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                  )
                                 )
                                 )
Radio Centre, Inc.                )       File Number EB-03-AT-062
Licensee of AM Broadcast          )
Station WAGC                      )      NAL/Acct.No. 200332480021
Centre, Alabama                   )
                                 )               FRN 0007-3964-19



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: April 15, 2003 

By the Enforcement Bureau, Atlanta Office:

                      I.  INTRODUCTION

     1.    In   this  Notice   of  Apparent   Liability  for 
Forfeiture (``NAL''),  we find Radio Centre,  Inc., licensee 
of AM radio station WAGC, 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 Radio  Centre,  Inc. 
apparently  liable  for  failing to  enclose  the  station's 
antenna tower within an effective locked fence.

                       II.  BACKGROUND

     2.    On  March   4,  2003,  an  agent   from  the  FCC 
Enforcement Bureau's Atlanta  Office inspected radio station 
WAGC's  antenna  tower in  Centre,  Alabama.  The agent  was 
accompanied by the station's manager.  The station's antenna 
tower had radio  frequency energy at the base  of the tower.  
The  wooden  fence   around  the  base  of   the  tower  had 
deteriorated  such  that  some   of  the  fence  boards  had 
collapsed  to the  ground,  resulting in  gaps that  allowed 
unrestricted access to the  tower base.  The station manager 
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.   WAGC's antenna  tower has 
radio frequency  potential at its  base.  On March  4, 2003, 
severe  deterioration of  the wooden  fence at  the base  of 
WAGC's antenna  tower resulted  in gaps in  two of  the four 
sides  of  the wooden  fence  where  the boards  had  rotted 
through and collapsed.  The  station manager stated that the 
fence had been in that condition for quite some time. 

     4.   Based on  the evidence  before us,  we find  Radio 
Centre, Inc., willfully2 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,3 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.''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 Radio Centre, 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 effective 
AM tower  fencing around the  base of the antenna  tower for 
WAGC.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Radio Centre, 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 NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested  to Radio  Centre,  Inc.;  P.O. Box  602; 
Centre, Alabama 35960-0602.




                              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 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.