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


In the Matter of                   )      File Number EB-03-OR-060
                                     )
Marion R. Williams                 )     NAL/Acct. No.200332620014
Licensee of AM Broadcast Station   )
WONG                               )              FRN 0008-5822-31
  in Canton, Mississippi           )
Gary, Indiana

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                               Released: April 14, 2003April

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we  find   Marion  R.  Williams  (``Williams''), 
licensee  of AM  radio  station  WONG, Canton,  Mississippi, 
apparently  liable  for  a   forfeiture  in  the  amount  of 
seventeen thousand  dollars ($17,000) for  willful violation 
of  Sections 73.49  and  73.3526(c)(1)  of the  Commission's 
Rules   (``Rules'').1    Specifically,  we   find   Williams 
apparently  liable  for  failing to  enclose  the  station's 
antenna  tower within  an  effective locked  fence or  other 
enclosure and  failing to  make most  required items  in the 
station's  public inspection  file available  for inspection 
during regular business hours.

                       II.  BACKGROUND

     2.   On  February  26,  2003, an  agent  from  the  FCC 
Enforcement Bureau's New Orleans Office inspected AM station 
WONG licensed  to Canton,  Mississippi.  The  agent observed 
that  the structure  enclosing the  antenna tower,  that had 
radio frequency  potential at  the base, was  ineffective in 
preventing access.  The structure observed was a rectangular 
wooden frame  that had large  holes and gaps which  a person 
could easily  step through.  Likewise, the  property did not 
have a perimeter fence to prevent unauthorized access to the 
antenna  tower.  In  addition, the  station general  manager 
could  not  make  available   for  inspection  most  of  the 
documents required to be  maintained in the station's public 
inspection  file.  Documents  not  available for  inspection 
included a  copy of the service  contour map, a copy  of the 
most recent  ownership report,  the Public  and Broadcasting 
Manual,  letters from  the public,  and the  issues/programs 
lists.

                      III.  DISCUSSION

     3.   Section 73.49  of  the Rules  states that  antenna 
towers having radio frequency potential  at the base must be 
enclosed within effective locked fences or other enclosures.  
On  February 26,  2003, the  structure  at the  base of  the 
antenna tower for station WONG was ineffective in preventing 
access to the antenna tower.

     4.   Section  73.3526(c)(1)   states  that  the  public 
inspection  file required  by  Section  73.3526(a) shall  be 
available for  public inspection at any  time during regular 
business  hours.  On  February 26,  2003, station  personnel 
were unable  to make  most documents required  to be  in the 
public  inspection  file  available  for  inspection  during 
regular business hours.
     5.  Based on  the evidence before us,  we find Williams 
willfully2 violated Sections 73.49  and 73.3526(c)(1) of the 
Rules  by failing  to  enclose the  station's antenna  tower 
within  an effective  locked  fence or  other enclosure  and 
failing  to  make  most  documents required  to  be  in  the 
station's  pubic inspection  file  available for  inspection 
during regular business hours.

     6.  Pursuant  to Section 1.80(b)(4) of  the Rules,3 the 
base  forfeiture amount  for violations  involving AM  tower 
fencing is $7,000 and the  base forfeiture amount for public 
inspection  file violations  is $10,000.   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 $17,000 forfeiture.

                    IV.  ORDERING CLAUSES

     7.   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 Marion R. Williams is hereby NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
seventeen thousand  dollars ($17,000) for  willful violation 
of Sections 73.49 and 73.3526(c)(1)  of the Rules by failing 
to enclose  the station's antenna tower  within an effective 
locked  fence or  other enclosure  and failing  to make  the 
station's  pubic inspection  file  available for  inspection 
during regular business hours.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Marion R. Williams  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. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.7
     10. The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street,  S.W.,  Washington,  D.C. 20554,  Attn:  Enforcement 
Bureau-Technical &  Public Safety Division and  MUST INCLUDE 
THE NAL/Acct. No. referenced above. 

     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. 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.
 
     13. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to  Marion R. Williams, 7606  Harold Avenue, Gary, 
Indiana, 46403


                         FEDERAL COMMUNICATIONS COMMISSION




                         James C. Hawkins
                         District   Director,  New   Orleans 
Office
                         Enforcement Bureau

Attachment
_________________________

1 47 C.F.R.  73.49 and 73.3526(c)(1).

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 4387-88 
(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.