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

In the Matter of                 )
                                )
Media Broadcasting Corporation   )       File Number EB-02-NF-019
Owner of Antenna Structure       )       NAL/Acct.No.200232640005
1011741                          )                    FRN 6756373
Winston-Salem, North Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 13, 2002

By the Enforcement Bureau, Norfolk Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Media  Broadcasting Corporation  (``Media''), owner  of 
antenna  structure  number  1011741,  willfully  and   repeatedly 
violated Sections  17.4(g) and  17.51 of  the Commission's  Rules 
(``Rules'').1   Media  failed  to  post  its  antenna   structure 
registration (``ASR'') number and it failed to maintain specified 
lighting on  its structure.   We find  that Media  is  apparently 
liable for forfeiture  in the amount  of twelve thousand  dollars 
($12,000.00).


                         II.  BACKGROUND

     2.   On January 22  and 23,  2002, an agent  from the  FCC's 
Norfolk  Resident  Agent  Office  (``Norfolk  Office'')  observed 
Media's antenna  structure number  1011741 used  as part  of  the 
WAAA(AM) broadcast facility  near Winston-Salem, North  Carolina.  
On both dates,  the agent  noted the  extinguishment of  required 
lighting after sunset and  the omission of  a posted ASR  number.  
The agent checked with the area Federal Aviation Administration's 
(``FAA'') Flight Service Station on  January 24, 2002, which  had 
no report of any light outage for Media's antenna structure.2

     3.   On February  1, 2002,  the  Norfolk Office  released  a 
Notice of Violation to Media citing violation of Sections 17.4(g) 
and 17.51  of  the  Rules.   Media responded  to  the  Notice  of 
Violation in  a February  20, 2002  letter, stating  that it  was 
getting its  structure registered.   In  the same  letter,  Media 
admitted that its structure was without lighting since July 2001.

                        III.  DISCUSSION

     4.   Section  17.4(g)  of  the  Rules  requires  owners   of 
registered  antenna  structures  to  display  ASR  numbers  in  a 
conspicuous place so that they are readily visible near the  base 
of the antenna structure.   On January 22  and 23, 2002,  Media's 
antenna structure  number 1011741  did not  have its  ASR  number 
posted on or near the tower.

     5.   Section 17.51 of the  Rules requires owners of  antenna 
structures to exhibit  lighting specified in  FCC Form 854R  from 
sunset to sunrise.  Media's antenna structure number 1011741  was 
required  to  exhibit  red  obstruction  lights  from  sunset  to 
sunrise.  On January 22 and  23, 2002, Media's antenna  structure 
number 1011741 was  observed between sunset  and sunrise with  no 
lights exhibited.  As of January 24, 2002, no report of any light 
outage was received by the FAA for Media's antenna structure.

     6.   Based on the  evidence before  us, we  find that  Media 
repeatedly3 and willfully4 violated Sections 17.4(g) and 17.51 of 
the Rules  by  failing to  display  its ASR  number  and  exhibit 
prescribed lighting.

     7.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount for failure to comply with prescribed  lighting 
is $10,000.5  The Rules do not establish a base forfeiture amount 
for  failure  to  post  the  ASR  number.6   The  Commission  has 
determined, however, that an  appropriate base forfeiture  amount 
for failure to post the ASR number is $2,000 per violation.7   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.8   Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants a $12,000 forfeiture.


                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,9 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,10 Media is hereby NOTIFIED of its APPARENT LIABILITY FOR A 
FORFEITURE in the amount of twelve thousand dollars  ($12,000.00) 
for willful and repeated violation of Sections 17.4(g) and  17.51 
of the Rules. 

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

     10.  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, IL 60673-7482.  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. 20554.11  Payment must note the ``FRN'' and  the 
``NAL/Acct. No.'' cited in the letterhead.

     11.  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'' cited in the letterhead.

     12.  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.  

     13.                                               IT      IS 
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT  LIABILITY 
shall be  sent by  First  Class Mail  and Certified  Mail  Return 
Receipt Requested to Media  Broadcasting Corporation; POB  11197; 
Winston-Salem, NC 27116-1197.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Joseph P. Husnay
                              Resident Agent, Enforcement Bureau Media Broadcasting Corporation
POB 11197
Winston-Salem NC 27116-1197

Media Broadcasting Corporation
POB 11197
Winston-Salem NC 27116-1197

Media Broadcasting Corporation
POB 11197
Winston-Salem NC 27116-1197

_________________________

1 47 C.F.R.  17.4(g) and 17.51.

2 Antenna structure owners are required to report immediately to 
the nearest FAA Flight Service Station any known extinguishment 
or malfunction of any top steady burning light or any flashing 
obstruction light if the problem cannot be corrected within 30 
minutes.  47 C.F.R.  17.48.
3 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.''
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 (1991).
5
 47 C.F.R.  1.80(b)(4)
6
 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``... any omission of a specific 
rule violation from the ... [forfeiture guidelines] ... should 
not signal that the Commission considers any unlisted violation 
as nonexistent or unimportant.  Forfeiture Policy Statement, 12 
FCC Rcd at 17099.  The Commission retains the discretion, 
moreover, to depart from the Forfeiture Policy Statement and 
issue forfeitures on a case?by?case basis, under its general 
forfeiture authority contained in Section 503 of the Act.  Id.
7
 American Tower Corporation, 16 FCC Rcd 1282 (2001).
8
 47 U.S.C.  503(b)(2)(D). 
9
 47 U.S.C.  503(b).
10
 47 C.F.R.  0.111, 0.311, 1.80.
11
 See 47 C.F.R.  1.1914.