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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
C. W. H. Broadcasting, Inc. ) File Number EB-01-OR-133
McComb, Mississippi ) NAL/Acct.No. 200132620006
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 24, 2001
By the Enforcement Bureau, New Orleans Field Office:
1. In this Notice of Apparent Liability for
Forfeiture, we find that C. W. H. Broadcasting, Inc.
(``CWH'') apparently violated Sections 17.4(a)(2), 17.51(a),
and 73.49 of the Commission's Rules (``Rules'') by failing
to register its three antenna structures, failing to exhibit
red obstruction lights on its antenna structures, and
failing to provide an effective locked fence enclosing the
station's antenna structure.1 We conclude that C. W. H.
Broadcasting, Inc. is apparently liable for a forfeiture in
the amount of twenty thousand dollars ($20,000).
2. On March 16, 2001, at 10:05AM, agents from the New
Orleans Field Office (``Field Office'') attempted to inspect
WHNY(AM). However, the building door was locked, no one
answered repeated knocks at the door, and no vehicles were
parked at the studio. While on scene, the agents walked to
the antenna structures in the open field next to the studio
building. The gate on the fence enclosing the ``south''
antenna structure was unlocked and standing open.
3. On March 19, 2001, at 6:45PM, an agent from the
Field Office observed that no lights were operating on any
of WHNY's three antenna structures.
4. On March 20, 2001, an agent from the Field Office
attempted to inspect. At this time, the station owner was
present and violations detected at the station were
5. On March 29, 2001, the Field Office issued a Notice
of Violation (NOV) to CWH citing the violations found. On
April 20, 2001, a reply to the NOV was received from CWH
stating that the antenna structures would be registered, a
tower climber had been contracted to repair the antenna
structure lights, and a new lock had been purchased and the
gate was now locked.
6. Section 17.4(a)(2) of the Rules states, ``For an
existing antenna structure that had been assigned painting
or lighting requirements prior to July 1, 1996, the owner
must register the structure prior to July 1, 1998.'' On
March 15, 2001, a check of the Commission's records did not
show that the antenna structures for station WHNY were
7. Section 17.51(a) of the Rules requires that all red
obstruction lighting be exhibited from sunset to sunrise
unless otherwise specified. On March 19, 2001, an agent
from the Field Office observed that, after sunset, none of
the lights on the antenna structures for station WHNY were
8. Section 73.49 of the Rules states in part that
``[a]ntenna towers having radio frequency potential at the
base (series fed, folded unipole, and insulated base
antennas) must be enclosed within effective locked fences or
other enclosures.'' On March 16, 2001, agents from the
Field Office observed the gate on the fence surrounding the
``south'' tower to be unlocked and standing open.
9. Based on the evidence before us, we find that CWH
willfully2 violated Sections 17.4(a)(2), 17.51(a), and 73.49
of the Rules by failing to register its three antenna
structures, failing to exhibit red obstruction lights on its
antenna structures, and failing to provide an effective
locked fence enclosing the station's ``south'' antenna
10.Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for failure to register
the antenna structures (failure to file required forms or
information) is $ 3,000, the base forfeiture amount for
failure to comply with prescribed lighting or painting is
$10,000, and the base forfeiture amount for AM tower fencing
violation is $7,000.3 Section 503(b)(2)(D) of the Act
requires us to take into account ``... 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.''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 $20,000 is warranted.
IV. ORDERING CLAUSES
11. 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 C.W.H. Broadcasting, Inc. is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
amount of twenty thousand dollar ($20,000) for willful
violation of Sections 17.4(a)(2), 17.51(a), and 73.49 of the
12. 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, C.W.H.
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.
13. 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
14. 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 & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. referenced in the letterhead above.
15. 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
16. 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,
S.W., Washington, D.C. 20554.9
17. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return
Receipt Requested to C.W.H. Broadcasting, Inc. at P.O. Box
1223, McComb, Mississippi 39648.
James C. Hawkins
New Orleans Field Office
1 47 C.F.R. §§ 17.4(a)(2), 17.51(a), and 73.49
2 Section 3132(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 an 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. §§ 17.4(a)(2), 17.51(a), and 73.49
8 47 C.F.R. § 1.80.
9 See 47 C.F.R. § 1.1914.