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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Power Country, Inc. )
) File Number EB-02-TP-618
Licensee of AM Radio Station )
WGRO, ) NAL/Acct.No.200332700022
Lake City, Florida )
) FRN 0001-8101-75
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 1, 2003
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Power Country, Inc., licensee
of AM radio station WGRO, Lake City, Florida, 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
Power Country, Inc. apparently liable for failure to
maintain an effective locked fence around the base of its AM
2. On November 22, 2002, two agents from the
Commission's Tampa Field Office inspected Power Country,
Inc.'s AM antenna tower for station WGRO(AM) in Lake City,
Florida. The agents found the station's AM antenna tower
was not enclosed within an effective locked fence. A lock
was attached to the fence post but there was no hinge
attached to the gate thus rendering the lock ineffective.
The station manager stated that a new fence had been ordered
some time ago but had not yet been delivered. The tower had
radio frequency potential at its base.
3. Section 73.49 of the Rules requires antenna towers
having radio frequency potential at the base (series fed,
folded unipole, and insulated base antennas) must be
enclosed within effective locked fences. On November 22,
2002, the WGRO AM antenna tower was not enclosed within an
effective locked fence, allowing unrestricted access to the
base of the structure.
4. Based on the evidence before us, we find that Power
Country, Inc., willfully2 violated Section 73.49 of the
Rules by failing to maintain an effective locked fence
around the base of its AM antenna tower.
5. Pursuant to Section 1.80(b)(4) of the Rules,3 the
base forfeiture amount for failing to maintain effective
locked AM tower fencing 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 Power Country, Inc., is hereby NOTIFIED
of this APPARENT LIABILITY FOR A FORFEITURE in the amount 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 its AM antenna
tower used at station WGRO.
7. 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, Power Country, Inc. SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE
a written statement seeking reduction or cancellation of the
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. Request for payment of the full amount of NAL under
an installment plan should be sent to: Chief, Revenue and
Receivable 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, 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 Notice
of Apparent Liability shall be sent by regular mail and
Certified Mail Return Receipt Requested to Power Country,
Inc., RT 13, Box 318, Lake City, Florida.
Ralph M. Barlow
District Director, Tampa
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 (1991).
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.