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


In the Matter of                )
                                )
Natchez Communications, Inc.    )
WTYJ                            )                      File 
No. EB-00-OR-134
Natchez, Mississippi            )                           
NAL/Acct. No. X3262012


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                Released:  September 7, 2000

By the Enforcement Bureau, New Orleans Field Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we  find   that  Natchez  Communications,  Inc. 
(``Natchez''), licensee  of FM  broadcast station  WTYJ, has 
apparently  violated  sections  17.4(g)  and  17.50  of  the 
Commission's  Rules (``Rules'')  by failing  to display  the 
antenna  structure registration  number  and  by failing  to 
clean or repaint the antenna structure as often as necessary 
to maintain good visibility. 1   We conclude that Natchez is 
apparently liable for a forfeiture  in the amount of sixteen 
thousand dollars ($16,000).

                         II.  BACKGROUND

     2.   On March 19, 1999,  an agent from the Commission's 
New  Orleans Field  Office (``Field  Office'') inspected  FM 
broadcast station  WTYJ.  During this inspection,  the agent 
determined  the  station's  antenna  structure  was  not  in 
compliance  with the  Rules  in that  the antenna  structure 
registration  number  was  not  displayed,  the  structure's 
lights were  not functioning, and the  structure's paint was 
faded, chipped, and peeling such  that it no longer provided 
good visibility. 

     3.   On March 31 1999, a  Notice of Violation (NOV) was 
issued to  Natchez citing these deficiencies.   On April 15, 
1999, Natchez submitted a written  reply that stated that it 
was  in  the process  of  correcting  the antenna  structure 
registration and would display  the number.  Natchez further 
stated that it  was under the impression that  the paint was 
in good enough shape to not  have to paint a tower that will 
be taken down in the next  90 to 120 days.  Finally, Natchez 
indicated that  it was in  the process of hiring  an antenna 
crew to repair the lights. 

     4.   More than  a year  later on July  21, 2000,  a New 
Orleans Field  agent again  inspected the  antenna structure 
for  station WTYJ.   During this  inspection, the  paint was 
observed to be  faded to the extent that it  did not provide 
the  structure  with   good  visibility.   Additionally,  no 
antenna structure  registration number was displayed  at the 
base of the structure.  


                      III.  DISCUSSION

     5.   Section 17.4(g)  of the Rules requires  the owners 
of  registered antenna  structures  to  display the  antenna 
structure registration number in a conspicuous place so that 
it  is  readily  visible  near   the  base  of  the  antenna 
structure.2  The material used to display the number must be 
weather-resistant and  of sufficient size to  be easily seen 
at the base of the structure.

     6.   Section 17.50 of the Rules states that ``[a]ntenna 
structures  requiring  painting  under this  part  shall  be 
cleaned or repainted as often  as necessary to maintain good 
visibility.'' 3

     7.   Based on the  evidence before us, we  find that on 
July 21, 2000, Natchez  willfully4 violated Sections 17.4(g) 
and 17.50  of the  Rules by failing  to display  the antenna 
structure  registration  number  and  failing  to  clean  or 
repaint  the  antenna structure  as  often  as necessary  to 
maintain good visibility.

     8.   Pursuant to Section 1.80  of the Rules, Guidelines 
for  Assessing Forfeiture,  the base  forfeiture amount  for 
failure to display the antenna structure registration number 
is  $1,000 (failure  to maintain  required records)  and the 
base forfeiture amount for failure to comply with prescribed 
lighting  and/or marking  is $10,000.  5   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.6  Applying Section 1.80  of the Rules and statutory 
factors to the instant case,  an upward adjustment of 50% is 
warranted  for  failing  to  clean or  repaint  the  antenna 
structure as often as  necessary to maintain good visibility 
($15,000).  Despite Natchez's April  12, 1999 assertion that 
the tower  would be taken down  in the next 90  to 120 days, 
the  tower  was  at  the  same location  and  had  not  been 
repainted as of  July 21, 2000.  Therefore,  a forfeiture in 
the amount of $16,000 is warranted.


                      IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80  of the  Commission's  Rules,8 Natchez  Communications, 
Inc., is hereby 


NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the 
amount of  sixteen thousand dollars ($16,000)  for violating 
Sections  17.4(g) and  17.50 of  the Commission's  Rules, 47 
C.F.R.  17.4(g) and 17.50. 

     10.  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,  Natchez Communications, 
Inc., SHALL PAY  the full amount of  the proposed forfeiture 
or  SHALL  FILE a  written  statement  seeking reduction  or 
cancellation of the proposed forfeiture.

     11.  Payment of  the forfeiture  may be made  by credit 
card  through the  Commission's Credit  and Debt  Management 
Center at  (202) 418-1995 or  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. X3262012.

     12.  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. X3262012 and  must include the 
NAL/Acct. No. X3262012.

     13.  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.

     14.  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. 20554.9

     15.  IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
OF  APPARENT  LIABILITY shall  be  sent  by Certified  Mail, 
Return Receipt  Requested, to Natchez  Communications, Inc., 
P. O. Drawer 1248, Natchez, Mississippi  39120.


                         FEDERAL COMMUNICATIONS COMMISSION



                         James C. Hawkins
                         District Director
                         New Orleans Field Office
_________________________

1 47 C.F.R.  17.4(g) and 47 C.F.R.  17.50.

2 47 C.F.R.  17.4(g).

3 47 C.F.R.  17.50.

4 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 (1991).

5 47 C.F.R.  1.80

6 47 U.S.C.  503(b)(2)(D). 

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

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.