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



In the Matter of                  )
                                 )
C. W. H. Broadcasting, Inc.       )      File Number EB-01-OR-133
WHNY(AM)                          )
McComb, Mississippi               )     NAL/Acct.No. 200132620006
                                 )
                                 )



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                 Released:  October 24, 2001

By the Enforcement Bureau, New Orleans Field Office:


                         I.  INTRODUCTION

     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).


                         II.  BACKGROUND

     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 
discussed.

     

     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. 


                      III.  DISCUSSION

     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 
registered. 

     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 
functioning.

     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 
structure. 

     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 
Commission's Rules.7

     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 
letterhead above.

     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 
submitted.  

     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.


                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         




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

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.