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432980001 (Enf. Bur., Seattle Office, released March 29, 2004). 4 47 U. S. C. § 503( b). 5 47 C. F. R. §§ 0.111, 0. 311, 1.80( f)( 4). 1 Federal Communications Commission DA 05- 483 2 Certified Mail, Return Receipt Requested, to Jo Ann Juliano, President, Dead Air Broadcasting Company, Inc., 610 N. Montana Street, Dillon, Montana 59725. FEDERAL COMMUNICATIONS COMMISSION George R. Dillon Assistant Chief, Enforcement Bureau 2