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


In the Matter of                  )
                                 )
Emmis Television License          )       File Number EB-02-OR-053
Corporation                       )      NAL/Acct.No. 200232620004
Owner of Antenna Structure No.    )               FRN 0002-8842-52
1022410                           )
New Orleans, LA                   )




         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released:  May 31, 2002

By the Enforcement Bureau, New Orleans Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,   we   find   that  Emmis   Television   License 
Corporation  (``Emmis''),  owner  of antenna  structure  no. 
1022410, willfully  violated Sections 17.47(a)(2)  and 17.57 
of  the  Commission's  Rules  (``Rules''),1  by  failing  to 
provide  a   properly  maintained  automatic   alarm  system 
monitoring  its  tower lights,  and  failing  to notify  the 
Commission  using  FCC  Form  854   of  a  change  in  tower 
ownership.  The violation of Section 17.57 of the Rules also 
is  a  repeated  violation.    We  conclude  that  Emmis  is 
apparently liable  for a  forfeiture in  the amount  of five 
thousand dollars ($5,000).

                         II.  BACKGROUND

     2.   On  or about  April 1,  2002, the  FCC Enforcement 
Bureau's New  Orleans Field Office (``New  Orleans Office'') 
received a report  of an unlit top beacon on  the tower used 
by WVUE(TV)  located in  Chalmette, Louisiana.   The Antenna 
Structure Registration Number for  this tower is 1022410 and 
it is  located at N2957'14''  x W08956'58''.  On  April 4, 
2002,  a  New Orleans  Office  agent  inspected the  antenna 
structure and determined that the top beacon was not capable 
of operation due  to a blown fuse.  However, the structure's 
automatic alarm system failed to detect the malfunction.  It 
was later  determined that a  faulty limit set point  on the 
remote  control  was  responsible for  the  automatic  alarm 
system  failure.  In  addition,  although  an assignment  of 
license to Emmis  occurred in December 20002  and Emmis owns 
the structure, the  Antenna Structure Registration ownership 
information  for antenna  structure  no.  1022410 was  never 
updated and still showed  SF New Orleans License Subsidiary, 
Inc. as the structure owner.


                      III.  DISCUSSION

     3.   Section 17.47(a)(2) of the Rules requires that the 
owner of an  antenna structure which is  registered with the 
Commission  and has  been  assigned lighting  specifications 
shall  provide  and  properly maintain  an  automatic  alarm 
system designed to detect any  failure of such lights and to 
provide indications of such failure to the owner.3  On April 
4,  2002,  Emmis'  automatic  alarm  system  was  improperly 
maintained  resulting  in failure  of  the  alarm system  to 
notify Emmis of a lighting failure on its antenna structure.

     4.   Section 17.57 of the Rules requires that the owner 
of  an   antenna  structure  must  immediately   notify  the 
Commission using FCC  Form 854 upon any  change in structure 
height or change in  ownership information.  Emmis failed to 
update the antenna structure  ownership information from the 
time Emmis became owner of the tower on or about December 6, 
2000, until at least April 23, 2002.

     5.   Based  on the  evidence  before us,  we find  that 
Emmis willfully4  violated Section 17.47(a)(2) of  the Rules 
by failing to provide  a properly maintained automatic alarm 
system for its antenna structure lighting, and willfully and 
repeatedly5 violated  Section 17.57 of the  Rules by failing 
to notify the  Commission using FCC Form 854 of  a change in 
antenna structure ownership.
 
     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules, the  base forfeiture  amount for failure  to properly 
maintain  an automatic  alarm system  for antenna  structure 
lighting is $2,000 (failure to conduct required monitoring), 
and  for failure  to notify  the Commission  of a  change in 
antenna  structure  ownership  is $3,000  (failure  to  file 
required  forms or  information).6  Section  503(b)(2)(D) of 
the  Communications  Act  of  1934,  as  amended  (``Act''), 
requires   us  to   take  into   account  ``...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 Considering  the entire 
record and applying the statutory factors listed above, this 
case warrants a $5,000 forfeiture.



                      IV.  ORDERING CLAUSES

     7.   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 Commission's  Rules,9 Emmis  Television License 
Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR 
A FORFEITURE in the amount of five thousand dollars ($5,000) 
for willful  violation of  Section 17.47(a)(2) of  the Rules 
and willful and  repeated violation of Section  17.57 of the 
Rules.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release  date of  this NOTICE  OF APPARENT  LIABILITY, Emmis 
Television License Corporation SHALL  PAY the full amount of 
the proposed  forfeiture or  SHALL FILE a  written statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     9.   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   must  include  the  FRN   and  NAL/Acct.  No. 
referenced in the letterhead above.

     10.  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. and FRN referenced in the letterhead above.

     11.  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.  

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







     13.                                                  IT 
IS FURTHER  ORDERED THAT a  copy of this NOTICE  OF APPARENT 
LIABILITY  shall be  sent by  Certified Mail  Return Receipt 
Requested to  Emmis Television  License Corporation  at 3500 
West Olive Avenue, Suite 300, Burbank, California 91505.



                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         



                              James C. Hawkins
                              District Director, New Orleans 
Office
                              Enforcement Bureau
_________________________

1 47 C.F.R.  17.47(a)(2), 17.57
2 The license for WVUE(TV) was assigned from SF New Orleans 
License Subsidiary, Inc., to Emmis TV License Corporation of 
New Orleans on June 23, 1998.  A subsequent assignment of 
license to Emmis Television License Corporation occurred on 
December 6, 2000.  The Antenna Structure Registration 
database still showed SF New Orleans License Subsidiary, 
Inc. as owner at the time of inspection on April 4, 2002.
3 Alternatively, the owner may make observations of the 
antenna structure's lights at least once each 24 hours 
either visually or by observing a properly maintained 
indicator designed to register any failure of such lights.  
See 47 C.F.R.  17.47(a)(1)
4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which 
applies equally to 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
5 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he 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.''
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