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




In the Matter of                   )
                                                            )
J. L. Brewer Broadcasting of       )   File Number EB-02-AT-307
Cleveland, LLC                     )
                                  )  NAL/Acct. No.200232480020
Owner of Unregistered Antenna      )
Structure located at 35 28' 12''  )           FRN 0003-7349-10
North Latitude by 85 02' 15''     )
West Longitude in Dayton,          )
Tennessee

Chattanooga, Tennessee


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  September 
9, 2002 

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that   J.  L.   Brewer  Broadcasting   of  Cleveland,   LLC 
(``Brewer''),  owner  of   the  antenna   structure  located   at 
coordinates 35 28'  12'' North  Latitude and 85  02' 15''  West 
Longitude,  in  Dayton,  Tennessee,  willfully  violated  Section 
17.4(a) of  the Commission's  Rules (``Rules''),1  by failing  to 
register the antenna structure.  We find Brewer apparently liable 
for forfeiture in the amount of three thousand dollars ($3,000).


                         II.  BACKGROUND

     2.   On July  9,  2002,  an agent  of  the  FCC  Enforcement 
Bureau's Atlanta  Office (``Atlanta  Office'') inspected  the  AM 
broadcast tower of  radio station  WDNT located at  35 28'  12'' 
North Latitude  and  85  02' 15''  West  Longitude,  in  Dayton, 
Tennessee.  The agent  noted that the  structure was painted  and 
had lighting,  however, the  tower was  not registered  with  the 
Commission.

     3.   On July 9, 2002, the agent inspected radio station WDNT 
and verified that the antenna structure was owned by the licensee 
of WDNT, J. L.  Brewer Broadcasting of  Cleveland, LLC, and  that 
the structure  was  not  registered  with  the  Commission.   The 
station license for WDNT requires  that the antenna structure  be 
painted and lighted  since it  is over  200 feet  tall. The  WDNT 
station  inspection  was  conducted  with  the  station's   chief 
engineer.





                        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.   Brewer'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 WDNT broadcast station license.  Therefore, Brewer's  antenna 
structure  required  Commission   registration.   Based  on   the 
evidence before us,  we find  that J. L.  Brewer Broadcasting  of 
Cleveland,  LLC  willfully3  violated  Section  17.4(a)  of   the 
Commission's Rules by failing to register its 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 J. L. Brewer Broadcasting of Cleveland,  LLC 
is hereby NOTIFIED of its 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,  J. L. Brewer Broadcasting  of 
Cleveland,  LLC  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  J. L.  Brewer Broadcasting  of 
Cleveland, LLC, 1305 Carter Street, Chattanooga, TN 37402.



                         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.