Federal Communications Commission DA 09-176 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Perry Broadcasting Systems Lajas, PR Owner of Antenna Structure #s 1063859 and 1063860 ) ) ) ) ) ) ) ) ) File No. EB-08-SJ-045 NAL/Acct. No. 200932680001 FRN 10123388 FORFEITURE ORDER Adopted: February 2, 2009 Released: February 4, 2009 By the Regional Director, South Central Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of thirteen thousand dollars ($13,000) to Perry Broadcasting Systems (“PBS”), owner of antenna structure #s 1063859 and 1063860, in Lajas, Puerto Rico, for willful and repeated violations of Sections 17.51(a) and 17.57 of the Commission's Rules (“Rules”).1 The noted violations involve PBS’ failure to exhibit all red obstruction lighting on its antenna structures, and failure to notify immediately the Commission of a change in ownership. 2. On November 12, 2008, the Commission’s San Juan Office of the Enforcement Bureau (“San Juan Office”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $13,000 to PBS.2 PBS 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 Perry Broadcasting Systems IS LIABLE FOR A MONETARY FORFEITURE in the amount of $13,000 for violations of Sections 17.51(a) and 17.57 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 1 47 C.F.R. §§ 17.51, 17.57. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932680001 (Enf. Bur., San Juan Office, released November 12, 2008). 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 17.51(a), 17.57. 5 47 U.S.C. § 504(a). Federal Communications Commission DA 09-176 2 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 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. PBS 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 Perry Broadcasting Systems at its address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau