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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Groveton Broadcasting Group Inc ) File No. EB-01-DL-0488
Mexia, TX ) NAL/Acct.No. 200232500001
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 2, 2001
By the Enforcement Bureau, Dallas Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Groveton Broadcasting Group, Inc. (``Groveton''),
apparently violated section 17.4(a) of the Commission's rules, 47
C.F.R. § 17.4(a) by failing to register KYCX-FM's antenna
supporting structure. We conclude that Groveton is apparently
liable for forfeiture in the amount of three thousand dollars
2. Groveton is the licensee of Station KYCX-FM (licensed
to serve Mexia, Texas) and is the owner of the station's antenna
supporting structure located at or near geographical coordinates
31° 42' 25''N / 096° 31'23''W.
3. On October 18, 2000, an agent from the Commission's
Dallas Office inspected station KYCX-FM. The agent observed
several violations and during the inspection determined that
station KYCX-FM had not registered the antenna structure as
required by Section 17.4(a) of the Rules.1
4. On October 30, 2000, the Commission's Dallas Office
issued a Notice of Violation to station KYCX-FM. A subsequent
response received by the Commission's Dallas Office indicated
that station KYCX-FM was still not in compliance with the
requirement to register its antenna supporting structure.
5. On April 23, 2001, FCC agents telephoned Susan
Cholopisa, General Manager of KYCX-FM, and informed her that
according to the Commission's database the station's antenna
supporting structure was still not registered. Ms. Cholopisa
acknowledged that the structure was not registered and said that
they had been unable to obtain Federal Aviation Administration
(FAA) study information necessary to register the tower. The
agents provided information on how to obtain an FAA study for the
structure and again verbally warned Cholopisa of the requirement
to register the structure.
6. On September 19, 2001, FCC agents visited station KYCX-
FM. Susan Cholopisa, General Manager at the station, stated that
the structure was still not registered with the Commission. The
station manager stated that she would immediately register the
antenna supporting structure.
7. On October 2, 2001, a check of the FCC's antenna
structure registration database revealed that the antenna
supporting structure was still not registered.
8. Section 17.4(a) of the Commission's rules provides that
the owner of antenna structures that require notice to the
Federal Aviation Administration must register the structure with
9. Between October 18, 2000 and September 19, 2001, the
Commission repeatedly advised Groveton (by written notice and
verbally) that Groveton's failure to register its antenna
structure violated Section 17.4(a) of the Commission's rules.
10. We conclude that since October 18, 2000, Groveton
repeatedly2 and willfully3 violated Section 17.4(a) of the
Commission's rules by failure to register the antenna supporting
structure owned by Groveton and utilized by station KYCX-FM at or
near geographical coordinates 31° 42' 25''N / 096° 31'23''W.
11. 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 is $3,000 for failure to
file required forms or information (i.e. failure to file an
application for antenna structure registration). 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
Act4, 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. Applying
the Forfeiture Policy Statement and statutory factors to the
instant case, a $3,000 forfeiture is warranted.
IV. ORDERING CLAUSES
12. 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
Groveton Broadcasting Group, Inc. is hereby NOTIFIED of their
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for failure to file required forms or
information required by Section 17.4(a) of the Commission's
rules, 47 C.F.R. § 17.4(a).
13. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,7 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Groveton Broadcasting
Group, Inc. SHALL PAY the full amount of the proposed forfeiture
or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
14. 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, IL 60673-7482. The payment should note the
NAL/Acct. No. referenced in the letterhead above.
15. 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 and Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. reference in the letterhead above.
16. 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
17. 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, SW, Washington, DC
18. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Groveton Broadcasting Group, Inc. at 1006-B Milam
Street, Mexia, TX 76667.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director - Dallas Office
1 47 C.F.R. § 17.4(a)
2 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies to Section 503(b) of the Act, provides that ``[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.
3 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).
4 47 U.S.C. § 503(b)(2)(D). See also Forfeiture Policy
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and
downward adjustment factors).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 47 C.F.R. § 1.80.
8 See 47 C.F.R. § 1.1914.