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

                              )
               In the Matter of                                                  
                              )     File Number EB-01-AT-0040
                              )
   Zachery Broadcasting Company                         NAL/Acct. No. 20013248-0001
                              )
                              )
         Radio Station WDWZ(AM)                             
                              )
                 West Point, GA                                                 
                              )




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  April 16, 
2001


By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Zachery Broadcasting Company (``Zachery''), 
licensee of AM broadcast station WDWZ(AM),  has apparently 
violated sections 11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 
17.4(a), and 73.49 of the Commission's Rules1.  Specifically, 
Zachery failed to maintain emergency alert system (``EAS'') 
equipment, failed to maintain a public inspection file, failed to 
maintain the painting and lighting of the station's antenna 
structure, failed to report and record the outage of the 
station's antenna structure lights,  failed to register the 
station's antenna structure and failed to enclose the tower 
within an effective locked fence or other enclosure.  We conclude 
that Zachery is apparently liable for a forfeiture in the amount 
of twenty four thousand dollars ($24,000).


                         II.  BACKGROUND

     2.   On January 30, 2001, agents form the Commission's 
Atlanta Office inspected broadcast station WDWZ(AM) and found 
numerous violations.  On February 14, 2001, the Atlanta Office 
issued a Notice of Violation (``NOV'') to Zachery for violations 
found during the inspection. On March 1, 2001, the Atlanta Office 
received a written response to the NOV.  The response did not 
adequately or clearly address all violations cited in the NOV.  
On March 15, 2001, The Atlanta office issued a continuation to 
the NOV (``Continuation Notice'') requesting a more thorough and 
detailed response from the licensee.  On April 6, 2001, the 
Atlanta Office received another written response.  Again, the 
response did not adequately or clearly address all violations 
cited in the NOV.

     3.   The NOV cited numerous violations.  Of particular 
importance were those violations pertaining to the EAS equipment, 
public inspection file and antenna structure (``tower'') of radio 
station WDWZ(AM). 


                        III.  DISCUSSION

     4.   Section 11.35(a) of the Commission's Rules2 requires 
that broadcast stations have EAS equipment installed and 
operational at all times the station is in operation.  Radio 
station WDWZ(AM) had no EAS equipment installed at the station.  
Furthermore, there were no EAS logs to indicate that the station 
had ever had EAS equipment.  Zachery's initial response to the 
NOV indicated that EAS equipment with the name ``Hollybur'' had 
been ordered.  The response did not offer any further explanation 
for the absence of EAS equipment on the day of inspection.  The 
Continuation Notice requested further explanation regarding the 
station's compliance with the EAS rules as well as clarification 
of the make and model of the ordered EAS equipment.  Zachery 
failed to address the EAS violation in the subsequent response 
letter to the Atlanta Office.

     5.   Section 73.3526 of the Commission's Rules3 requires 
that commercial broadcast stations maintain a public inspection 
file at the main studio.  The file must be made available during 
normal business hours.  There was no public inspection file at 
the main studio.  Furthermore, Mr. Willie Zachery, who identified 
himself as the owner and chief operator of the station, failed to 
provide proof that the public inspection file existed.  Zachery's 
initial response to the NOV simply stated that the station now 
had a public inspection file.  No further explanation was given 
for the absence of the file on the day of inspection.  The 
Continuation Notice requested further explanation regarding the 
station's compliance with the public inspection file rules as 
well as a listing of the documents filed in the public inspection 
file.  Zachery failed to address the public inspection file 
violation in the subsequent response letter.

     6.   Sections 17.50, 17.56, 17.48, 17.49 and 17.4(a) of the 
Commission's Rules4 pertain to the licensee's responsibilities 
relating to maintenance of obstruction marking and lighting as 
well as other tower related responsibilities.  Section 17.50 
requires that licensees clean and repaint towers as often as 
necessary to maintain good visibility.  The paint on the tower 
was faded and flaking, hindering the tower's visibility.  Section 
17.56 requires that licensees repair tower lighting as soon as 
practicable.  At the time of inspection, the lights on the 
station's tower were all extinguished with the wires feeding the 
tower's lights completely severed.  During the inspection Mr. 
Zachery stated that the lights were extinguished because when 
lit, they caused electrical noise to the station's signal.  He 
further stated that the lights had been extinguished for several 
weeks.  Sections 17.48 and 17.49 require that licensee's notify 
the Federal Aviation Administration (``FAA'') of any tower 
lighting outage and that licensee's maintain specific records 
pertaining to tower lighting outages.  The FAA was not notified 
of the lighting outage and no logs were maintained regarding the 
lighting outage.  Section 17.4(a) requires that owners of towers 
with required painting and lighting register the tower with the 
Commission.  The tower was not registered with the Commission.  
Zachery's initial written response to the NOV simply stated that 
the licensee was ``work[ing] on the...FAA ...tower lighting and 
paint[ing].''  No further explanation was provided.  The 
Continuation Notice requested further information regarding all 
of the tower violations.  Zachery's response to the Continuation 
Notice stated that the tower lighting outage was reported to the 
FAA on April 2, 2001 and that the tower registration number 
(``7A304032'') was placed on the tower.  However, the provided 
registration number is invalid and there is no record that the 
tower is registered.  Zachery did not address any of the other 
tower violations.

