Federal Communications Commission DA 12-685 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of R. J.’s Late Night Entertainment Corporation Licensee of Station WHPR-FM Highland Park, Michigan ) ) ) ) ) ) File No.: EB-10-DT-0039 NAL/Acct. No.: 201232360002 FRN: 0011011509 Facility ID No. 54428 FORFEITURE ORDER Adopted: May 2, 2012 Released: May 2, 2012 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of twenty- two thousand dollars ($22,000) to R.J.’s Late Night Entertainment Corporation (R.J.), licensee of Non- Commercial Educational Class D Station WHPR-FM, Highland Park, Michigan (Station), for willfully and repeatedly violating Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission’s rules. 1 The noted violations involved R.J.’s failure to maintain operational EAS equipment, relocation of the Station’s transmitter without authorization, and failure to maintain and make available the Station’s local public inspection file. 2. On October 24, 2011, the Enforcement Bureau’s Detroit Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to R.J.2 R.J. 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, 0.204, 0.311 and 1.80(f)(4) of the Commission’s rules,4 R.J.’s Late Night Entertainment Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 11.35(a), 73.1690(b)(2), and 73.3527(b)(1) of the Commission’s rules.5 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within thirty (30) calendar 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 enforcement pursuant to 1 47 C.F.R. §§ 11.35(a), 73.1690(b)(2), 73.3527(b)(1). 2 R.J.’s Late Night Entertainment Corporation, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd 15022 (Enf. Bur. 2012). 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.204, 0.311, 1.80(f)(4). 5 47 C.F.R. §§ 11.35(a), 73.1690(b)(2), 73.3527(b)(1). Federal Communications Commission DA 12-685 2 section 504(a) of the Act.6 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 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. Payments 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. R.J.’s Late Night Entertainment Corporation shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both First Class Mail and Certified Mail, Return Receipt Requested, to R.J.’s Late Night Entertainment Corporation at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, South Central Region Enforcement Bureau 6 47 U.S.C. § 504(a).