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                 )
Mitchell Communications, Inc.    )       File Number EB-02-NF-039
Licensee of AM Radio Station     )      NAL/Acct.No. 200232640003
WDVA,                            )              FRN: 0007-0270-63
Danville, Virginia  




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 10, 2002

By the Enforcement Bureau, Norfolk Office:

                         I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Mitchell Communications, Inc., (``Mitchell''), licensee 
of AM Broadcast Station  WDVA, Danville, Virginia, willfully  and 
repeatedly violated  Section 17.4(a)  of the  Commission's  Rules 
(``Rules''),1 and willfully violated Section 73.49 of the  Rules2 
by failing to register its  antenna structures and by failing  to 
enclose its antenna  towers within an  effective locked fence  or 
other enclosure.  We conclude that Mitchell is apparently  liable 
for  forfeiture  in  the  amount  of  thirteen  thousand  dollars 
($13,000).

                         II.  BACKGROUND

     2.   On August 8, 2000, an agent of the Commission's Norfolk 
Resident Agent Office (``Norfolk Office'') determined that 
Mitchell failed to register its four antenna structures used as 
part of AM radio station WDVA, Danville, Virginia.  This 
violation resulted in a $3,000 forfeiture against Mitchell for 
willful violation of Section 17.4(a) of the Rules, which Mitchell 
paid in full.3

     3.   On March 26, 2002, in response to a complaint, an agent 
of the Norfolk Office inspected AM radio station WDVA, Danville, 
Virginia, and Mitchell's four antenna structures used as part of 
radio station WDVA.  The agent determined that the four antenna 
structures were still not registered with the Commission.  The 
agent questioned the station owner, C. G. Hairston, about the 
tower registration, to which Mr. Hairston responded that the 
towers were not registered and that he had hired someone to 
register the towers.  The agent also observed that the fencing at 
the base of all four antenna towers was unlocked.  The agent 
informed Mr. Hairston about the unlocked fencing, and Mr. 
Hairston provided no explanation.

     4.   On May 3, 2002, a search of the FCC Antenna Structure 
Registration database determined that Mitchell's antenna 
structures remained unregistered. 

                        III.  DISCUSSION

     5.   Section 17.4(a) of the Rules requires that the owners 
of existing antenna structures that require notice of proposed 
construction to the Federal Aviation Administration (``FAA'') 
must register the structure with the Commission.  Mitchell's 
antenna structures required registration with the Commission 
because, due to the height of the structures, they require 
notification of proposed construction to the FAA.  From August 8, 
2000 to at least May 3, 2002, Mitchell failed to register its 
four antenna structures used as part of AM radio station WDVA.

     6.   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 
enclosure.  On March 26, 2002, the fences surrounding all four of 
Mitchell's antenna towers for AM radio station WDVA were found 
unlocked.

     7.   Based on evidence before us, we find that Mitchell 
willfully4 and repeatedly5 violated Section17.4(a) of the Rules 
by failing to register its antenna structures, and willfully 
violated Section
73.49 of the Rules by failing to enclose its antenna towers 
within an effective locked fence or other enclosure.

     8.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules, the base forfeiture amount 
for failing to register antenna structures is $3,000 (failure to 
file required forms or information), and  for failing to enclose 
its antenna towers within an effective locked fence or other 
enclosure is $7,000.6  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  Mitchell's 
repeated failure to register its antenna structures warrants an 
upward adjustment of the $3,000 base forfeiture amount for that 
violation to $6,000.  Considering the entire record and applying 
the statutory factors listed above, this case warrants a $13,000 
forfeiture.

                      IV.  ORDERING CLAUSES
 
     9.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act,8 and Sections 0.111, 0.311 and 1.80 Rules,9 
Mitchell is hereby NOTIFIED of its APPARENT LIABILITY FOR A 
FORFEITURE in the amount of thirteen thousand dollars ($13,000) 
for willful and repeated violation of Section 17.4(a) of the 
Rules, and willful violation of Section 73.49 of the Rules.

     10.  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, Mitchell SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     11.  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, P. O. Box 73482, Chicago, 
Illinois 60673-7482.  The payment must include the FRN and NAL 
Acct. No. referenced in the letterhead above.     

     12.  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.

     13.  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.

     14.  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 

     15.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Mitchell Communications, Inc., at 130 Lexington 
Avenue, Danville, Virginia 24541.  An additional copy shall be 
sent to Mitchell Communications, Inc., at One Radio LN, Danville, 
Virginia 24541. 

                              FEDERAL COMMUNICATIONS COMMISSION
                         



                              Luther Bolden
                              Resident Agent
_________________________

1 47 C.F.R.  17.4(a).
2 47 C.F.R.  73.49.
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
20013264003 (Enf. Bur., Norfolk Office, released March 20, 2001).  
Mitchell paid the forfeiture in full on August 8, 2001.
4Section 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 that conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provision of the Act...'' . See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
5Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies 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.  0.11, 0.311, 1.80.
10 See 47 C.F.R.  1.1914.