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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:
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.
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.
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
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
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.
Fred L. Broce
District Director, Atlanta
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.