Federal Communications Commission DA 12-901 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Arthur Lee Young Cosby, TN ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00001026 NAL/Acct. No.: 201232480003 FRN: 0021636261 FORFEITURE ORDER Adopted: June 8, 2012 Released: June 8, 2012 By the Regional Director, South Central 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 Arthur Lee Young for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act)1 and willful violation of Section 303(n) of the Act.2 The noted violations involved Mr. Young’s operation of an unlicensed radio station on the frequency 87.9 MHz and refusal to allow an inspection of his radio station. 2. On March 27, 2012, the Enforcement Bureau’s Atlanta Office (Atlanta Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $22,000 to Mr. Young.3 Mr. Young has not filed a response to the NAL.4 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,5 and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the Commission’s rules,6 Arthur Lee Young IS LIABLE FOR A MONETARY FORFEITURE in the amount of $22,000 for violations of Sections 301 and 303(n) of the Act.7 1 47 U.S.C. § 301. 2 47 U.S.C. § 303(n). 3 Arthur Lee Young., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 2960 (Enf. Bur. 2012). 4 “King Dennis Craig, surnamed Bynum” submitted a letter, claiming that, as of February 24, 2012, he owned the land near Cosby, Tennessee formerly owned by Mr. Young and that he was broadcasting from there. Letter from King Dennis Craig Surnamed Bynum to Agent, Atlanta Office, South Central Region, Enforcement Bureau (Apr. 3, 2012) (on file in EB-FIELDSCR-12-00001026). Mr. Bynum claimed to be an American National not subject to the jurisdiction of the United States. On April 19, 2012, an agent from the Atlanta Office telephoned Mr. Young and asked if Mr. Bynum had responded on his behalf. Mr. Young replied that he had no knowledge of the letter from Mr. Bynum and that he had nothing to do with the station anymore. We note that Sevier County Tennessee property records show that, as of May 17, 2012, Mr. Young owned the property where the transmitter was located. See Tennessee Trustee Webpage at http://sevier.tennesseetrustee.org/ (last visited May 17, 2012). 5 47 U.S.C. § 503(b). 6 47 U.S.C. §§ 301, 303(n); 47 C.F.R. §§ 0.111, 0.204, 0.311, 1.80(f)(4). 7 47 U.S.C. § 301. Federal Communications Commission DA 12-901 2 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 Section 504(a) of the Act.8 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 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. Regardless of form of payment, 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. Arthur Lee Young shall 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 both First Class Mail and Certified Mail, Return Receipt Requested, to Arthur Lee Young at his address of record. FEDERAL COMMUNICATIONS COMMISSION Dennis P. Carlton Regional Director, South Central Region Enforcement Bureau 8 47 U.S.C. § 504(a).