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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )
                                                            )
Holladay Broadcasting Company,     )   File Number EB-02-TP-411
Inc.,                              )
DBA: WKSM                          ) NAL/Acct. No. 200332700003
Owner of Antenna Structure         )
Registration Number 1041151        )           FRN 0001-7476-90
Fort Walton Beach, Florida         )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:    October 
22, 2002 
By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Holladay Broadcasting  Company, Inc., owner of  antenna 
structure #1041151  in  Fort  Walton  Beach,  Florida,  willfully 
violated Section 17.50 of the  Commission's Rules1 by failing  to 
maintain  good  visibility  of  the  required  antenna  structure 
obstruction marking.   We  conclude  that  Holladay  Broadcasting 
Company, Inc. is apparently liable for a forfeiture in the amount 
of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.  Antenna  structure #1041151  is located  in Fort  Walton 
Beach, Florida.   Holladay  Broadcasting  Company,  Inc.  is  the 
registered owner  of  this structure.   The  structure's  Antenna 
Structure Registration (``ASR'') specifies that the structure  be 
painted.

     3.  On August 5, 2002, an agent from the Commission's  Tampa 
Office, inspected Holladay  Broadcasting Company, Inc.'s  antenna 
structure #1041151  in Fort  Walton  Beach, Florida.   The  agent 
observed that black cables  attached to the structure  obstructed 
the antenna  structure  paint  on two-thirds  of  the  structure, 
resulting in poor visibility of the structure.

                        III.  DISCUSSION

     4.   Section  17.50  of   the  Rules  states  that   antenna 
structures requiring painting  shall be cleaned  or repainted  as 
often as  necessary to  maintain  good visibility.   The  antenna 
structure owner is  responsible for  maintaining the  structure's 
painting.2  Holladay Broadcasting Company, Inc. is the registered 
owner of antenna structure #1041151.  This structure is  required 
to  be  painted  pursuant  to  Federal  Aviation   Administration 
specifications, the structure's ASR, and  FCC rules.3  On  August 
5, 2002, the paint on two-thirds of the structure was  obstructed 
by cables attached to the structure.

     5.  Based on the evidence  before us, we find that  Holladay 
Broadcasting Company, Inc. willfully4  violated Section 17.50  of 
the Commission's Rules by failing to maintain good visibility  of 
its antenna structure.

     6.  Pursuant to Section 1.80(b)(4)  of the Rules,5 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and  marking   is   $10,000.    Section   503(b)(2)(D)   of   the 
Communications Act of 1934, as amended (``Act''), requires us  to 
take into  account ``...the  nature, circumstances,  extent,  and 
gravity of the violation, and  with respect to the violator,  the 
degree of culpability, any history or prior offenses, ability  to 
pay,  and  other   such  matters  as   justice  may   require.''6 
Considering the entire  record, and applying  the factors  listed 
above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,8  Holladay  Broadcasting  Company,  Inc.,  is 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount of ten thousand dollars ($10,000) for willful violation of 
Section 17.50 of the Rules by failing to maintain good visibility 
of the required antenna structure obstruction markings.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules, within thirty days of the release date of 
this Notice of Apparent Liability, Holladay Broadcasting Company, 
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  in  the  letterhead  above.  
Requests for  payment  of  the  full amount  of  this  Notice  of 
Apparent Liability under an installment  plan should be sent  to: 
Federal Communications Commission, Chief, Revenue and Receivables 
Operations Group, 445 12th Street, SW, Washington, DC 20554.9

     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. and FRN referenced in the letterhead 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 
submitted.

     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 Holladay Broadcasting  Company, 
Inc., 225  NW Hollywood  Boulevard,  Fort Walton  Beach,  Florida 
32859.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director - Tampa Office
                         Enforcement Bureau

Attachment 
_________________________

1 47 C.F.R  17.50.

2 See 47 C.F.R.  17.6(a).

3 See 47 C.F.R.  17.21, 17.22, and 17.23.

4 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).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.