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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554


In the Matter of                )
                                )
Erald Broadcasting, Inc.        )       File No. EB-00-CF-616 
WJRO                            )
Glen Burnie, MD                 )       NAL/Acct. No. 
200132340002


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  February   05, 

2001

By the District Director, Columbia Office, Enforcement Bureau:


                        I.  INTRODUCTION

     1.In  this  Notice  of  Apparent  Liability  for  Forfeiture 

(NAL), we  find that  Erald  Broadcasting, Inc.  (``Erald'')  has 

apparently violated Section 73.49  of the Commission's Rules  and 

Regulations (the ``Rules")1 by  failing to maintain an  effective 

locked fence or other enclosure  around the base of each  antenna 

having radio frequency potential at  the base.  We conclude  that 

Erald is  apparently liable  for a  forfeiture in  the amount  of 

seven thousand dollars ($7,000).


                         II.  BACKGROUND

     2.Station  WJRO,  licensed to  Erald  and  located  at  Glen 

Burnie, MD, was inspected on November 21, 2000 by agents from the 

Commission's  Columbia,  Maryland  Field  Office.   During   that 

inspection, the  agents discovered  that the  station's  antennas 

were  not  enclosed  within  effective  locked  fences  or  other 

enclosures.  Other violations related to the stations directional 

antenna operating parameters were also noted.

     3.A Notice of Violation was issued to Erald on November  28, 
2000 detailing these  violations. In  a reply  dated December  4, 
2000, Erald referred  to the failure  to effectively enclose  the 
tower bases as  ``house keeping'' items  they were continuing  to 
work on  while ``spending  considerable effort''  rebuilding  the 
antenna system.


                        III.  DISCUSSION

     4.Section 73.49  requires that antenna  towers having  radio 
frequency potential  at the  base  be enclosed  within  effective 
locked fences or other enclosures.  During the inspection of WJRO 
on November 21, 2000,  the agents found that  the door hinges  to 
the antenna tuning  house at tower  #1 were not  attached to  the 
doorjamb, and as  evidenced by  the rusted hinges,  had not  been 
attached for quite some time.  The  gate leading to tower #2  was 
off its hinges, the hinge pins of which were not even aligned  to 
hold the gate there.   At tower #3 the  door to the tuning  house 
was unlocked.  In reply to the Notice of Violation, Erald  stated 
that the gate to tower #2 was repaired the day of the inspection.  
He also  stated that  the hinges  on the  door at  tower #1  were 
repaired the following day.  The licensee further stated that the 
lock on  the  door at  tower  #3 was  ``cleaned,  lubricated  and 
reinstalled'' on November 25, 2000. 

     5.Based  on the  evidence  before  us, we  find  that  Erald 

Broadcasting, Inc. operated in  willful2 and repeated3  violation 

of Section  73.49  of  the Rules.   The  Commission's  Forfeiture 

Policy Statement and Amendment  of Section 1.80  of the Rules  to 

Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 

(1997),  recon.   denied,   15  FCC   Rcd   303(1999)   (``Policy 

Statement''),  sets  the  base   amount  for  AM  tower   fencing 

violations at seven thousand dollars ($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  Act4, 

that 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.  Applying the  Policy 

Statement and statutory factors to  the instant case, we  believe 

that a  monetary  forfeiture  in the  amount  of  seven  thousand 

dollars ($7,000) is warranted.


                      IV.  ORDERING CLAUSES

     6.Accordingly,  IT  IS ORDERED  THAT,  pursuant  to  Section 

503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules6, Erald  Broadcasting,  Inc.  is  hereby  NOTIFIED  of  its 

APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 

thousand dollars ($7,000) for willfully and repeatedly  violating 

Section 73.49 of the Rules.

     7.IT IS  FURTHER ORDERED THAT, pursuant  to Section 1.80  of 

the Commission's Rules, within  thirty (30) days  of the date  of 

release of this NOTICE OF APPARENT LIABILITY, Erald Broadcasting, 

Inc. 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. 200132340002.

     9.The  response,   if  any,  must   be  mailed  to   Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200132340002.

     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.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 

S.W., Washington, D.C. 20554.7

     12.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 

LIABILITY shall  be  sent,  by  certified  mail,  return  receipt 

requested, to  Erald  Broadcasting,  Inc.,  P.O.  Box  159,  Glen 

Burnie, MD 21061


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office
_________________________

1 47 C.F.R.  73.49.
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which also 
applies to  Section  503(b)  of the  Act,  provides:  ``the  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  or  any  rule  or  regulation  of   the 
Commission, authorized by this Act or by a treaty ratified by the 
United States.''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387(1991).

3 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to  Section  503(b)  of the  Act,  provides:  [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 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.