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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-317
Best Country Broadcasting, LLC ) NAL/Acct. No.200332620009
Owner of Antenna Structure at )
Latitude 30º 50' 29" ) FRN 0007-9006-99
North and Longitude 089º 50' 06" )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 19, 2003
By the Enforcement Bureau, New Orleans Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Best Country Broadcasting, LLC (``Best
Country''), owner of antenna structure located at 30º 50'
29" North Latitude and 089º 50' 06" West Longitude,
Bogalusa, Louisiana, apparently liable for a forfeiture in
the amount of three thousand dollars ($3,000) for willful
and repeated violation of Section 17.4(a) of the
Commission's Rules (``Rules'').1 Specifically, we find Best
Country apparently liable for failing to register its
2. On October 9, 2002, an agent from the FCC
Enforcement Bureau's New Orleans Office inspected Best
Country's antenna structure utilized by AM broadcast station
WBOX in Bogalusa, Louisiana.2 WBOX's general manager
confirmed that Best Country owns the antenna structure. At
the time of the inspection, no antenna structure
registration number was displayed at the base of the
structure. The structure is approximately 74 meters in
height (242 feet) and is lighted and painted. On October
10, 2002, the FCC's Antenna Structure Registration database
had no record that this structure was registered with the
3. Section 17.4(a) of the Rules requires that the
owner of any proposed or existing antenna structure that
requires notice of proposed construction to the Federal
Aviation Administration must register the structure with the
Commission. Best Country owns the antenna structure used by
station WBOX in Bogalusa, Louisiana. This structure
requires notice of proposed construction, and therefore
Commission registration, because the structure's height
exceeds 200 feet.3 On October 9 and 10, 2002, Best Country
did not have their antenna structure in Bogalusa, Louisiana
registered with the Commission.
4. Based on the evidence before us, we find Best
Country willfully4 and repeatedly5 violated Section 17.4(a)
of the Rules by failing to register its antenna structure
with the Commission.
5. Pursuant to Section 1.80(b)(4) of the Rules,6 the
base forfeiture amount for failure to register the antenna
structure (failure to file required forms) is $3,000. 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, as amended
(``Act''), which include 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.7 Considering the entire record and applying
the factors listed above, this case warrants a $3,000
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,8 and Sections 0.111, 0.311 and
1.80 of the Rules,9 Best Country Broadcasting, LLC is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of Section 17.4(a) of the Rules by
failing to register its antenna structure with the
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Best Country Broadcasting, LLC SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
8. 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. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.10
9. 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 above.
10. 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
11. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
12. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Best Country Broadcasting, LLC, P.O.
Box 280, Bogalusa, Louisiana 70429-0280.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
1 47 C.F.R. § 17.4(a).
2 Best Country is licensee of radio station WBOX as well as
owner of the antenna structure used by the station.
3 See 47 C.F.R. § 17.7(a).
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed
under 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 4387-88
5 The 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.'' 47
U.S.C. § 312(f)(2).
6 47 C.F.R. § 1.80(b)(4).
7 47 U.S.C. § 503(b)(2)(D).
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 See 47 C.F.R. § 1.1914.