Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                            Before the
                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:

                      I.  INTRODUCTION

     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 
antenna tower.

                       II.  BACKGROUND

     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.

                      III.  DISCUSSION

     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 
proposed forfeiture.

     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 
submitted.  

     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.




                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         




                              Ralph M. Barlow
                              District    Director,    Tampa 
Office
                              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 (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.