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




In the Matter of                   )
                                                             )
CB Radio, Inc.                     )    File Number EB-02-AT-398
                                  )
Owner of Unregistered Antenna      )   NAL/Acct. No.200332480016
Structure located at 36 20' 07''  )
North Latitude by 82 13' 03''     )            FRN 0007-8859-81
West Longitude in Elizabethton,    )
Tennessee                          )

Elizabethton, Tennessee


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released: 
January 23, 2003 

By the Enforcement Bureau, Atlanta Office:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find CB Radio, Inc. (``CB Radio''), 
owner of the antenna structure  of AM broadcast station WBEJ 
located at coordinates  36 20' 07'' North  Latitude and 82 
13'  03''   West  Longitude,  in   Elizabethton,  Tennessee, 
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 CB Radio, Inc.  apparently liable for 
failing to register its antenna structure.

                         II.  BACKGROUND

     2.   On  September  25,  2001,  an  agent  of  the  FCC 
Enforcement   Bureau's  Atlanta   Field  Office   (``Atlanta 
Office'') inspected radio  station WBEJ(AM).  The inspection 
revealed  that the  antenna  structure of  WBEJ(AM) was  not 
registered  with  the Commission.   On  October  4, 2001,  a 
Notice of  Violation was issued  to CB Radio for  failure to 
register the WBEJ(AM) antenna structure with the Commission.

     3.   On  October  29, 2002,  an  agent  of the  Atlanta 
Office inspected  radio station WBEJ(AM) and  the associated 
antenna structure located at 36 20' 07'' North Latitude and 
82  13' 03''  West Longitude,  in Elizabethton,  Tennessee.  
The agent noted that the  structure was painted and lighted, 
however,  the   structure  was   not  registered   with  the 
Commission.  The station license  for WBEJ(AM) requires that 
the antenna  structure be  painted and  lighted since  it is 
over 200 feet tall.

                      III.  DISCUSSION

     4.   Section  17.4(a)  of   the  Rules  provides  that, 
effective  July  1, 1996,  owners  of  any existing  antenna 
structures that require notification to the Federal Aviation 
Administration  (``FAA'') must  register the  structure with 
the Commission.   Section 17.4(a)(2)  of the  Rules provides 
that, effective July 1, 1998, owners of an antenna structure 
that  had been  assigned painting  or lighting  requirements 
prior to July 1, 1996,  must register the structure with the 
Commission.    CB   Radio's   antenna   structure   required 
notification to  the FAA because the  structure exceeded 200 
feet  in  height.2   In  addition, the  structure  had  been 
assigned painting  and lighting  requirements by the  FCC on 
the WBEJ(AM) station license.  Therefore, CB Radio's antenna 
structure required  Commission registration.  From  at least 
September 25, 2001  to October 29, 2002,  CB Radio's antenna 
structure  used   as  part  of  Station   WBEJ(AM)  was  not 
registered with the Commission.

     5.   Based on the evidence before  us, we find CB Radio 
willfully3 and  repeatedly4 violated Section 17.4(a)  of the 
Rules by failing to register its antenna structure.

     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules,5 the  base forfeiture amount for  failing to register 
an  antenna structure  is $3,000  (failure to  file required 
forms or information). 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.6   CB Radio has a history of 
violating the  same provision  that is  the subject  of this 
NAL.   Considering  the  entire   record  and  applying  the 
statutory factors listed above,  this case warrants a $3,000 
forfeiture.

                    IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Rules,8  CB Radio, Inc.  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 an antenna structure  that requires notification to 
the Federal Aviation Administration.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  CB Radio, Inc. SHALL  PAY the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.
     9.   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. 20554.9

     10.  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.  

     11.  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. 

     12.  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. 

     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to CB Radio,  Inc., 626  E.  Elk Avenue, 
Elizabethton, TN 37643.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau
_________________________

1 47 C.F.R  17.4(a).

2 See 47 C.F.R.  17.7(a).

3 Section 312(f)(1) of the Communications Act of 1934, as 
amended (``Act''), 47 U.S.C.  312(f)(1), which applies 
equally 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 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).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503 (b)(2)(D)

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.