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


                                )
In the Matter of                )
                                )            File  No.  EB-02-CG-
                         522
Mercury Broadcasting Company, Inc. )              
Radio Station WKBF              )            NAL/Acct. No. 
200332320004
Moline, Illinois                )            
                                )            FRN: 0001 6778 06

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:   January 
               24, 2003

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  that  Mercury  Broadcasting  Company,  Inc., 
(``Mercury''), has apparently violated  Sections 17.50 and  17.57 
of the  Commission's Rules  (the ``Rules'').1   These  violations 
occurred as a result of Mercury failing to repaint their  antenna 
structures as often as necessary to maintain good visibility, and 
failing to notify the Commission  of tower ownership change.   We 
conclude that Mercury  is apparently liable  for a forfeiture  in 
the amount of thirteen thousand dollars ($13,000).

                         II.  BACKGROUND

     2.   On July 3, 2002, an agent from the Commission's Chicago 
Office inspected the  antenna structures of  Radio Station  WKBF.  
At  the  time  of  the  inspection,  the  paint  on  the  antenna 
structures was badly faded and  sections of the towers had  paint 
missing, exposing the bare metal.

     3.   On August 7, 2002, the  Chicago Office issued a  Notice 
of Violation  (``NOV'')  to Mercury  for  violation of  FCC  Rule 
Sections 17.50  and 17.57,  tower  cleaning and  repainting,  and 
ownership notification respectively.

     4.   On August  19,  2002,  the Chicago  Office  received  a 
response to  the NOV  from Mercury's  counsel.  In  their  reply, 
Mercury  did  not  dispute  the  violations.   Mercury   provided 
evidence that  on August  14, 2002,  they hired  a contractor  to 
paint the WKBF towers, and had corrected the tower registration.

                      III.      DISCUSSION

     5.   Section 17.50 requires  antenna structures painting  to 
be cleaned or repainted  as often as  necessary to maintain  good 
visibility.  At  the time  of the  inspection, the  paint on  the 
antenna structure was severely faded with paint missing and  bare 
metal exposed. 

     6.   Section  17.57  requires  the  owner  of  a  Registered 
Antenna Structure  to immediately  notify the  Commission of  any 
change in ownership information.  At the time of inspection,  the 
tower was registered to a previous owner.

     7.   The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'')2 as implemented in  Section 1.80 of the Rules.3   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have  willfully4 and repeatedly5  failed to comply  with 
the provisions of the Act  or the Rules.  Forfeiture amounts  are 
decided in accordance with Section  503(b)(2) of the Act and  the 
Commission's forfeiture guidelines in  Section 1.80(b)(4) of  the 
Rules.

     8.   Based on the evidence before  us, we find that  Mercury 
willfully and repeatedly violated Sections 17.50 and 17.57 of the 
Rules by failing to repaint the antenna structures as needed  and 
failing  to  notify  the  Commission  upon  change  in  ownership 
information.  Pursuant  to  The  Commission's  Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture Guidelines,  12 FCC Rcd 17087  (1997), 
recon.  denied,  15  FCC  Rcd  303  (1999)  (``Forfeiture  Policy 
Statement''), the base  forfeiture amount for  failing to  comply 
with prescribed  marking  is $10,000,  and  for failure  to  file 
required forms or information, $3,000.  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 (``ACT''),  as amended,  which include  the  nature, 
circumstances, extent, and gravity of the violation(s), 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   After  applying  the  Forfeiture  Policy 
Statement and  the  statutory factors  to  the instant  case,  we 
believe  a  thirteen  thousand  dollar  ($13,000)  forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,7 Mercury Broadcasting Company, Inc. is hereby NOTIFIED  of 
its APPARENT LIABILITY FOR A FORFEITURE in the amount of thirteen 
thousand dollars  ($13,000) for  failing to  repaint the  antenna 
structure as  needed  and failure  to  notify the  Commission  of 
change in ownership information,  in violation of Sections  17.50 
and 17.57.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Mercury  Broadcasting Company, Inc.  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     11.  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. 200332320004 and FRN 4995882.

     12.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20402 and MUST  INCLUDE THE  NAL/Acct. No.  200332320004 and  FRN 
4995882. 

     13.  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.

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.8

     15.  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  and 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.

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to Mercury  Broadcasting Company,  Inc.,  115 
East Travis, San Antonio, TX 78205.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office









Attachment A: Condensed List of Small Entities

_________________________

1 47 C.F.R.  17.50 and 17.57.

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

3 47 C.F.R.  1.80.

4 Section 312(f)(1), which also applies to Section 503(b), 
provides: [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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

5 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

6 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.