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

In the Matter of                   )      File Number EB-02-OR-354
Forrester ET AL                    )     NAL/Acct. No.200332620010
Licensee of KLYR(AM)               )
Clarksville, Arkansas              )                FRN 0003784691 


                                 Released: February 19, 2003

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Forrester ET AL (``Forrester''), licensee 
of KLYR(AM), Clarksville, Arkansas,  apparently liable for a 
forfeiture in the amount  of seven thousand dollars ($7,000) 
for willful  violation of Section 73.49  of the Commission's 
Rules   (``Rules'').1   Specifically,   we  find   Forrester 
apparently  liable  for  failing to  maintain  an  effective 
locked fence around the base  of the antenna tower for radio 
station KLYR(AM).  

                       II.  BACKGROUND

     2.   On  November  6,  2002,  an  agent  from  the  FCC 
Enforcement  Bureau's  New  Orleans Office  inspected  radio 
station KLYR(AM).  At the time  of the inspection, the fence 
around the field in which the tower was located had numerous 
openings with  no fencing, affording unrestricted  access to 
the tower.  In  addition, there was no fence at  the base of 
the tower.   The tower  had radiofrequency potential  at the 

                      III.  DISCUSSION

     3.  Section  73.49 of  the Rules requires  that antenna 
towers  having  radio frequency  potential  at  the base  be 
enclosed within effective locked fences or other enclosures.  
On November 6,  2002, there was no fence around  the base of 
the antenna tower and the  outer fence surrounding the field 
afforded many unrestricted access points. 

     4.  Based on the evidence  before us, we find Forrester 
willfully2 violated Section 73.49 of the Rules by failing to 
maintain an  effective locked fence  around the base  of the 
antenna tower. 

     5.  Pursuant  to Section 1.80(b)(4) of  the Rules,3 the 
base forfeiture  amount for  AM tower fencing  violations is 
$7,000.   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.4   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $7,000 forfeiture.

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,5  and Sections 0.111,  0.311 and 
1.80 of the  Rules,6 Forrester ET AL, is  hereby NOTIFIED of 
seven  thousand dollars  ($7,000) for  willful violation  of 
Section  73.49  of  the  Rules by  failing  to  maintain  an 
effective  locked fence  around  the base  of the  station's 
antenna structure. 

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Forrester  ET AL 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. 20554.7

     9.  The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street S.W., 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 Forrester  ET AL,  P.O. Box  188, Clarksville, 
Arkansas 72830. 


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 47 C.F.R.  73.49.

2 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 

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 See 47 C.F.R.  1.1914.