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


In the Matter of                   )     File Number EB-02-TP-116
                                                            )
Wings Communications, Inc.         )    NAL/Acct. No.200332700010
DBA WELE Radio                     )
Owner of Antenna Structure         )             FRN 0004-3312-60
Registration number 1062835 in     )
Ormond, Beach, Florida
Ormond Beach, Florida
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: December 2, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find Wings  Communications,  Inc. DBA  WELE  Radio 
(``WELE''), in  Ormond Beach,  Florida, apparently  liable for  a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful  and  repeated   violation  of  Section   17.51  of   the 
Commission's Rules  (``Rules'').1   Specifically,  we  find  WELE 
apparently liable for failure to exhibit red obstruction lighting 
from sunset to sunrise on the antenna structure assigned  Antenna 
Structure Registration (``ASR'') number 1062835 in Ormond  Beach, 
Florida.

                         II.  BACKGROUND

     2.   Antenna structure 1062835 is  located in Ormond  Beach, 
Florida.  Wings  Communications,  Inc.  DBA  WELE  Radio  is  the 
registered  owner  of  this   structure.   The  structure's   ASR 
specifies  that  the  structure  be  painted  and  lit  with  red 
obstruction lighting.

     3.   On October 1, 2002, after local sunset, two agents from 
the Commission's Tampa Field  Office inspected antenna  structure 
1062835 in Ormond Beach,  Florida and observed  that the top  red 
beacon on the structure was not illuminated per assigned painting 
and lighting specifications.  The Federal Aviation Administration 
(``FAA'') had no record of any report of a light outage for  this 
structure.   

     4.   On October 3, 2002, after local sunset, two agents from 
the Commission's Tampa Field  Office inspected antenna  structure 
1062835 in Ormond Beach,  Florida and observed  that the top  red 
beacon on the structure was not illuminated per assigned painting 
and lighting specifications.  

                        III.  DISCUSSION
 
     5.    Section  17.51  requires  that  all  red   obstruction 
lighting be  exhibited from  sunset to  sunrise unless  otherwise 
specified.  WELE owns antenna  structure 1062835 and is  required 
to exhibit red obstruction lighting on that structure from sunset 
to sunrise.  On October 1, 2002 and October 3, 2002, WELE  failed 
to exhibit red  obstruction lighting  from sunset  to sunrise  on 
antenna structure 1062835 in Ormond Beach, Florida.  In addition, 
WELE failed  to  immediately  notify  the  FAA  of  the  improper 
functioning of the structure's lighting.2
     6.  Based on the evidence before us, we find WELE willfully3 
and repeatedly4 violated Section 17.51 of the Rules by failing to 
exhibit red  obstruction  lighting  from  sunset  to  sunrise  on 
antenna structure 1062835 in Ormond Beach, Florida.

     7.  Pursuant to Section 1.80(b)(4)  of the Rules,5 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and/or marking is $10,000.  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.6  Considering the entire record and applying the factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   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 
Rules,8 Wings  Communications,  Inc.  DBA WELE  Radio  is  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount of ten thousand dollars ($10,000) for willful and repeated 
violation of Section 17.51 of the Rules by failing to exhibit red 
obstruction lighting from sunset to sunrise on antenna  structure 
1062835 in Ormond Beach, Florida.

     9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty  days of the release  date of this  NAL, 
Wings Communications,  Inc. DBA  WELE Radio  SHALL PAY  the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     10.   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. 20554.9

     11.  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.  

     12.  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.

     13.   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.










     14.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Wings Communications, Inc. DBA  WELE Radio, 432 S. Nova  Road, 
Ormond Beach, Florida, 32174.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         Tampa Office, Enforcement Bureau


Attachment
_________________________

1 47 C.F.R.  17.51.

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

3 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).

4 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).

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.