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


In the Matter of                 )
                                )       File Number EB-02-BS-257
Mega Communications of New       )
Britain Licensee, L.L.C.         )       NAL/Acct. No. 
WLAT                             ) 200332260003
New Britain, Connecticut         )
                                )       FRN 0003 7847 90


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: February 14, 
2003

By the District Director, Boston Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.     In this Notice  of Apparent Liability for  Forfeiture 
            (``NAL''),  we  find   Mega  Communications  of   New 
            Britain Licensee, L.L.C.,  (``Mega'') licensee of  AM 
            radio  station   WLAT,  New   Britain,   Connecticut, 
            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 Mega  apparently 
            liable for  failing  to enclose  two of  its  antenna 
            structures within  effective locked  fences or  other 
            enclosures.  

                         II.  BACKGROUND

     2.     On August 20, 2002,  agents from the FCC  Enforcement 
            Bureau's Boston  and New York  Offices inspected  the 
            antenna  structures  of   radio  station  WLAT,   New 
            Britain,  Connecticut.   The  agents  observed   that 
            sections  of   fence  around  two   of  the   antenna 
            structures  had  separated  from  the  fence   frame, 
            creating gaps  and  allowing access  to  the  antenna 
            structures.   All   antenna  structures   had   radio 
            frequency potential at the base.

     3.     On September 11,  2002, the Boston  office issued  an 
            Official Notice  of Violation (``NOV'')  to Mega  for 
            violations  found   during   the  August   20,   2002 
            inspection. The NOV issued to Mega included the  non-
            compliance  with Section  73.49  of  the  Rules.   On 
            September 25,  2002,  the Boston  Office  received  a 
            response  from  Mega.    Mega  acknowledged  in   its 
            response the  failure to  comply with  antenna  fence 
            requirements, and  detailed corrective  action  taken 
            to correct the violation.

                        III.  DISCUSSION

     4.     Section 73.49  of  the Rules  requires  that  antenna 
            towers having radio  frequency potential at the  base 
            be enclosed within  effective locked fences or  other 
            enclosures.   On  August  20,  2002,  two  of  WLAT's 
            antenna towers  were  not enclosed  within  effective 
            locked fences or other enclosures.

     5.     Based on  the evidence  before us,  we find  that  on 
            August  20, 2002,  Mega  willfully2  and  repeatedly3 
            violated Section  73.49 of  the Rules  by failing  to 
            provide an effective locked fence or other  enclosure 
            around all their antenna structures.

     6.     The  Commission's  Forfeiture  Policy  Statement  and 
            Amendment  of   Section   1.80  of   the   Rules   to 
            Incorporate the  Forfeiture  Guidelines, 12  FCC  Rcd 
            17087,  17113  (1997),  recon.  denied,  15  FCC  Rcd 
            303(1999) (``Forfeiture  Policy Statement'')  4,,sets 
            the  base forfeiture  amount  for  AM  tower  fencing 
            violations at  $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  Applying the  Forfeiture Policy  Statement 
            and the  statutory factors  to the  instant case  and 
            applying the inflation  adjustments, we believe  that 
            a seven thousand dollar ($7,000) monetary  forfeiture 
            is warranted.

                      IV.  ORDERING CLAUSES

     7.     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  Mega 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 provide  effective locked fences  for its  antenna 
            towers.

     8.     IT IS FURTHER ORDERED THAT, pursuant to Section  1.80 
            of the Rules, within thirty days of the release  date 
            of this  NAL, Mega  Communications Licensee,  L.L.C., 
            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. 200332260003  and  FRN  0003 
            7847 90.  

     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. 
            200332260003.

     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.    Request for payment  of the full  amount of this  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

     13.    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.

     14.    IT IS FURTHER ORDERED THAT  a copy of this NAL  shall 
            be sent  by regular  mail and  Certified Mail  Return 
            Receipt  Requested  to  Mega  Communications  of  New 
            Britain Licensee, L.L.C.,  8121 Georgia Avenue,  10th 
            floor, Silver Spring, Maryland 20910.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Vincent F. Kajunski
                              District Director
                              Boston Office, Enforcement Bureau



Attachment A: Condensed List of Small Entities
                                                     October 2002
                          ATTACHMENT A


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

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.