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




In the Matter of                   )
                                                            )
Dewey D. Lankford                  )   File Number EB-02-AT-305
                                  )
Owner of Unregistered Antenna      )  NAL/Acct. No.200232480018
Structure located at 33 41' 15''  )
North Latitude by 85 49' 49''     )           FRN 0007-6936-41
West Longitude in Anniston,        )
Alabama                            )

Anniston, Alabama


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  September 
24, 2002 

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Dewey D. Lankford (``Lankford''), owner of the  antenna 
structure located at coordinates 33 41' 15'' North Latitude  and 
85 49'  49'' West  Longitude,  in Anniston,  Alabama,  willfully 
violated Section 17.4(a) of the Commission's Rules  (``Rules''),1 
by failing to register the  antenna structure.  We find  Lankford 
apparently liable for forfeiture in the amount of three  thousand 
dollars ($3,000).


                         II.  BACKGROUND

     2.   On June  26,  2002, an  agent  of the  FCC  Enforcement 
Bureau's Atlanta  Office (``Atlanta  Office'') inspected  the  AM 
broadcast tower of  radio station  WANA located at  33 41'  15'' 
North Latitude  and 85  49' 49''  West Longitude,  in  Anniston, 
Alabama.  The agent noted that the structure was painted and  had 
lighting,  however,  the  tower  was  not  registered  with   the 
Commission.

     3.   On June  26, 2002,  the agent  inspected radio  station 
WANA and verified  that the  antenna structure was  owned by  the 
licensee of WANA, Dewey D.  Lankford, and that the structure  was 
not registered with the Commission.  The station license for WANA 
requires that the antenna structure be painted and lighted  since 
it is  over  200  feet  tall. The  WANA  station  inspection  was 
conducted with the operator on duty.





                        III.  DISCUSSION

     4.   Section 17.4(a) of the  Rules provides that,  effective 
July 1,  1996, owners  of any  existing antenna  structures  that 
require  notification  to  the  Federal  Aviation  Administration 
(``FAA'')  must  register  the  structure  with  the  Commission.  
Section 17.4(a)(2) of the Rules provides that, effective July  1, 
1998, owners  of  an antenna  structure  that had  been  assigned 
painting or lighting  requirements prior  to July  1, 1996,  must 
register the structure with  the Commission.  Lankford's  antenna 
structure required notification to the FAA because the  structure 
exceeded 200 feet  in height.2   In addition,  the structure  had 
been assigned painting  and lighting requirements  by the FCC  on 
the  WANA  broadcast  station  license.   Therefore,   Lankford's 
antenna structure required Commission registration.  Based on the 
evidence before us,  we find  that Dewey  D. Lankford  willfully3 
violated Section 17.4(a) of the Commission's Rules by failing  to 
register his antenna structure.

     5.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules,4 the base  forfeiture amount  for the  violation cited  in 
this Notice  of Apparent  Liability is  $3,000 (failure  to  file 
required forms  or  information).  Section  503(b)(2)(D)  of  the 
Communications Act of 1934, as amended (``Act''),5 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.''  
Considering the  record  as a  whole  and the  statutory  factors 
listed above, this case  warrants a forfeiture  in the amount  of 
$3,000.


                      IV.  ORDERING CLAUSES

     6.   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 
Commission's Rules,7 Dewey D. Lankford is hereby NOTIFIED of  his 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for willfully violating Section 17.4(a) 
of the  Commission's  Rules by  failing  to register  an  antenna 
structure that  requires  notification to  the  Federal  Aviation 
Administration.

     7.   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, Dewey  D. Lankford SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     8.   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. 20554.8

     9.   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.  

     10.  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.  

     11.   IT IS FURTHER  ORDERED THAT a copy  of this Notice  of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested to  Dewey D. Lankford, 1111  Wilmer 
Avenue, Anniston, AL 36201.



                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office
_________________________

1 47 C.F.R  17.4(a).

2 See 47 C.F.R.  17.7(a).

3 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``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.