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


In the Matter of                   )      File Number EB-03-AT-033
                                                             )
Media General Operations, Inc.     )     NAL/Acct. No.200332480019
Owner of Antenna Structure         )
#1058894                           )              FRN 0005-7936-66
located in Beech Island, South     )
Carolina
Richmond, Virginia
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: April 8, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Media General Operations, Inc. 
(``Media General''),  apparently liable for a  forfeiture in 
the amount of ten thousand dollars ($10,000) for willful and 
repeated  violation of  Section  17.51  of the  Commission's 
Rules  (``Rules'').1  Specifically,  we  find Media  General 
apparently liable for failure  to exhibit all required white 
obstruction lighting during daylight  hours and all required 
red  obstruction  lighting  during nighttime  hours  on  the 
antenna  structure assigned  Antenna Structure  Registration 
(``ASR'') number 1058894 in Beech Island, South Carolina.

                         II.  BACKGROUND

     2.   On  February 5  and  6, 2003,  an  agent from  the 
Commission's  Atlanta District  Office  inspected the  newly 
erected antenna structure with ASR number 1058894 located in 
Beech   Island,  South   Carolina2.    Although  there   was 
construction  still being  performed on  the structure,  the 
structure was constructed to its  full height of 474 meters.  
An  antenna  mast had  been  installed  at  the top  of  the 
structure.  On both days, the  structure did not exhibit the 
required white strobe obstruction lighting at the top of the 
structure  during daytime  hours3  and did  not exhibit  all 
required red flashing obstruction  lighting on the structure 
during  nighttime hours.4,5   As  of February  6, 2003,  the 
Federal Aviation  Administration (``FAA'') had no  record of 
the lighting outage for this structure.

     3.   On February  7, 2003, the agent  spoke with Ardell 
Hill,  the Media  General representative  in charge  of this 
project.  Mr. Hill stated that  he had spoken to Kerry Hale, 
the chief operator for broadcast station WJBF, who confirmed 
the light outages  on the structure.  On  February 20, 2003, 
the agent again spoke with Mr.  Hill and Mr. Hale.  Mr. Hill 
stated that the structure had  been fully constructed to its 
ultimate   height   but    was   technically   still   under 
construction.   Mr.  Hale  stated  that  there  had  been  a 
lighting   controller  failure   causing  portions   of  the 
nighttime  red  lighting  to  fail,  and  that  he  had  now 
installed  temporary nighttime  lighting at  the top  of the 
structure.  Regarding the daytime  strobe lighting, Mr. Hale 
stated that prior to the  time of the agent's inspections on 
February 5 and 6, 2003, the daytime strobe lighting operated 
during the daytime but also (incorrectly) operated at night, 
causing complaints from neighboring residences.  As a result 
of  the complaints,  the  daytime strobe  lighting had  been 
disconnected.

                      III.  DISCUSSION

     4.   Section  17.51 requires  that all  red obstruction 
lighting  be   exhibited  from  sunset  to   sunrise  unless 
otherwise  specified  and  all  high  intensity  and  medium 
intensity  obstruction  lighting be  exhibited  continuously 
unless  otherwise  specified.   Media General  owns  antenna 
structure 1058894 and is required to exhibit the appropriate 
obstruction lighting on the structure.  This structure's ASR 
requires white  strobe lighting be exhibited  during daytime 
hours and  red obstruction lighting during  nighttime hours.  
On February 5  and 6, 2003, Media General  failed to exhibit 
high  intensity white  strobe  lighting at  the  top of  the 
antenna  structure during  daytime  hours  and red  flashing 
obstruction  lighting at  the top  and on  the sides  of the 
antenna   structure   during  nighttime   hours.    Although 
construction  work   was  still   being  performed   on  the 
structure, representatives  of Media General  confirmed that 
the  structure itself  was constructed  to its  full height.  
Moreover,  even   if  the  structure  had   not  been  fully 
constructed,   Media  General   was  required   to  maintain 
temporary  obstruction  lighting  at  the very  top  and  at 
intermediate levels  of the  structure during all  phases of 
construction.6   In   addition,  Media  General   failed  to 
immediately notify  the FAA  of the improper  functioning of 
the structure's lighting.7

     5.   Based  on the  evidence before  us, we  find Media 
General willfully8 and repeatedly9 violated Section 17.51 of 
the  Rules by  failing to  exhibit the  required obstruction 
lighting.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,10 the 
base forfeiture  amount for  failure to  exhibit obstruction 
lighting 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.11  Considering  the entire 
record  and applying  the  factors listed  above, this  case 
warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,12 and Sections  0.111, 0.311 and 
1.80 of  the Rules,13  Media General  is hereby  NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of  Section 17.51  of  the  Rules by  failing  to 
exhibit obstruction lighting on antenna structure 1058894.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Media General  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. 20554.14

     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. 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  Media General  Operations, Inc.,  333 
East Franklin Street, Richmond, VA 23219.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         Atlanta Office, Enforcement Bureau


Attachment
_________________________

1 47 C.F.R.  17.51.

2 The ASR specifies antenna structure lighting in accordance 
with FAA circular 70/7460-1J.

3.FAA circular 70/7460-1J specifies that during daytime 
hours the structure display multiple levels of white high 
intensity strobe lights, evenly spaced along the length of 
the structure, with one set of lights at the very top of the 
structure.  There were no white strobe lights illuminated at 
the top of the structure.

4 FAA circular 70/7460-1J specifies that during nighttime 
hours the structure display multiple levels of red 
obstruction lights, evenly spaced along the length of the 
antenna structure, with flashing lights at the very top and 
with lower levels alternating between steady burning and 
flashing lights.  There were no flashing red lights 
illuminated at the very top of the antenna structure.  In 
addition, some of the required lower-level flashing lights 
were not illuminated.

5 Section 17.45 of the Commission's Rules specifies that: 
``[d]uring construction of an antenna structure for which 
red obstruction lighting is required, at least two 116 or 
125 watt lamps (A21/TS) enclosed in aviation red obstruction 
light globes, shall be installed at the uppermost point of 
the structure....  In addition, as the height of the 
structure exceeds each level at which permanent obstruction 
lights are required, two similar lights shall be installed 
at each such level.''  47 C.F.R.  17.45.  In addition, FAA 
circular 70/7460-1J, paragraph 42 (e) states that:  ``As the 
height of the structure exceeds each level at which 
permanent obstruction lights would be recommended, two or 
more lights of the type specified in the determination 
should be installed at that level.''

6 See 47 C.F.R.  17.45.

7 Owners of registered antenna structures with assigned 
lighting must immediately report to the FAA any known 
improper functioning of any top or flashing light.  See 47 
C.F.R.  17.48(a).

8 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).

9 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).

10 47 C.F.R.  1.80(b)(4).

11 47 U.S.C.  503(b)(2)(D).

12 47 U.S.C.  503(b).

13 47 C.F.R.  0.111, 0.311, 1.80.

14 See 47 C.F.R.  1.1914.