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


In the Matter of                )
                                )
MAPA Broadcasting, L.L.C.       )
WSLA (AM)                      )                                                

File No. EB-01-OR-138
Slidell, Louisiana              )                                     

NAL/Acct. No. 200132620005


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: July 
24, 2001

By the Enforcement Bureau, New Orleans Field Office:


                        I.  INTRODUCTION
 
     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that MAPA  Broadcasting, L.L.C. (``MAPA''),  licensee of  AM 
broadcast station WSLA, apparently violated Sections 11.35(a) and 
73.49 of the Commission's Rules (``Rules'') by failing to  ensure 
that Emergency Alert System (``EAS'') equipment was installed and 
operating, and failing to enclose  the tower within an  effective 
locked fence  or  other  enclosure.1 We  conclude  that  MAPA  is 
apparently  liable  for  forfeiture  in  the  amount  of  fifteen 
thousand dollars ($15,000).  

                         II.  BACKGROUND

     2.  On  March 14,  2001, agents  from the  Commission's  New 

Orleans Field Office  (``Field Office'')  inspected AM  broadcast 

station WSLA.  During this inspection, the agents determined that 

no EAS  equipment  was  installed,  and the  gate  on  the  fence 

surrounding the tower was unlocked.
 
     3.  On April 26, 2001,  a Notice of Violation (``NOV'')  was 

issued to  MAPA citing  these deficiencies.   On May  14 and  21, 

2001, MAPA submitted written replies stating that it has  ordered 

the EAS equipment and  will install it when  it is received,  and 

the tower site gate is now locked. 

                        III.  DISCUSSION

     4.  Section  11.35(a)  of the  Rules  states in  part  that, 
``[b]roadcast stations and cable systems and wireless systems are 
responsible for  ensuring that  EAS  Encoders, EAS  Decoders  and 
Attention Signal generating and receiving equipment used as  part 
of the EAS are installed so that the monitoring and  transmitting 
functions are available during the times the stations and systems 
are in operation.''  However, no EAS  equipment was installed  at 
WSLA (AM) at the time of inspection. 



     5.  Section  73.49  of  the Rules  requires  the  owners  of 
antenna towers having  radio frequency potential  at the base  to 
enclose the  tower  within an  effective  locked fence  or  other 
enclosure. While WSLA  (AM)'s antenna  tower is  grounded at  the 
base, the antenna configuration  includes a ``skirt'' with  radio 
frequency potential that surrounds the tower and is within  reach 
of an average person from the ground near the base of the  tower.  
As  such,  an  effective  locked  fence  or  other  enclosure  is 
required.  However, at the  time of inspection,  the gate to  the 
fence surrounding the tower was unlocked.

     6.  Based on the evidence before  us, we find that on  March 

14, 2001, MAPA willfully2  violated Sections 11.35(a), and  73.49 

of the Rules by failing to  have EAS equipment installed so  that 

monitoring and transmitting functions were available, and failing 

to enclose the tower  within an effective  locked fence or  other 

enclosure.
 
     7.  Pursuant to Section 1.80(b)(4) of the Rules,  Guidelines 

for Assessing Forfeiture, the base forfeiture amount for  failure 

to install and have operational EAS equipment is $8,000, and  the 

base forfeiture amount for AM tower fence violations is  $7,000.3   

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.4  Applying 

Section 1.80(b)(4)  of the  Rules and  statutory factors  to  the 

instant case,  we  find no  compelling  evidence to  support  any 

adjustments to the base  forfeiture amounts.  Therefore, a  total 

forfeiture in the amount of $15,000 is warranted.

                      IV.  ORDERING CLAUSES

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

503(b) of  the  Communications  Act of  1934,  as  amended,5  and 

Sections 0.111, 0.311 and 1.80  of the Commission's Rules,6  MAPA 

Broadcasting, L.L.C. is hereby NOTIFIED of its APPARENT LIABILITY 

FOR A  FORFEITURE  in  the amount  of  fifteen  thousand  dollars 

($15,000) for  violating  Sections  11.35(a), and  73.49  of  the 

Commission's Rules.7 

     9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Commission's Rules8, 


within thirty days of the release date of this NOTICE OF APPARENT 
LIABILITY, MAPA Broadcasting, L.L.C.,  SHALL PAY the full  amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     10.  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. referenced in the letterhead above.

     11.  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   - 
Technical and  Public  Safety  Division,  and  MUST  INCLUDE  THE 
NAL/Acct. No. referenced in the letterhead above.

     12.  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.

     13.  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 Operation Group, 445  12th Street, S.W.,  Washington, 
D.C. 20554.9

     14.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to MAPA Broadcasting, L.L.C., WSLA (AM),  P.O. 
Box 1175, Slidell, Louisiana 70459.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James C. Hawkins
                         District Director
                         New Orleans Field Office
                         Enforcement Bureau
_________________________

1 47 C.F.R.  11.35(a), 73.49.

2 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 commission or omission of 
any act, means that 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).  

3 47 C.F.R. 1.80(b)(4).

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 47 C.F.R.  11.35(a), 73.49.

8 47 C.F.R. 1.80.

9 See 47 C.F.R.  1.1914.