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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kel-Comm Broadcasting Inc. )
Radio Station WPQR-FM ) File Number EB-99-PA-143
133 East Crawford Avenue ) NAL/Acct. No. X15PA0001
Connellsville, Pennsylvania )
15425 )
)
)
FORFEITURE ORDER
Adopted: March 22, 2000 Released: March
23, 2000
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of twenty thousand dollars
($20,000) against Kel-Comm Broadcasting, Inc., for willful and
repeated violations of Section 303(q) of the Communications Act
of 1934, as amended (``Act''), and Sections 1.89, 11.15, 11.35,
11.41, 17.4, 17.21, and 17.50 of the Commission's Rules
(``Rules'').1 The noted violations involve failure to respond to
a Notice of Violation, failure to comply with prescribed tower
marking requirements, failure to register the tower, and failure
to install and operate EAS equipment.
2. On October 29, 1999, the Commission's Philadelphia,
Pennsylvania Field Office issued a Notice of Apparent Liability
(``NAL'') for Forfeiture in the amount of twenty thousand dollars
(20,000). Kel-Comm Broadcasting Inc. has not filed a response.
Based on the information before us, we affirm this forfeiture.
3. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,2 and sections 0.111, 0.311 and 1.80 of the
Rules,3 Kel-Comm Broadcasting Inc., IS LIABLE FOR A MONETARY
FORFEITURE in the amount $20,000, for willful and repeated
violations of Section 303(q) of the Act, and Sections 1.89,
11.15, 11.35, 11.41, 17.4, 17.21, and 17.50 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.4
Payment may be made by credit card through the Commission's
Credit and Debt Management Center at (202) 418-1995 or 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. number referenced above.
Requests for full payment under an installment plan should be
sent to: Chief, Credit and Debt Management Center, 445 12th
Street, S.W., Washington, D.C. 20554.
5. IT IS FURTHER ORDERED that a copy of this Forfeiture
Order shall be sent by Certified Mail, Return Receipt Requested,
to Kel-Comm Broadcasting Inc. at 133 East Crawford Avenue,
Connellsville, Pennsylvania 15425.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 303(q); 47 C.F.R. §§ 1.89, 11.15, 11.35, 11.41,
17.4, 17.21, and 17.50.
2 47 U.S.C. § 503(b).
3 47 C.F.R. §§ 0.111, 0.311, 1.80.
4 47 U.S.C. § 504(a).