Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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



In the Matter of                 )       File Number EB-02-AT-316
                                )
Marshall County Radio Corp.      )     NAL/Acct. No. 200332480002 
Licensee of AM Radio Station     )
WAXO                             )               FRN 0003-7254-88
Lewisburg, Tennessee             )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                       Released: November 5, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  Marshall County Radio  Corp., licensee of  AM 
radio station WAXO, Lewisburg, Tennessee, apparently liable for a 
forfeiture in the amount of  seven thousand dollars ($7,000)  for 
willful  and  repeated   violation  of  Section   73.49  of   the 
Commission's Rules (``Rules'').1  Specifically, we find  Marshall 
County Radio Corp. apparently liable  for failing to enclose  its 
antenna  tower  within  an   effective  locked  fence  or   other 
enclosure.  

                         II.  BACKGROUND

     2.  On August  8, 2002,  an agent from  the FCC  Enforcement 
Bureau's Atlanta  Field Office  inspected  the antenna  tower  of 
radio station WAXO(AM), Lewisburg, Tennessee.  The agent observed 
that the  gate around  the  antenna tower  was not  locked.   The 
antenna tower had radio frequency potential at the base.

     3.  On October 1, 2002, the agent telephoned station WAXO to 
speak with Marshall  County Radio Corp.'s  President and  General 
Manager Bob Smartt.  Mr. Smartt was not in, and the agent left  a 
message regarding the unlocked base fencing.  On October 2, 2002, 
Mr. Smartt returned the agent's call and stated that he had  been 
aware of the unlocked  fence but had not  taken action to  secure 
the fence  until after  the agent's  October 1,  2002,  telephone 
call.

                        III.  DISCUSSION

     3.  Section 73.49 of the Rules requires that antenna  towers 
having radio frequency potential at  the base be enclosed  within 
effective locked  fences or  other  enclosures.  From  August  8, 
2002, until  October  1,  2002,  WAXO's  antenna  tower  was  not 
enclosed within an effective locked fence or other enclosure.


     4.  Based on the evidence  before us, we find that  Marshall 
County Radio Corp.  willfully2 and  repeatedly3 violated  Section 
73.49 of  the Rules  by failing  to provide  an effective  locked 
fence or other enclosure around its antenna tower.

     5.  Pursuant to  Section 1.80(b)(4) of  the Rules, the  base 
forfeiture amount for AM tower fencing violations is $7,000.4  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 $7,000 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 Marshall County Radio Corp.,  is hereby NOTIFIED of  this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars ($7,000) for  willful and repeated violation  of 
Section 73.49 of  the Rules  by failing to  provide an  effective 
locked fence for its antenna tower.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
       the Rules, within thirty
days of the release date of this NAL, Marshall County Radio Corp. 
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.  Request for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to: Chief, Revenue and Receivable 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 submitted.

     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 Marshall County Radio Corp.,  217 W. Commerce St.,  Lewisburg, 
Tennessee 37091.


                              FEDERAL COMMUNICATIONS COMMISSION
                         




                              Fred L. Broce
                              District Director, Atlanta Office
                              Enforcement Bureau

Attachment.
_________________________

1 47 C.F.R.  73.49.
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 (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.   
312(f)(2).

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.