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Before the PRIVATE
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
T & W Communications Corporation )
WACR (AM) ) File No. EB-00-OR-145
Columbus, Mississippi ) NAL/Acct. No. 200132620001
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 9, 2000
By the Enforcement Bureau, New Orleans Field Office:
1. In this Notice of Apparent Liability for Forfeiture, we find that T & W
Communications Corporation (“T & W”), licensee of AM broadcast station WACR, has
apparently violated Sections 17.4(a)(2) and 73.49 of the Commission’s Rules (“Rules”) by
failing to register the station’s antenna structure and failing to provide an effective locked fence
enclosing the station’s antenna. We conclude that T & W is apparently liable for forfeiture in
the amount of six thousand five hundred dollars ($6,500).
2. On August 23, 2000, an agent from the Commission’s New Orleans Field Office
(“Field Office”) inspected AM broadcast station WACR. During the inspection, the agent
determined that an antenna structure registration number was not displayed at the base of the
structure. It was subsequently determined that the structure had not been registered. In addition,
this station utilizes an antenna tower that has radio frequency potential at the base. During
this inspection, the agent noted that the station’s antenna tower was not in compliance with the
Rules in that it was not enclosed within an effective locked fence. The antenna tower’s fencing
was adequate, however, there was no lock securing the gate of the fence.
3. On September 5, 2000, a Notice of Violation (NOV) was issued to T &
W for failing to register the antenna structure and failing to have an effective locked fence, as
well as other violations found during the inspection of the station. On September 15, 2000, T &
W submitted a written reply to the NOV addressing the violations. In its reply, T & W stated that
an application for antenna structure registration was being prepared and submitted by its
Washington counsel, and that a tower maintenance company had replaced light bulbs on the
tower and left the lock off the gate. T &W stated that the lock had now been replaced.
4. Section 17.4(a)(2) of the Rule states that for an existing antenna structure that
had been assigned painting or lighting requirement prior to July 1, 1996, the owner must register
the structure prior to July 1, 1998.
5. Section 73.49 of the Rules requires that antenna towers having radio frequency
potential at the base be enclosed by an effective locked fence or other enclosure.
6. Based on the evidence before us, we find that on August 23, 2000, T & W
willfully violated sections 17.4(a)(2) and 73.49 of the Rules. Pursuant to Section 1.80 of the
Rules, Guidelines for Assessing Forfeiture, the base forfeiture amount for failure to register the
antenna structure (failure to file required forms) is $3,000. The base forfeiture amount for
failure to comply with AM tower fencing is $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
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.
Applying Section 1.80 of the Rules and the statutory factors to the instant case, a downward
adjustment is appropriate for the AM tower fencing, as the fence surrounding the antenna
structure was adequate, although unlocked. As such, we find that a total forfeiture in the amount
of $6,500 is warranted.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act,
and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, T & W Communications
Corporation, is hereby NOTIFIED of their APPARENT LIABILITY FOR A
FORFEITURE in the amount of six thousand five hundred dollars ($6,500) for violating
Sections 17.4(a)(2) and 73.49 of the Commission’s Rules, 47 C.F.R. §§ 17.4(a)(2) and 73.49.
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, T & W Communications Corporation SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the
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,
Illinois 60673-7482. The payment should note the NAL/Acct. No. 200132620001.
10. The response if any must be mailed to Office of the Secretary, Federal
Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN:
Enforcement Bureau – TPSD, NAL/Acct. No. 200132620001, and must include the NAL/Acct.
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; 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: Chief, Credit and Debt Management Center, 445 12th
Street, S.W., Washington, D.C. 20554.
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENTLIABILITY shall be sent by Certified Mail, Return Receipt Requested, to T & W
Communications Corporation, 1910 14th Avenue North, Columbus, Mississippi, 39701.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
New Orleans Office
47 C.F.R. §§ 17.4(a)(2) and 73.49
47 C.F.R. § 17.4(a)(2)
47 C.F.R. § 73.49
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 (199).
47 C.F.R. § 1.80
47 U.S.C. § 503(b)(2)(D). See also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01 (discussion of
upward and downward adjustment factors).
47 U.S.C. § 503(b)
47 C.F.R. §§ 0.111, 0.311, 1.80
See 47 C.F.R. § 1.1914
Federal Communications Commission NAL #200132620001
Federal Communications Commission