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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-325
Good Radio Broadcasting ) NAL/Acct. No.200332480001
) FRN 0007-6927-18
Licensee and Owner of )
Unregistered Antenna Structure
located at 33°01'22" North
Latitude by 81°19'58" West
Longitude in Allendale, South
Allendale, South Carolina
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 25, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Good Radio Broadcasting Corporation (``Good
Radio'') apparently liable for a forfeiture in the amount of
three thousand dollars ($3,000) for willful and repeated
violation of Section 17.4(a) of the Commission's Rules
(``Rules'').1 Specifically, we find Good Radio apparently liable
for failing to register its antenna structure with the
2. On September 19, 2002, an agent of the FCC Enforcement
Bureau's Atlanta Office inspected the antenna structure of radio
station WDOG located at 33° 01' 22" North Latitude and 81° 19'
58" West Longitude in Allendale, South Carolina. The agent was
accompanied by the President of Good Radio Broadcasting
Corporation. The President of Good Radio stated that Good Radio
owned the antenna structure. The agent noted that the structure
was painted and had lighting; however, the tower was not
registered with the Commission. The President of Good Radio
stated the tower was not registered because he was unaware of the
requirement to do so.
3. Section 17.4(a) of the Rules provides that, effective
July 1, 1996, owners of any existing antenna structures that
require notification to the Federal Aviation Administration
(``FAA'') must register the structure with the Commission.
Section 17.4(a)(2) of the Rules provides that, effective July 1,
1998, owners of an antenna structure that had been assigned
painting or lighting requirements prior to July 1, 1996, must
register the structure with the Commission. Good Radio's antenna
structure required notification to the FAA because the structure
exceeded 200 feet in height. In addition, the structure had been
assigned painting and lighting requirements by the FCC on the
WDOG broadcast station license. Therefore, Good Radio's antenna
structure required Commission registration. As of September 19,
2002, Good Radio failed to register its antenna structure.
4. Based on the evidence before us, we find Good Radio
willfully2 and repeatedly3 violated Section 17.4(a) of the Rules
by failing to register its antenna structure with the Commission.
5. Pursuant to Section 1.80(b)(4) of the Rules,4 the base
forfeiture amount for failing to file required forms or
information is $3,000. 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.5 Considering the entire record and applying the factors
listed above, this case warrants a $3,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 Good Radio Broadcasting Corporation is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Rules by failing to register its antenna
structure with the Commission.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Good Radio Broadcasting Corporation SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. 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. 20554.8
9. 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.
10. 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
11. 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.
12. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Good Radio Broadcasting Corporation Highway 125 North,
Allendale, South Carolina 29810.
FEDERAL COMMUNICATIONS COMMISSION
1 47 C.F.R. § 17.4(a).
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 4387-88 (1991).
3 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. §
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.