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



In the Matter of                       )
                                       )
Community Broadcast Group Inc.         )   File No. EB-02-DL-0201
                                       )
                                       )            NAL/Acct.No. 
200232500005
Owner of Unregistered Antenna Structure Located at
 32 33' 50''N / 094 21'04''W at Marshall, Texas               )
Tyler, Texas                           )         FRN 0003-7731-40


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                           Released: July 1, 2002

By the Enforcement Bureau, Dallas Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that   Community   Broadcast   Group,   Inc.   (``Community 
Broadcast''), owner of an unregistered antenna structure  located 
at 32 33' 50'' North Latitude by 094 21'04'' West Longitude, in 
Marshall,  Texas,  willfully  and  repeatedly  violated   Section 
17.4(a) of  the Commission's  Rules  (``Rules'')1 by  failing  to 
register it's  antenna  structure.  We  conclude  that  Community 
Broadcast is apparently  liable for forfeiture  in the amount  of 
three thousand dollars ($3,000).

                         II.  BACKGROUND
 
     2.   On April  17,  2002,  an agent  from  the  Commission's 
Dallas  Field  Office  inspected  Community  Broadcast's  antenna 
structure located  at or  near geographical  coordinates 32  33' 
50'' North Latitude by 094 21'04'' West Longitude, in  Marshall, 
Texas.  This structure is used as part of radio stations  KZEY-FM 
and KMHT, Marshall, Texas.   Community Broadcast is the  licensee 
of both  radio stations.   The agent  checked the  FCC's  Antenna 
Structure Registration records  and determined  that the  antenna 
structure was not registered  with the FCC.  Community  Broadcast 
subsequently provided  documentation to  the Commission's  Dallas 
Field Office showing that  Community Broadcast owned the  antenna 
structure and had acquired it on or about August 31, 2000.
 
     3.   On May 7, 2002, a check of the FCC's antenna  structure 
registration  database  revealed  that  the  antenna   supporting 
structure was still not registered.


                        III.  DISCUSSION

     4.   Section 17.4(a) of the Rules  requires the owner of  an 
antenna structure that  required notice to  the Federal  Aviation 
Administration (``FAA'') to register  the antenna structure  with 
the Commission.  Community Broadcast's antenna structure required 
FAA notification because it exceeded  200 feet in height.2   From 
at least April 17  to May 7, 2002,  Community Broadcast owned  an 
antenna structure  that  required notice  to  the FAA,  and  thus 
required Commission registration, yet Community Broadcast  failed 
to register the structure.

     5.   Based on the evidence before  us, we find that from  at 
least April 17,  2002 through  May 7,  2002, Community  Broadcast 
repeatedly3 and willfully4 violated Section 17.4(a) of the  Rules 
by failing to register its antenna supporting structure.
 
     6.   Pursuant  to  Section  1.80  of  the  Rules,  the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (i.e.  failure to  file  an application  for  antenna 
structure registration)  is $3,000.   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''),5 which  include the  nature, 
circumstances, extent, and gravity of the violation(s), 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 entire record and  applying 
the statutory factors to the instant case, a $3,000 forfeiture is 
warranted.

                      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 Community Broadcast Group, Inc. is hereby NOTIFIED of its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for  willful and repeated violation  of 
Section 17.4(a) of the Rules.

     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, Community  Broadcast  Group, 
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,  IL  60673-7482.   The  payment should  note  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 and  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, SW, Washington, DC  
20554.8

     13.   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 Community Broadcast Group,  Inc. 
P.O. Box 4248, Tyler, Texas 75670.



                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         District  Director   -  Dallas   Office, 
Enforcement Bureau

_________________________

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

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

3 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies 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.
4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).
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.