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



In the Matter of                   )
                                   )
Seggi Broadcasting of Florida,     )
Inc.                               )   File Number EB-02-TP-252
                                  )
Owner of Antenna Structures        )  NAL/Acct. No.200232700013
#1028463 and #1028464              )
                                  )           FRN 0007-1134-83
Lake Wales, Florida


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June  20, 
2002 

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Seggi Broadcasting of Florida, Inc., (``Seggi''), owner 
of antenna  structures  #1028463  and  #1028464  at  Lake  Wales, 
Florida, willfully  and  repeatedly  violated  Sections  17.4(g), 
17.23, 17.50 and 17.51 of the Commission's Rules (``Rules''),1 by 
failing  to  display  Antenna  Structure  Registration  (``ASR'') 
numbers, failing to provide obstruction lighting as prescribed by 
the Commission's station authorization and ASR Form 854R, failing 
to maintain  good visibility  of the  required antenna  structure 
paint, and failing to exhibit  all red obstruction lighting  from 
sunset to sunrise.  We find Seggi Broadcasting of Florida,  Inc., 
apparently liable  for forfeiture  in the  amount of  twenty-four 
thousand dollars ($24,000).

                         II.  BACKGROUND

     2.  On April 30, 2002,  two agents from the FCC  Enforcement 
Bureau's Tampa Field Office (``Tampa Office'') observed that  all 
lights on Seggi's two antenna structures #1028463 and #1028464 at 
Lake Wales, Florida, used as part of AM radio station WIPC,  were 
unlit after local sunset.  The agents contacted the area  Federal 
Aviation Administration  (``FAA'')  Flight  Service  Station  and 
determined that  no  report  of  a light  outage  for  these  two 
structures had been made.

     3.  On  May  2,  2002,  two agents  from  the  Tampa  Office 
inspected radio station WIPC(AM).2  The general manager for  WIPC 
stated that she had been aware of the light outages for at  least 
two weeks  and  had  received estimates  to  make  repairs.   The 
general manager stated  that no  report of the  light outage  had 
been made  to  the FAA.   The  general manager  stated  that  the 
station did  not keep  a log  of tower  light observations.   The 
agents observed that  only one  of the station's  two towers  had 
obstruction lighting installed.  Furthermore,  the paint on  both 
towers was  severely  chipped  and faded.   The  inspection  also 
revealed that  ASR numbers  were  not posted  at or  near  either 
antenna tower base. 

                        III.  DISCUSSION

     4.  Section 17.4(g) of the Rules requires ASR Numbers to  be 
displayed in a conspicuous place so that they are readily visible 
near the base of antenna structures.  On May 2, 2002, two  agents 
observed that the  ASR numbers were  not posted at  the bases  of 
Seggi's two antenna towers #1028463 and #1028464.  The Commission 
cited Seggi  for this  same violation  on May  5, 1999.   Section 
17.23 of the Rules states that unless otherwise specified by  the 
Commission,  each  new  or   altered  antenna  structure  to   be 
registered on or after January 1, 1996, must conform to the FAA's 
painting and lighting recommendations.  The Commission's FCC Form 
854R antenna  structure registration  and  terms of  the  station 
authorization both specify that each  tower shall be painted  and 
lighted in accordance with FAA specifications.   On May 2,  2002, 
one of Seggi's towers had no lighting installed.  The  Commission 
cited  Seggi  for  this  same  violation  on  January  28,  1991.   
Section  17.50  of  the  Rules  states  that  antenna  structures 
requiring painting  shall be  cleaned or  repainted as  often  as 
necessary to maintain good visibility.  On May 2, 2002, the paint 
on both of Seggi's towers  was badly faded and chipped.   Section 
17.51 of the  Rules requires  that all  red obstruction  lighting 
shall be  exhibited  from  sunset  to  sunrise  unless  otherwise 
specified.   On  April   30,  2002,  Seggi   failed  to   exhibit 
obstruction lights on its tower  between sunset and sunrise.   In 
addition, on May  2, 2002,  Seggi admitted  it had  known of  the 
light outage for at least two  weeks prior to that date and  that 
no report of the light outage had been made to the FAA.

     5.   Based on the  evidence before  us, we  find that  Seggi 
willfully3 and  repeatedly4  violated  Sections  17.4(g),  17.23, 
17.50 and  17.51 of  the  Rules by  failing  to display  the  ASR 
numbers, failing  to  provide  prescribed  obstruction  lighting, 
failing to  maintain good  visibility  of the  antenna  structure 
markings, and  failing to  exhibit  red obstruction  lights  from 
sunset to sunrise. 

     6.  Pursuant to Section 1.80(b)(4)  of the Rules,5 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and marking  is  $10,000.  The  Rules  do not  establish  a  base 
forfeiture amount  for  failure  to post  the  antenna  structure 
registration 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, 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.8  Considering the entire record and applying 
the factors listed above, this case warrants a $12,000 forfeiture 
for each  of  Seggi's  two  towers, for  a  total  forfeiture  of 
$24,000.


                      IV.  ORDERING CLAUSES

     7.  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 Seggi Broadcasting of Florida, Inc., is hereby  NOTIFIED 
of its  APPARENT LIABILITY  FOR  A FORFEITURE  in the  amount  of 
twenty-four thousand dollars ($24,000)  for willful violation  of 
Section 17.4(g), 17.23, 17.50 and 17.51 of the Rules, by  failing 
to display  Antenna Structure  Registration numbers,  failing  to 
provide  obstruction  lighting  as  prescribed  by  the   station 
authorization and  ASR  Form  854R,  failing  clean  and  repaint 
antenna structures to  maintain good visibility,  and failing  to 
exhibit all red obstruction lighting from sunset to sunrise.

     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, Seggi Broadcasting of Florida, 
Inc., 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 should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount  of this  Notice of Apparent  Liability under  an 
installment  plan  should   be  sent  to:   Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.11

     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. referenced 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.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall  be sent by  regular and Certified  Mail 
Return Receipt Requested to Seggi Broadcasting of Florida,  Inc., 
2000 Universal Studios Suite 604, Orlando, Florida 32819.    


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director - Tampa Office
                         Enforcement Bureau
_________________________

1 47 C.F.R  17.4(g), 17.23, 17.50 and 17.51.

2 Seggi is the owner of the antenna structures in addition to 
being licensee of radio station WIPC (AM).

3 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).

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 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.