*Pages 1--2 from Microsoft Word - 24725.doc* Federal Communications Commission DA 03- 282 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) ) WHYZ Radio, L. P. ) File No.: EB- 02- AT- 128 ) NAL/ Acct. No. 200232480002 Licensee of Station WCSZ( AM) ) FRN 0003- 7751- 78 San Souci, South Carolina ) FORFEITURE ORDER Adopted: January 30, 2003 Released: February 3, 2003 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of eight thousand dollars ($ 8,000) to WHYZ Radio, L. P. (“ WHYZ”), licensee of Station WCSZ( AM), San Souci, South Carolina, for willful violation of Section 11. 35( a) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Station WCSZ( AM) ’s failure to have operational Emergency Alert System equipment. 2. On April 18, 2002, the District Director of the Commission’s Atlanta, Georgia Field Office (“ Atlanta Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $8,000 to WHYZ. 2 WHYZ 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 (“ Act”), 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 WHYZ Radio, L. P. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for willfully violating Section 11. 35( a) 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 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 NAL/ Acct. No. 200232480002, and FRN 0003- 7751- 78. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 6 1 47 C. F. R. § 11. 35( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200232480002 (Enf. Bur., Atlanta Office, released April 18, 2002). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 6 See 47 C. F. R. § 1.1914. 1 Federal Communications Commission DA 03- 282 2 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 WHYZ Radio, L. P., 11511 Dyrham Lane, Glen Dale, Maryland 20769 and to Station WCSZ( AM), 200 N. Highway 25 Bypass, Greenville, South Carolina 29617. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2