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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Wilson Broadcasting Co., Inc.    )       File Number EB-01-AT-464
Licensee of Radio Station        )     NAL/Acct. No. 200232480005
WAGF(AM) Dothan, Alabama         )             FRN  0004-3330-19
                                )
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 10, 2002

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Wilson Broadcasting Co., Inc. (``Wilson''), licensee of 
radio station WAGF(AM), Dothan, Alabama, willfully and repeatedly 
violated Section 73.49 of the Commission's Rules (``Rules'')1  by 
failing to enclose its antenna  tower within an effective  locked 
fence or other enclosure.   We conclude that Wilson  Broadcasting 
Co., Inc. is apparently liable for a forfeiture in the amount  of 
seven thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   On   April  23,   2002,  an   agent  of   the   Federal 
Communications Commission (``FCC'') Enforcement Bureau's  Atlanta 
Field Office (``Field  Office'') conducted an  inspection of  the 
WAGF  transmitter  site  and  antenna  structure.  The  station's 
antenna structure  with a  folded  unipole AM  broadcast  antenna 
attached was  not enclosed  by any  fencing or  other  enclosure.  
Also, the radio frequency  feed wire from the  tuning box to  the 
antenna was not protected by any fencing or other enclosure.  The 
antenna had radio frequency potential at the base of the  antenna 
structure.

     3.  On  April  24,  2002,  an  agent  of  the  Field  Office 
inspected station WAGF.   It was again  noted that the  station's 
antenna structure  with a  folded  unipole AM  broadcast  antenna 
attached was not enclosed by any fencing or other enclosure.  The 
antenna had radio frequency potential at the base of the  antenna 
structure.  The station owner and licensee, J. R. Wilson,  stated 
that the station had been operating for about one month and  that 
the fencing had not yet been installed.
     


                      III.      DISCUSSION

     4.  Section 73.49  of the Rules  states that antenna  towers 
having radio frequency  potential at  the base  must be  enclosed 
within effective locked fences or other enclosures.  On April  23 
and 24, 2002, WAGF's antenna  structure with a folded unipole  AM 
broadcast antenna attached  was not  enclosed by  any fencing  or 
other enclosure.  Also,  the radio frequency  feed wire from  the 
tuning box to  the antenna was  not protected by  any fencing  or 
other enclosure.  The  antenna had radio  frequency potential  at 
the base of the antenna structure.

     5.  Based on the evidence before us, we find that, on  April 
23 and 24,  2002, Wilson Broadcasting  Co., Inc. repeatedly2  and 
willfully3 violated Section 73.49 of the Rules.

     6. Pursuant to  Section 1.80(b)(4)  of the  Rules, the  base 
forfeiture amount  for  the violation  cited  in this  notice  is 
$7,000 for AM tower fencing violations.4  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.''5  
Considering the  entire record,  the potential  safety hazard  of 
this violation, and applying the statutory factors listed  above, 
this case warrants a $7,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.  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 Wilson Broadcasting Co., Inc.  is hereby NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars ($7,000) for  repeated and willful violation  of 
Section 73.49 of the Rules.

     8.  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, Wilson 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.

     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 MUST  INCLUDE 
the NAL/Acct. No. and FRN referenced in the letterhead above.

     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. and FRN referenced in the letterhead 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.  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. 20554.8 

     13.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Wilson  Broadcasting  Co., Inc.  at  Radio  Station 
WAGF(AM), 808 N. Oates St., Dothan, AL 36303.






                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau
          
_________________________

1 47 C.F.R.  73.49
2 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.''
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 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.