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

In the Matter of                 )
                                )
J & W Promotions, Inc.           )
                                )        File Number EB-02-AT-277
Licensee of AM Radio Station     )
WAPZ, Wetumpka, Alabama, and     )       NAL/Acct.No. 200232480016
Owner of Unregistered Antenna    )
Structure Located at 32 29'     )                FRN 0007-4715-50
06'' N Latitude by 086 12'      )
25'' W Longitude                 )
Wetumpka, Alabama                )




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: August 28, 2002 

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In  this Notice  of Apparent  Liability for  Forfeiture 
(``NAL''), we find J & W  Promotions, Inc., licensee of AM  radio 
station  WAPZ,  Wetumpka,  Alabama,  and  owner  of  unregistered 
antenna structure located at 32 29' 06'' North latitude by  086 
12' 25'' West longitude  in Wetumpka, Alabama, apparently  liable 
for a  forfeiture  in the  amount  of eighteen  thousand  dollars 
($18,000) for willful  violation of  Sections 11.35(a),  17.4(a), 
and 73.49 of the  Commission's Rules (``Rules'').1  Specifically, 
we find J & W Promotions,  Inc. apparently liable for failing  to 
ensure Emergency Alert System  (``EAS'') equipment was  installed 
and operational, failing to register their antenna structure with 
the Commission, and failing to maintain an effective locked fence 
around the base of the antenna structure.

                         II.  BACKGROUND

     2.   On July  25, 2002,  an agent from  the FCC  Enforcement 
Bureau's Atlanta Field  Office inspected  station WAPZ's  antenna 
structure located at 32 29' 06'' North latitude by 086 12' 25'' 
West longitude  near  Wetumpka, Alabama.   No  Antenna  Structure 
Registration (``ASR'') number was observed anywhere near the base 
of the structure.

     3.   Still  on  July 25,  2002,  the agent  inspected  radio 
station WAPZ in Wetumpka, Alabama  accompanied by the CEO of  the 
station, Mr. Robert  Henderson.  At the  time of the  inspection, 
the station did not have EAS equipment installed or  operational.  
There were no station logs that would indicate the EAS  equipment 
had been  removed  for  repairs  or  that  there  had  ever  been 
operational EAS equipment used at the station.  Additionally, Mr. 
Henderson confirmed that the antenna  structure was owned by  the 
licensee.   Mr.  Henderson  stated  that  he  believed  that  the 
structure  was  properly   registered,  but   could  provide   no 
documentation  to   support  this   claim.   Also   during   this 
inspection, the  agent  found  the  base  fencing  enclosing  the 
station's AM antenna tower to be deficient in that the top  board 
of the fencing  was missing allowing  access to the  base of  the 
tower.  This tower had radio frequency potential at its base.

     4.   On July 29, 2002, the  agent conducted a search of  the 
Commission's ASR database  and found that  the antenna  structure 
for station WAPZ  had not  been registered,  and no  applications 
filed to register the structure.

                        III.  DISCUSSION

     5.   Section 11.35(a) of the Rules sets forth that broadcast 
stations are  responsible for  ensuring  that EAS  encoders,  EAS 
decoders and Attention Signal generating and receiving  equipment 
used as part of the EAS are installed so that the monitoring  and 
transmitting  functions  are  available  during  the  times   the 
stations are  in  operation.  On  July  25, 2002,  there  was  no 
installed EAS equipment  at the  studios of  WAPZ.  In  addition, 
there were no station logs that would indicate the EAS  equipment 
had been  removed  for  repairs  or  that  there  had  ever  been 
operational EAS equipment used at the station.2

     6.   Section 17.4(a) of the Rules states that, ``[e]ffective 
July 1,  1996, the  owner  of any  proposed or  existing  antenna 
structure that requires  notice of proposed  construction to  the 
Federal  Aviation  Administration  (``FAA'')  must  register  the 
structure with the Commission.''  Mr. Henderson stated that J & W 
Promotions, Inc.  owned the  antenna structure  used as  part  of 
radio station WAPZ.  This structure  required notice to the  FAA, 
and thus required registration  with the Commission, because  the 
structure height was 300 feet.3  There were no Commission records 
indicating that this structure was registered.

     7.   Section  73.49 of  the  Rules requires  antenna  towers 
having radio frequency potential at the base (series fed,  folded 
unipole, and  insulated base  antennas) must  be enclosed  within 
effective locked fences.  On July 25, 2002, the agent found  that 
the top horizontal  plank on the  tower fence was  not in  place, 
allowing unrestricted access to the base of the tower.

     8.   Based on  the  evidence  before  us,  we  find  J  &  W 
Promotions, Inc., willfully4 violated Sections 11.35(a), 17.4(a), 
and 73.49 of the  Rules by failing to  ensure that EAS  equipment 
was installed and  operational at  WAPZ, by  failing to  register 
WAPZ's antenna structure with the  Commission, and by failing  to 
maintain an effective locked fence enclosing its antenna tower.

     9.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for EAS equipment not installed or  operational 
is $8,000, the base forfeiture amount for failing to register its 
antenna structure (failure to file required forms or information) 
is $3,000, and the base forfeiture amount for failing to maintain 
effective locked AM  tower fencing is  $7,000.  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, 
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   Considering the  entire record  and 
applying the factors listed above, this case warrants an  $18,000 
forfeiture.

                      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 
Rules,8 J  &  W Promotions,  Inc.,  is hereby  NOTIFIED  of  this 
APPARENT LIABILITY FOR  A FORFEITURE  in the  amount of  eighteen 
thousand dollars  ($18,000)  for willful  violation  of  Sections 
11.35(a), 17.4(a), and 73.49  of the Rules  by failing to  ensure 
that EAS equipment was installed and operational at station WAPZ, 
failing to register WAPZ's antenna structure with the Commission, 
and failing to  maintain effective  AM tower  fencing around  the 
base of the antenna structure for WAPZ.

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this NAL,  J 
& W Promotions, Inc.  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 should note the 
NAL/Acct. No. and FRN referenced  above.  Request for payment  of 
the full amount of NAL under  an installment plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C.  20554.9

     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 
NAL/Acct. No. referenced above.

     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.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to J & W Promotions, Inc., 2821 U.S. Hwy 231. Wetumpka,  Alabama, 
36092.




                              FEDERAL COMMUNICATIONS COMMISSION
                         




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

1 47 C.F.R.  11.35(a), 17.4(a), and 73.49.
2 EAS activations and tests, failures to receive such tests, and 
EAS equipment malfunctions must be recorded in the station log.  
See 47 C.F.R.  11.35(a)-(b), 11.55(c)(7) and 11.61(b).
3 See 47 C.F.R.  17.7(a).
4 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).
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.