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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
Mark V. Aulabaugh
)
Licensee of Radio Station KSEY
) File Number: EB-07-DL-0249
Seymour, TX
) NAL/Acct. No.: 200832500004
Facility ID # 71536
) FRN: 0004931952
Licensee of Radio Station KSEY-FM
)
Seymour, Texas
)
Facility ID # 71535
)
)
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"). 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. 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, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, 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. 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
47 C.F.R. S: 73.3526.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832500004
(Enf. Bur., Dallas Office, released June 18, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.3526.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-2087
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Federal Communications Commission DA 08-2087