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                 )
                                )
Truth Broadcasting Corp.         )       File Number EB-01-NF-286
Licensee of AM Radio Station     )      NAL/Acct.No. 200232640004
WTOB, Winston-Salem, North       )                    FRN 4985149
Carolina, and                    )
Owner of Antenna Structures      )
located at 36 08' 53" North     )
Latitude by 080 19' 11" West 
Longitude
Winston-Salem North Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 12, 2002

By the Enforcement Bureau, Norfolk Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Truth  Broadcasting Corp. (``Truth''),  licensee of  AM 
radio station WTOB, Winston-Salem,  North Carolina, and owner  of 
antenna structures used as  part of station  WTOB located at  36 
08' 53" North Latitude by 080 19' 11" West Longitude,  willfully 
and repeatedly violated Sections  17.4(a), 73.49, and  73.1350(a) 
of the Commission's Rules.1 Truth failed to register its  antenna 
structures, failed to enclose three of its antenna towers  within 
an effective  locked  fence or  other  enclosure, and  failed  to 
operate in accordance with the terms of the station authorization 
in that the  station exceeded authorized  field strength  limits.  
We conclude that Truth is apparently liable for forfeiture in the 
amount of eleven thousand two hundred dollars ($11,200.00).

                         II.  BACKGROUND

     2.   On January 22,  2002, in response  to a complaint  that 
station WTOB operated  with excessive  power at  night, an  agent 
from the FCC's Norfolk Resident Agent Office (``Norfolk Office'') 
observed the antenna structures that Truth owned and used for its 
AM broadcast station  WTOB, Winston-Salem,  North Carolina.   The 
agent noted that the structures were without posted registration.  
The agent inspected the wooden base fencing around each tower and 
observed numerous wooden fence boards either broken or missing on 
three of the  towers, allowing  access to the  tower bases.   The 
agent also  measured  field  strength levels  at  two  monitoring 
points that exceeded by at least 15 percent the limits  specified 
in Truth's station authorization.  On January 23, 2002, the agent 
again inspected  Truth's antenna  structures and  noted the  same 
conditions.

     3.   On January 24, 2002,  the Norfolk Office agent  visited 
Truth's  WTOB  studio  in  Winston-Salem,  North  Carolina,   and 
interviewed WTOB's chief operator Allan Boaz and business manager 
Forrest Richey.  Neither  Mr. Boaz  nor Mr.  Richey provided  any 
explanation of Truth's failure to register the antenna structures 
or for the  condition of  the tower base  fencing.  In  addition, 
neither  could  recall  when  Truth  had  conducted  a  proof  of 
performance or field strength measurements for WTOB.

     4.   On January  31, 2002,  the  Norfolk Office  released  a 
Notice of Violation  to Truth citing,  inter alia, violations  of 
Sections 17.4(a),  73.49  and  73.1350(a) of  the  Rules.   Truth 
replied to the Notice of Violation  on February 26 and March  26, 
2002,  stating  that  Truth  had  since  registered  its  antenna 
structures, repaired  the  antenna  base  fencing  and  corrected 
transmission problems to comply with field strength limits.

                        III.  DISCUSSION

     5.   Section  17.4(a)  of  the  Rules  requires  owners   of 
existing and proposed antenna  structures that require notice  to 
the Federal Aviation Administration  (``FAA'') to register  their 
structures.   Truth's  structures  required  notice  to  the  FAA 
because the structures  exceeded 200  feet in  height.2  From  at 
least January  22, 2002  to February  26, 2002,  Truth's  antenna 
structures were unregistered.

     6.   Section  73.49  of  the  Rules  requires  licensees  to 
provide effective  fencing  or  other  enclosure  around  antenna 
structures with  radio  frequency  potential  at  the  base.   On 
January 22 and 23, 2002, three of Truth's antenna towers used  as 
part of AM radio station WTOB, and energized with radio frequency 
potential at their bases, were  enclosed with wooden fences  that 
had numerous  broken or  missing boards  allowing access  to  the 
tower bases.

     7.   Section 73.1350(a) of the  Rules requires licensees  to 
maintain station operation  in a manner  that ensures  compliance 
with technical  rules and  in accordance  with the  terms of  its 
station  authorization.   WTOB's  station  authorization  limited 
power by specifying field  strength limits at various  monitoring 
points.  On January  22 and  23, 2002, Truth  operated WTOB  with 
excessive field  strength  at  two  of  its  assigned  monitoring 
points.

     8.   Based on the  evidence before  us, we  find that  Truth 
willfully3 and repeatedly4 violated  Sections 17.4(a), 73.49  and 
73.1350(a) of  the  Rules  by failing  to  register  its  antenna 
structures from at least January 22 to February 26, 2002, failing 
to maintain effective  antenna tower base  fencing on January  22 
and 23, 2002, and exceeding  authorized field strength limits  on 
January 22 and 23, 2002.

     9.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amounts  for  the  noted  violations  are  $7,000  for 
failure to  comply  with  AM  fencing  requirements,  $4,000  for 
failure to comply with  power limits, and  $3,000 for failing  to 
register an antenna structure (failure to file required forms  or 
information).5 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(s), 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.6  In reply  to the  Notice of  Violation, Truth  stated, 
``Truth's record as an FCC licensee is one of overall  compliance 
and, as  such, any  fine  or forfeiture  should be  mitigated  to 
reflect Truth's good standing as a licensee.''  After considering 
the entire record,  including the  lack of any  history of  prior 
offenses by  Truth, and  applying  the statutory  factors  listed 
above, this  case warrants  a forfeiture  adjusted downward  from 
$14,000 to $11,200.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,8  Truth is  hereby NOTIFIED  of its  APPARENT 
LIABILITY FOR A FORFEITURE in  the amount of eleven thousand  two 
hundred dollars ($11,200.00) for  willful and repeated  violation 
of Sections 17.4(a), 73.49 and 73.1350(a) of the Rules. 

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

     12.  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 note  the 
``FRN'' and the ``NAL/Acct. No.'' listed in the letterhead.

     13.  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  the 
``FRN'' and the ``NAL/Acct. No.'' listed in the letterhead.

     14.  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.  

     15.  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, SW,  Washington, 
D.C. 20554.9 

     16.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT  LIABILITY 
shall be sent by Certified Mail Return Receipt Requested to Truth 
Broadcasting Corp, 3789 Will  Scarlet Road, Winston-Salem,  North 
Carolina 27104.  An  additional  copy  shall  be  sent  to  Truth 
Broadcasting Corp.  at 4405  Providence  Lane Suite  D,  Winston-
Salem, North Carolina 27106.

                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Joseph P. Husnay
                              Resident Agent, Enforcement Bureau Truth Broadcasting Corp
3789 Will Scarlet Road
Winston-Salem NC 27104

Truth Broadcasting Corp
3789 Will Scarlet Road
Winston-Salem NC 27104
_________________________

1 47 C.F.R.  17.4(a), 73.49, & 73.1350(a).
2 See 47 C.F.R.  17.7(a).
3 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 (1991).
4 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).
5 47 C.F.R.  1.80(b)(4).
6 47 U.S.C.  503(b)(2)(D). 
7 47 U.S.C.  503(b).
8 47 C.F.R.  0.111, 0.311, 1.80.
9 See 47 C.F.R.  1.1914.