Federal Communications Commission DA 08-1528 DRAFT Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of D-Mitch Broadcasting, Inc. Licensee of Radio Station WBSC(AM) Bennettsville, SC Facility ID # 5214 ) ) ) ) ) ) ) File Number: EB-08-AT-0072 NAL/Acct. No.: 200832480002 FRN: 0005003199 FORFEITURE ORDER Adopted: June 27, 2008 Released: July 1, 2008 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to D-Mitch Broadcasting, Inc. (“D-Mitch”), licensee of station WBSC (AM), in Bennettsville, South Carolina for willful and repeated violation of Sections 11.35 and 73.3526 of the Commission’s Rules (“Rules”).1 The noted violations involve D-Mitch’s failure to maintain operational Emergency Alert System (“EAS”) equipment and failure to maintain and make available a complete public inspection file. 2. On May 2, 2008, the Commission’s Atlanta Office of the Enforcement Bureau (“Atlanta Office”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $12,000 to D-Mitch.2 D-Mitch has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934, as amended,3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules,4 D-Mitch Broadcasting, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $12,000 for violation of Sections 11.35 and 73.3526 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications 1 47 C.F.R. §§ 11.35, 73.3526. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832480002 (Enf. Bur., Atlanta Office, released May 2, 2008). 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 11.35, 73.3526. 5 47 U.S.C. § 504(a). Federal Communications Commission DA 08-1528 2 Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. FCC Form 159 may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. D-Mitch will also send electronic notification on the date said payment is made to SCR-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to D-Mitch Broadcasting, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau