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

                                )
In the Matter of                )
                                )
The Original Company, Inc.      )            File  No.  EB-01-CG-

155
Licensee: WBTO-FM               )
Petersburg, Indiana             )            NAL/Acct.        No. 

200132320001

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   July 13, 
               2001

By the District Director, Chicago Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   that   The   Original   Company,    Inc. 
(``Original''), licensee of Radio Station WBTO-FM, has apparently 
violated Sections 17.47(a)(1)  and 17.48(a)  of the  Commission's 
Rules (the ``Rules'').1  These violations occurred as a result of 
the failure  of Radio  Station  WBTO-FM, located  in  Petersburg, 
Indiana, to make observations  of the antenna structure's  lights 
at least once  each 24  hours, and  their failure  to notify  the 
Federal Aviation  Administration  (``FAA'')  immediately  of  the 
extinguishment of a flashing obstruction light.  We conclude that 
Original is apparently liable for  a forfeiture in the amount  of 
five thousand dollars ($5,000).

                         II.  Background

     2.   On  March   30,   2001,  the   Federal   Communications 
Commission's (``FCC'') Chicago  Office received information  that 
the top light  on Radio Station  WBTO-FM's antenna structure  had 
not been working for  approximately one month.  An  investigation 
by the Chicago office determined  the top light was suspected  to 
have been out since approximately March 1, 2001, but the  station 
was not aware of  the outage until March  26, 2001.  WBTO-FM  did 
not report the tower  light outage to the  FAA or Flight  Service 
Station (FSS) until March 30, 2001.

     3.   On April 13, 2001, a Notice of Violation (``NOV'')  was 
issued to  Original  for  failure to  make  observations  of  the 
antenna structure's lights at least  once each 24 hours,  failure 
to report the antenna structure's light outage to the FAA or FSS, 
and failure  to  notify the  Commission  of change  in  ownership 
information for a  registered antenna structure.   The NOV  cited 
Original for non-compliance with Sections 17.47(a), 17.48(a)  and 
17.57 of the Rules.2

     4.   On April  25,  2001,  the  Chicago  Office  received  a 
response to  the NOV  from Original.   In their  reply,  Original 
conceded that they were  unaware that the  tower lights were  not 
being correctly checked.  The  reply also indicated Original  had 
repaired a malfunctioning light  sensor.  Original also  admitted 
they became aware of  the outage on March  26, 2001, but the  FAA 
was not notified until March 30, 2001.  Original stated they were 
not aware of  the requirement  to file  Form 854  when a  station 
license and assets were transferred in one action. 

                        III.  Discussion

     5.   Section 17.47(a)(1) of the Rules requires the owner of 
the antenna structure registered with the Commission to make an 
observation of the antenna structure's lights at least once each 
24 hours either visually or by observing an automatic properly 
maintained indicator to insure that all such lights are 
functioning properly.  Section 17.48(a) of the Rules requires the 
owners of an antenna structure that has been assigned lighting 
specifications to notify the FAA if the lights on the tower are 
extinguished and not corrected within 30 minutes.  

     6.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'')3 as implemented in  Section 1.80 of the Rules.4   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have willfully5  or repeatedly 6  failed to comply  with 
the provisions of the Act  or the Rules.  Forfeiture amounts  are 
decided in accordance with Section 503(b)(2) of the Act7 and  the 
Commission's forfeiture guidelines in  Section 1.80(b)(4) of  the 
Rules.8

     7.   Based on the evidence before us, we find that  Original 
willfully  and  repeatedly   violated  Sections  17.47a)(1)   and 
17.48(a) of the Rules  by failing to make  an observation of  the 
antenna structure's  lights  at  least once  each  24  hours  and 
failing to  notify the  FAA of  extinguishment of  tower  lights.  
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 conduct required monitoring  is 
$2,000, and  the  base  forfeiture amount  for  failure  to  file 
required information is $3,000.  The aggregated amount for  these 
forfeitures is  $5,000.   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.9  After applying the Forfeiture Policy Statement and the 
statutory factors  to  the  instant case,  we  believe  a  $5,000 
forfeiture is warranted.

                      IV.  Ordering Clauses

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,10 The Original  Company, Inc.  is hereby  NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  five 
thousand dollars  ($5,000) for  failure  to observe  the  antenna 
structure's lights at least once each 24 hours and for failing to 
notify the FAA when  Original became aware of  the outage of  the 
top beacon of their broadcast antenna structure, in violation  of 
Sections 17.47(a)(1) and 17.48(a) of the Rules.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  The Original Company  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. 200132320001.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20402 and MUST INCLUDE THE NAL/Acct. No. 200132320001. 

     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: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.11

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  The  Original  Company,  Inc.,  1309  Old 
Orchard Road, Vincennes, IN  47591-0242.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office


_________________________

1 47 C.F.R.  17.47(a)(1) and 17.48(a).

2 47 C.F.R.  17.57.
3 47 U.S.C.  503(b).

4 47 C.F.R.  1.80.

5 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

6 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he term ``repeated'', when used with reference to 
the commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.

7 47 U.S.C.  503(b)(2).

8 47 C.F.R.  1.80(b)(4).
9 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

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

11 See 47 C.F.R.  1.1914.