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

In the Matter of                  )
                                 )
                                 )
Casey Network, LLC                )       File Number EB-03-AT-084
Licensee of AM Broadcast          )
Station WRFS                      )      NAL/Acct.No. 200332480023
in Alexander City, Alabama        )
Auburn, Alabama                   )               FRN 0005-0273-13




         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: May 6, 2003 

By the Enforcement Bureau, Atlanta Office:

                      I.  INTRODUCTION

     1.    In   this  Notice   of  Apparent   Liability  for 
Forfeiture (``NAL''),  we find Casey Network,  LLC, licensee 
of AM radio station WRFS, apparently liable for a forfeiture 
in the amount of seven thousand dollars ($7,000) for willful 
and repeated violation of  Section 73.49 of the Commission's 
Rules  (``Rules'').1  Specifically,  we find  Casey Network, 
LLC apparently  liable for failing to  enclose the station's 
antenna tower within an effective locked fence.

                       II.  BACKGROUND

     2.    On  April   9,  2003,  an  agent   from  the  FCC 
Enforcement Bureau's Atlanta  Office inspected radio station 
WRFS's antenna  tower in Alexander City,  Alabama. The agent 
was  accompanied by  the  operator on  duty.  The  station's 
antenna tower had radio frequency  energy at the base of the 
tower.  The  wooden fence around  the base of the  tower was 
incomplete, missing  a section more  than two feet  in width 
adjacent  to  the  tuning house  that  allowed  unrestricted 
access to  the tower base.   The operator on duty  stated he 
was aware  the fence  needed repair and  that the  fence had 
been in that condition for some time.

                      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) to be enclosed 
within effective  locked fences.   WRFS's antenna  tower has 
radio frequency  potential at its  base.  On April  9, 2003, 
the wooden  fence surrounding the  tower base was  missing a 
complete  section  adjacent  to the  tuning  house  allowing 
unrestricted access to the tower base.  The operator on duty 
at  the station  stated  that  the fence  had  been in  that 
condition for quite some time. 


     4.   Based on  the evidence  before us,  we find  Casey 
Network,  LLC, willfully2  and repeatedly3  violated Section 
73.49  of the  Rules  by failing  to  maintain an  effective 
locked fence enclosing the base of its antenna tower.

     5.   Pursuant to Section  1.80(b)(4) of the Rules,4 the 
base forfeiture amount for  failing to maintain an effective 
locked AM tower fence 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.5  
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,6  and Sections 0.111,  0.311 and 
1.80 of the Rules,7 Casey Network, LLC is hereby NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
seven  thousand dollars  ($7,000) for  willful and  repeated 
violation  of  Section 73.49  of  the  Rules by  failing  to 
maintain effective AM  tower fencing around the  base of the 
antenna tower for WRFS.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Casey Network, LLC  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.  20554.8

     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 NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Casey Network, LLC,  908 Opelika Road, 
Auburn, AL 36830.




                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         




                              Fred L. Broce
                              District   Director,   Atlanta 
Office
                              Enforcement Bureau


Attachment A
_________________________

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 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).
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503 (b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.