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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
WCVC, Inc. )
) File Number EB-02-TP-314
Licensee of AM Radio Station )
WCVC, ) NAL/Acct.No. 200332700001
Tallahassee, Florida )
) FRN # 0003-7830-40
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 22, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find WCVC, Inc., licensee of AM radio station WCVC, Tallahassee,
Florida, apparently liable for a forfeiture in the amount of
seven thousand dollars ($7,000) for willful violation of Section
73.49 of the Commission's Rules (``Rules'').1 Specifically, we
find WCVC, Inc. apparently liable for failing to maintain an
effective locked fence around the base of its AM antenna tower.
2. On June 17 and July 8, 2002, the Commission's Tampa
Field Office (``Tampa Office'') received two anonymous letters
alleging the lack of a base fence surrounding WCVC's AM antenna
3. On August 7, 2002, two agents from the Tampa Office
inspected WCVC Inc.'s antenna tower in Tallahassee, Florida. The
agents found the fencing enclosing the station's AM antenna tower
to be deficient in that it was lying flat on the ground thus
allowing unrestricted access to the base of the antenna
structure. The structure had radio frequency potential at its
base. WCVC's general manager stated that the base fencing was
taken down during recent construction and never replaced.
4. Section 73.49 of the Rules requires antenna towers
having radio frequency potential at the base (series fed, folded
unipole, and insulated base antennas) be enclosed within
effective locked fences. On August 7, 2002, agents found the
fence completely down around the base of the antenna structure,
allowing unrestricted access to the base of the structure.
5. Based on the evidence before us, we find WCVC, Inc.,
willfully2 violated Section 73.49 of the Rules by failing to
maintain an effective locked fence enclosing its antenna
6. Pursuant to Section 1.80(b)(4) of the Rules,3 the base
forfeiture amount for failing to maintain effective locked AM
tower fencing is $7,000. In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set
forth in Section 503(b)(2)(D) of the Communications Act of 1934,
as amended (``Act''), which include the nature, circumstances,
extent, and gravity of the violation, and with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may
require.''4 Considering the entire record and applying the
factors listed above, this case warrants a $7,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80 of the
Rules,6 WCVC, Inc., is hereby NOTIFIED of this APPARENT LIABILITY
FOR A FORFEITURE in the amount of seven thousand dollars ($7,000)
for willful violation of Section 73.49 of the Rules by failing to
maintain effective fencing around the base of its antenna tower
for AM broadcast station WCVC.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this Notice
of Apparent Liability, WCVC, Inc. SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
9. Payment of the forfeiture may be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. and FRN referenced above. Request for payment of
the full amount of NAL under an installment plan should be sent
to: Chief, Revenue and Receivable Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.7
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. referenced above.
11. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
12. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical & Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this Notice of
Apparent Liability shall be sent by regular mail and Certified
Mail Return Receipt Requested to WCVC, Inc., 117 ½ Henderson
Road, Tallahassee, FL 32312.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
1 47 C.F.R. § 73.49.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[t]he term `willful,'
when used with reference to the commission or omission of any
act, means the conscious and deliberate commission or omission of
such act, irrespective of any intent to violate any provision of
this Act ....'' See Southern California Broadcasting Co., 6 FCC
Rcd 4387 (1991).
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503 (b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.