Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | File Number: EB-07-DL-0249   |
|                                  | * |                              |
| Mark V. Aulabaugh                | ) | NAL/Acct. No.: 200832500004  |
|                                  | * |                              |
| Licensee of Radio Station KSEY   | * | FRN: 0004931952              |
|                                  |   |                              |
| Seymour, TX                      | * |                              |
|                                  | * |                              |
| Facility ID \# 71536             | ) |                              |
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| Licensee of Radio Station        | * |                              |
| KSEY-FM                          |   |                              |
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| Seymour, Texas                   | * |                              |
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| Facility ID \# 71535             | * |                              |
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+----------------------------------+---+------------------------------+

## FORFEITURE ORDER

**Adopted:** September 11, 2008 **Released:** September 15, 2008

By the Regional Director, South Central Region, Enforcement Bureau:

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of eight thousand dollars (\$8,000) to
    Mark V. Aulabaugh, licensee of stations KSEY and KSEY-FM, in
    Seymour, Texas, for willful and repeated violation of Section
    73.3526 of the Commission's Rules ("Rules").[^1] The noted violation
    involves Mr. Aulabaugh's failure to maintain and make available
    complete public inspection files.

2\. On June 18, 2008, the Commission's Dallas Office of the Enforcement
Bureau ("Dallas Office") issued a *Notice of Apparent Liability for
Forfeiture* ("*NAL*") in the amount of \$8,000 to Mr. Aulabaugh.[^2] Mr.
Aulabaugh 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,
0.311 and 1.80(f)(4) of the Commission's Rules,[^4] Mark V. Aulabaugh
**IS LIABLE FOR A MONETARY FORFEITURE** in the amount of \$8,000 for
violation of Section 73.3526 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.[^5] 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. Payment\[**s**\] 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.
Mr. Aulabaugh will 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 First Class Mail and Certified Mail Return Receipt Requested to Mark
V. Aulabaugh at his address of record.

**FEDERAL COMMUNICATIONS COMMISSION**

Dennis P. Carlton

Regional Director, South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. § 73.3526.

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200832500004 (Enf. Bur., Dallas Office, released June 18, 2008).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 73.3526.

[^5]: 47 U.S.C. § 504(a).