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

In the Matter of                 )
                                )       File Number: EB-02-AT-
Fun Media Group, Inc.            ) 379
Owner of Antenna Structure #     )
1043249 in                       )       NAL/Acct. No. 
Scant City, Alabama              ) 200332480012
Arab, Alabama                    )
                                        FRN: 0007-3298-65


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: December 6, 
2002

By the Enforcement Bureau, Atlanta office:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Fun  Media Group, Inc., owner of  antenna 
structure #1043249,  willfully  and repeatedly  violated  Section 
17.50 of the Commission's Rules (``Rules'')1 by failing to  clean 
and repaint its  antenna structure to  maintain good  visibility.  
We conclude that Fun Media Group, Inc. is apparently liable for a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   Fun Media Group, Inc. is the registered owner of a 500-
foot tall antenna structure located in Scant City, Alabama.  This 
structure is  assigned antenna  structure registration  (``ASR'') 
#1043249.  The  structure is  assigned obstruction  lighting  and 
marking requirements  that  include alternate  painted  bands  of 
aviation orange and white.

     3.   On October  29, 2002,  the Commission's  Atlanta  Field 
Office (``Atlanta Office'') received  a complaint from a  private 
pilot who stated he came close  to hitting a 500-foot tower  near 
Arab, Alabama  while conducting  aerial photography.   The  pilot 
described the tower as being severely rusted causing it to  blend 
in with the area terrain.

     4.   On October 30,  2002, an  agent of  the Atlanta  Office 
inspected the antenna structure bearing FCC ASR #1043249  located 
in  Scant  City,  Alabama.   At  the  time  of  inspection,   the 
structure's paint was  severely chipped and  faded, resulting  in 
poor visibility of the structure.






                        III.  DISCUSSION

     5.   Section  17.50  of  the   Rules  states  that   antenna 
structures requiring painting under this part shall be cleaned or 
repainted as often as necessary to maintain good visibility.  The 
antenna  structure  owner  is   responsible  for  maintaining   a 
structure's painting and lighting.2  Fun Media Group, Inc. is the 
registered owner of antenna  structure #1043249.  This  structure 
is  assigned  obstruction   marking  requirements  that   include 
alternate painted bands of aviation orange and white.  On October 
29 and 30, 2002, the paint on Fun Media Group's antenna structure 
had deteriorated to the point of being a hazard to air navigation 
due to the poor visibility of the tower.

     6.   Based on  the evidence  before us,  we find  Fun  Media 
Group, Inc. willfully  and repeatedly violated  Section 17.50  of 
the Rules by failing to clean or repaint its antenna structure to 
maintain good visibility.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,3 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.4  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,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Fun Media Group, Inc. is hereby NOTIFIED of its  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000) for willful and repeated violation of Section 17.50  of 
the Commissions Rules by failing to clean or repaint its  antenna 
structure as often as necessary to maintain good visibility.

     9.   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, Fun Media Group, Inc., 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, DC  20554.7

     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  and 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 Certified  Mail, Return Receipt  Requested, to Fun  Media 
Group, Inc., 981 North  Brindlee Mountain Parkway, Arab,  Alabama 
35016.


                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director, Atlanta Office
                              Enforcement Bureau

ATTACHMENT
_________________________

1 47 C.F.R.  17.50.

2 See 47 C.F.R.  17.6(a).
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 and 0.311.
7 See 47 C.F.R.  1.1914.