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

In the Matter of                   )     File Number EB-02-TP-331
                                   )   NAL/Acct. No. 200332700005
Westshore Broadcasting, Inc.       )
Licensee of AM Radio Station WOCA  )               FRN 0003758000
in Ocala, Florida, and Owner of   )
Antenna Structure #1027385
St. Petersburg, Florida

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: November 1, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find Westshore Broadcasting, Inc.  (``Westshore''), 
licensee of AM station WOCA, Ocala, Florida, and owner of antenna 
structure #1027385  in Ocala,  Florida, apparently  liable for  a 
forfeiture in the amount of twenty thousand dollars ($20,000) for 
willful and  repeated violation  of  Sections 17.51,  17.57,  and 
73.49 of the Commission's  Rules (``Rules'').1  Specifically,  we 
find Westshore apparently liable for  failing to display all  red 
obstruction lighting from  sunset to sunrise,  failing to  update 
tower   ownership   information   on   the   antenna    structure 
registration, and failing  to provide an  effective locked  fence 
around the base of the antenna. 

                         II.  BACKGROUND

     2.   On July 1, 2002, agents of the Commission's Tampa Field 
Office (``Tampa Office'') responded to a complaint alleging  that 
the lights  on Westshore's  antenna structure  #1027385 had  been 
dark for at  least six months.  The agents drove  to the  antenna 
structure, which is used  as part of AM  radio station WOCA,  and 
noted that the  fence around the  base of the  antenna tower  was 
unlocked.  The agents covered the tower light photocell and noted 
that the tower lights did not illuminate. 

     3.   On July 2, 2002, agents  of the Tampa Office  conducted 
an inspection  of radio  station WOCA  AM.  The  station  manager 
stated that the antenna structure  lights had failed on or  about 
September 26, 2001,  and had  not been  repaired because  service 
companies refused to climb the  tower due to its poor  structural 
integrity.    The   agent   contacted   the   Federal    Aviation 
Administration (``FAA'') and found no report of light outages for 
this structure.  The agents found no record in the station's logs 
of any tower light outages.  The station manager stated that  the 
station licensee, Westshore,  owned the  antenna structure.   The 
FCC's Antenna  Structure Registration  (``ASR'') database  showed 
the structure registered to a previous owner.

                        III.  DISCUSSION

     4.   Section 17.51 of the  Rules requires antenna  structure 
owners that have been  assigned obstruction marking and  lighting 
to display all red obstruction  lighting from sunset to  sunrise.  
Westshore's antenna structure lights failed on or about September 
26, 2001 and had not been repaired  as of July 2, 2002.  The  FAA 
had no record of a report  of a light outage for this  structure2 
and the station's logs showed no  record of light outages or  FAA 
notifications.3

     5.   Section 17.57 of  the Rules  requires the  owner of  an 
antenna structure for which  an ASR Number  has been assigned  to 
immediately notify the  Commission using  FCC Form  854 upon  any 
change in structure  height or change  in ownership  information.  
Westshore is the current owner of the antenna structure, however, 
as of  July  8,  2002, Commission  records  listed  the  previous 
licensee/tower owner.

     6.   Section 73.49 of the Rules requires antenna towers that 
have RF potential  at the  base to be  enclosed within  effective 
locked fences or  other enclosures.   The WOCA  antenna tower  is 
series fed and has RF potential at the base.  On July 1 and  July 
2,  2002,  the  gated  fence  surrounding  the  tower  was  found 
unlocked.

     7.   Based on  the evidence  before  us, we  find  Westshore 
willfully4 and repeatedly5  violated Sections  17.51, 17.57,  and 
73.49 of the Rules  by failing to:   display all red  obstruction 
tower lighting  from sunset  to sunrise,  update tower  ownership 
information on the antenna structure registration, and provide an 
effective locked fence around the base of the antenna.

     8.   Pursuant to Section 1.80(b)(4) of the Rules,6 the  base 
forfeiture amounts for the violations  cited in this Notice  are:  
$10,000 for failure to comply with prescribed tower painting  and 
marking; $3,000 for failure to notify the Commission of a  change 
in  tower   ownership  (failure   to  file   required  forms   or 
information); and $7,000 for AM tower fencing.  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.7  Thus, considering the entire record and 
applying the statutory factors listed above, this case warrants a 
forfeiture of $20,000.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Westshore is hereby  NOTIFIED of this APPARENT  LIABILITY 
FOR A FORFEITURE  in the  amount of twenty  thousand dollars  for 
willful and  repeated violation  of  Sections 17.51,  17.57,  and 
73.49 of  the Rules  by failing  to display  all red  obstruction 
tower lighting from  sunset to sunrise,  failing to update  tower 
ownership information on the antenna structure registration,  and 
failing to provide an effective  locked fence around the base  of 
the tower.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Westshore SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     11.  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.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.10

     12.  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.  

     13.  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.  

     14.  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.

     15.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Westshore Broadcasting, Inc., 311 112th Avenue Northeast,  St. 
Petersburg, FL 33716.   

                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director
                         Tampa Office, Enforcement Bureau

Attachment
_________________________

1 47 C.F.R.  17.51, 17.57, and 73.49.

2 The owner of any registered antenna structure with assigned 
lighting must report immediately to the FAA any known improper 
functioning of any top light or flashing obstruction light.  See 
47 C.F.R.  17.48(a).

3 The owner of any registered antenna structure with assigned 
lighting must maintain a record of any known improper functioning 
of lights and of any FAA notifications.  See 47 C.F.R.  17.49.

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 4387-88 (1991).

5 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''  47 U.S.C.  
312(f)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.