Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

) File No.: EB-04-AN-028

American Radio Brokers, Inc. )

d/b/a Radio station KFFR 1020 )

San Francisco, California ) NAL/Acct. No. 200532780002

) FRN: 0010287019

Registrant of Antenna Structure )

ASR \# 1019797 )

Knik, Alaska )

)

## FORFEITURE ORDER

**Adopted: March 9, 2005 Released: March 11, 2005**

By the Regional Director, Western Region, Enforcement Bureau:

1\. In this *Forfeiture Order* ("*Order*"), we issue a monetary
forfeiture in the amount of thirteen thousand dollars (\$13,000) to
American Radio Brokers, Inc., d/b/a/ Radio Station KFFR 1020 ("ARB,
Inc."), San Francisco, California, registrant of Antenna Structure
Number 1019797, located at Knik, Alaska, for willful and repeated
violation of Section 303(q) of the Communications Act of 1934, as
amended, ("the Act"), and Sections 17.48(a) and 17.51(a) of the
Commission\'s Rules ("the Rules").[^1] The noted violation involves
failure by ARB, Inc. to maintain the lighting requirements for the
antenna structure, as prescribed by the Commission, and for failing to
notify an office or flight service station of the FAA regarding light
outages.

2\. On December 10, 2004, the Resident Agent of the Commission's
Anchorage Resident Agent Office of the Enforcement Bureau's Western
Region issued a *Notice of Apparent Liability for Forfeiture* ("*NAL*")
in the amount of \$13,000 to ARB, Inc.[^2] ARB, Inc. requested an
extension of time to respond to the *NAL* until January 31, 2005.[^3]
The Anchorage Resident Agent granted the extension of time until January
31, 2005.[^4] ARB, Inc., however, has failed to file a response to the
*NAL*. Based on the information before us, we affirm the forfeiture.

3\. A recent inspection reveals that ARB, Inc. continues to violate
Section 17.51(a) by failing to maintain the lighting requirements for
the above-referenced antenna structure. Consequently, we will require,
pursuant to Section 308(b) of the Act,[^5] ARB, Inc. to report to the
Enforcement Bureau, within thirty (30) days of the release of this
Order, whether it has achieved compliance with Section 17.51(a) of the
Rules.

4\. **ACCORDINGLY, IT IS ORDERED** that, pursuant to Section 503(b) of
the Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, American Radio Brokers,
Inc., d/b/a/ Radio Station KFFR 1020, **IS LIABLE FOR A MONETARY
FORFEITURE** in the amount of \$13,000 for willfully and repeatedly
violating Section 303(q) of the Act, and Sections 17.48(a) and 17.51(a)
of the Rules. [^6]

5\. **IT IS ALSO ORDERED** that, pursuant to Section 308(b) of the Act,
American Radio Brokers, Inc. must submit the report described in
Paragraph 3, above, within 30 days from the release of this Order, to:
Federal Communications Commission, Enforcement Bureau, Western Region,
Anchorage Resident Agent Office, P.O. Box 221849, Anchorage, Alaska
99522-1849.[^7]

6\. 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.[^8] Payment by check or money
order may be mailed to Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. Payment by overnight mail may be sent to Bank One/LB 73482,
525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by wire
transfer may be made to ABA Number 071000013, receiving bank Bank One,
and account number 1165259. The payment must include the NAL/Acct. No.
and FRN referenced above. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables Group, 445 12th
Street, S.W., Washington, D.C. 20554.[^9]

7\. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
by First Class Mail and Certified Mail Return Receipt Requested to
American Radio Brokers, Inc., d/b/a Radio Station KFFR 1020, 1255 Post
Street, Suite 625, San Francisco, CA 94109; Chester P. Coleman, C/O
Amer. Radio Brokers, Inc., 1255 Post Street, Suite 1011, San Francisco,
CA 94109; Chester P. Coleman, 1255 Post Street, Suite 1023, San
Francisco, CA 94109, and David Tillotson, Esquire, 4606 Charleston
Terrace, N.W., Washington, D.C. 20007-1911.

FEDERAL COMMUNICATIONS COMMISSION

Rebecca L. Dorch

Regional Director, Western Region

Enforcement Bureau

[^1]: 47 U.S.C. § 303(q), 47 C.F.R. §§ 17.48(a) and 17.51(a).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200532780002 (Enf. Bur., Western Region, Anchorage Resident Agent
    Office, released December 10, 2004).

[^3]: Letter from David Tillotson to David J. Charlton, Federal
    Communications Commission, dated December 28, 2004.

[^4]: Letter from David J. Charlton, Federal Communications Commission
    to David Tillotson, dated January 10, 2005.

[^5]: 47 U.S.C. § 308(b).

[^6]: 47 U.S.C. §§ 303(q) and 503(b), 47 C.F.R. §§ 0.111, 0.311,
    1.80(f)(4), 17.48(a) and17.51(a).

[^7]: 47 U.S.C. § 308(b).

[^8]: 47 U.S.C. § 504(a).

[^9]: *See* 47 C.F.R. § 1.1914.