     7.   Section 73.49 of the Commission's Rules5 requires that 
licensees enclose any AM tower with radio frequency potential at 
the base within an effective locked fence or other enclosure.  
The gate for the fence surrounding the base of the tower was 
removed, leaving an opened doorway with unrestricted access to 
the tower.  Zachery's initial response indicated that the gate 
had been reinstalled.  Zachery included a photograph of the 
reinstalled gate as evidence.  However, the photograph also 
demonstrated that the fence was still not effectively locked.  
The Continuation Notice requested that Zachery respond further to 
the tower fencing violation.  Zachery's response to the 
Continuation Notice included another photograph demonstrating 
that the gate had finally been secured with a lock and chain.  It 
is apparent from this evidence that the station continued to be 
in violation for at least two months after the inspection date.

     8.   As a Commission licensee, Zachery is responsible for 
knowledge of and compliance with the Commission's Rules.  
Zachery's responses to the Notices have been deficient in 
substance and in some cases have failed to address the 
violations.  Based on the evidence before us, we find that 
Zachery Broadcasting Company willfully6 violated Sections 
11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 17.4(a) and 73.49 
of the Commission's Rules.7  Pursuant to The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy 
Statement''), the base forfeiture amount for failure to maintain 
EAS equipment [ 11.35(a)] is $8,000, the base forfeiture amount 
for failure to maintain a public inspection file [73.3526] is 
$10,000, the base forfeiture amount for failure to maintain the 
antenna structure painting and lighting [17.50 and 17.56] is 
$10,000, the base forfeiture amount for failure to notify the FAA 
and record the tower lighting outage [17.48 and 17.49] is 
$1,000, the base forfeiture amount for failure to register the 
antenna structure [17.4(a)] is $3,000 and the base forfeiture 
amount for failure to enclose the tower within an effective 
locked fence or other enclosure [73.49] is $7,000.  The 
aggregate amount for these forfeitures is $39,000.  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 (``Act''), as amended, 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.8  Taking these factors 
into account we believe that because the station is licensed to a 
relatively small market and because the station has no prior 
history of offenses, the forfeiture amount should be reduced to 
$24,000.  After applying the Forfeiture Policy Statement and 
statutory factors to the instant case, we believe a $24,000 
forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended9, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules10, 
Zachery Broadcasting Company is hereby NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of twenty four thousand 
dollars ($24,000) for violating sections 11.35(a), 73.3526, 
17.50, 17.56, 17.48, 17.4(a) and 73.49 of the Commission's 
Rules11 for failure to maintain EAS equipment, failure to 
maintain a public inspection file, failure to maintain the 
lighting and painting of the station's antenna tower, failure to 
notify the FAA and record the tower lighting outage, failure to 
register the tower and failure to enclose the tower within an 
effective locked fence or other enclosure.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules12, within thirty days of the released date 
of this NOTICE OF APPARENT LIABILITY, Zachery Broadcasting 
Company SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or cancellation 
of the proposed forfeiture.

     11.  Payment of the forfeiture may be made by credit card 
through the Commission's Credit and Debt Management Center at 
(202) 418-1995 or 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. 20013248-
0001.

     12.  The response if any must be mailed to the Office of the 
Secretary, Federal Communications Commission, 445 12th Street, 
S.W. Washington, D.C. 20554, ATTN:  Enforcement Bureau - TPSD, 
NAL/Acct. No. 20013248-0001 and must include the NAL/Acct. No. 
20013248-0001.

     13.  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.  

     14.  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. 20554.13 

     15.   IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to 602 N. Cherry Drive, Lanett, AL 3686314.

                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director


cc:Willie Zachery, 1039 44th Avenue, Lanett, AL 36863
   Radio Station WDWZ(AM), P.O. Box 873, Lanett, AL  36863

_________________________

1 47 C.F.R  11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49,  
17.4(a), and 73.49.

2 47 C.F.R.  11.35(a).

3 47 C.F.R.  73.3526.

4 47 C.R.R.  17.50, 17.56, 17.48, 17.49 and 17.4(a).

5 47. C.F.R.  73.49.

6 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).

7 47 C.F.R.  11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.4(a) 
and 73.49.

8 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01 

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 47 C.F.R  11.35(a), 73.3526, 17.50, 17.56, 17.48, 17.49, 
17.4(a), and 73.49.

12 47 C.F.R.  1.80.

13 See 47 C.F.R.  1.1914.

14 As requested by the licensee, a courtesy copy will be sent to 
two other addresses: Radio Station WDWZ(AM) P.O. Box 873, Lanett, 
AL  36863 and Willie Zachery, 1039 44th Avenue, Lanett, AL  
36863.