*Pages 1--1 from Microsoft Word - 59395.doc* Federal Communications Commission DA 06- 1743 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Gilmore Broadcasting Corporation ) ) ) ) ) ) ) ) File No. EB- 06- SE- 080 NAL/ Acct. No. 200632100014 FRN # 0002062396 MEMORANDUM OPINION AND ORDER Adopted: August 30, 2006 Released: September 1, 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we rescind, on our own motion, a four thousand dollar ($ 4, 000) Forfeiture Order issued to Gilmore Broadcasting Corporation (“ Gilmore”). On June 5, 2006, the Spectrum Enforcement Division (“ Division”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $4,000 to Gilmore. 1 On August 21, 2006, the Division issued a Forfeiture Order affirming the forfeiture proposed by the NAL. 2 Commission records at that time indicated that Gilmore had not filed a response to the NAL or submitted payment of the forfeiture. After the release of the Forfeiture Order, counsel for Gilmore contacted the Division's staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/ Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, 3 the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K Street, N. W., Washington, D. C. 20006. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Casey Chief, Spectrum Enforcement Division Enforcement Bureau 1 Gilmore Broadcasting Corporation, 21 FCC Rcd 6284 (2006). 2 Gilmore Broadcasting Corporation, DA 06- 1650 (Enf. Bur., Spectrum Enf. Div., 2006). 3 47 C. F. R. §§ 0.111, 0. 311, 1.113. 1