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 Federal  Communications  Commission  FCC  01-  215 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 American  Radio  Brokers,  Inc.  )  File  No.  EB-  00-  AN-  033  ) 
 Licensee  of  Station  KAXX(  AM)  )  NAL/  Acct.  No.  X3278001  Eagle  River,  Alaska  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  25,  2001  Released:  July  27,  2001 
 By  the  Commission: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  deny  the  May  3,  2001  application 
 for  review  filed  by  American  Radio  Brokers,  Inc.  (“  American”),  licensee  of  Station  KAXX(  AM),  Eagle 
 River,  Alaska,  of  a  Memorandum  Opinion  and  Order  1  (“  MO&  O”)  issued  by  the  Enforcement  Bureau  in 
 this  proceeding.  The  MO&  O  denied  American’s  petition  for  reconsideration  of  a  Forfeiture  Order  2  which 
 imposed  a  $4,000  forfeiture  against  American  for  failure  to  respond  to  written  Commission  inquiries  in 
 willful  violation  of  Section  1.89(  b)  of  the  Commission’s  Rules  (“  Rules”).  3  American’s  only  argument  is 
 that  the  Commission  lacks  the  “moral  authority”  to  impose  forfeitures  because  the  Commission  has  not 
 met  certain  statutory  deadlines  imposed  on  it  relating  to  applications.  It  is  regrettable  that  the 
 Commission  has  missed  certain  statutory  deadlines.  Nevertheless,  the  argument  that  this  affects  the 
 Commission’s  authority  to  impose  a  forfeiture  is  frivolous  and  the  Bureau  properly  rejected  it. 


 2.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Section  1.115  of  the  Rules,  4 
 American  Radio  Brokers,  Inc.  ’s  application  for  review  IS  DENIED. 


 3.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.80  of  the 
 Rules  5  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.  6 
 Payment  shall  be  made  by  mailing  a  check  or  similar  instrument,  payable  to  the  order  of  the  Federal 
 Communications  Commission,  to  the  Federal  Communications  Commission,  P.  O.  Box  73482,  Chicago, 
 Illinois  60673-  7482.  The  payment  should  note  the  NAL/  Acct.  No.  X3278001.  Requests  for  full  payment 


 1  American  Radio  Brokers,  Inc.,  DA  01-  811  (Enf.  Bur.,  April  3,  2001). 
 2  American  Radio  Brokers,  Inc.,  15  FCC  Rcd  19712  (Enf.  Bur.,  2000). 
 3  47  C.  F.  R.  §  1.89(  b). 
 4  47  C.  F.  R.  §  1.  115. 
 5  47  C.  F.  R.  §  1.  80. 
 6  47  U.  S.  C.  §  504(  a). 
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 Federal  Communications  Commission  FCC  01-  215 
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 under  an  installment  plan  should  be  sent  to:  Chief,  Revenue  and  Receivables  Operations  Group,  445  12th 
 Street,  S.  W.,  Washington,  D.  C.  20554.  7 


 4.  IT  IS  FURTHER  ORDERED  that,  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail 
 Return  Receipt  Requested  to  Chester  P.  Coleman,  c/  o  American  Radio  Brokers,  Inc.,  1255  Post  Street, 
 Suite  1011,  San  Francisco,  California  94109,  and  to  David  Tillotson,  Esq.,  4606  Charleston  Terrace,  NW, 
 Washington,  D.  C.  20007-  1911. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Magalie  Roman  Salas 
 Secretary 


 7  See  47  C.  F.  R.  §  1.1914. 
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