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


In the Matter of                 )      File Number EB-02-OR-0202
                                )
WCPC Broadcasting Co., Inc.      )     NAL/Acct. No. 200232620010
Licensee of AM Radio Station     )
WCPC                             )               FRN 0003-7893-85
Houston, Mississippi             )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: August 21, 2002

By the Enforcement Bureau, New Orleans Office:

                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  WCPC Broadcasting Co.,  Inc., licensee of  AM 
radio station WCPC, Houston, Mississippi, 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  WCPC 
Broadcasting Co., Inc. apparently  liable for failing to  enclose 
four of its antenna structures within effective locked fences  or 
other enclosures.  

                         II.  BACKGROUND

     2.  On  June  27,  2002, agents  from  the  FCC  Enforcement 
Bureau's  New  Orleans   Field  Office   inspected  the   antenna 
structures of radio station WCPC(AM), Houston, Mississippi.   The 
agents observed  that  there  was no  fence  around  one  antenna 
structure, broken fencing around a second structure, and  missing 
fencing  sections  around  two  other  antenna  structures.   All 
antenna structures had radio frequency potential at the base.

                        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.  On June 27,  2002, 
four of WCPC's antenna towers were not enclosed within  effective 
locked fences or other enclosures.

     4.  Based on the  evidence before us, we  find that on  June 
27, 2002, WCPC Broadcasting Co., Inc. willfully2 and  repeatedly3 
violated Section  73.49  of  the  Rules  by  failing  to  provide 
effective locked fences or other enclosures around their  antenna 
structures.

     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 WCPC Broadcasting  Co., Inc. 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 effective locked 
fences for its antenna towers.

     7.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty  days of the release  date of this  NAL, 
WCPC Broadcasting  Co., Inc.  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. IT IS FURTHER ORDERED THAT  a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to WCPC Broadcasting Co., Inc.,  1189 Highway 15 North,  Houston, 
Mississippi  38851.




                              FEDERAL COMMUNICATIONS COMMISSION
                         




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

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.