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


In the Matter of                   )      File Number EB-03-AT-197
                                     )
Brown Broadcasting System, Inc.    )     NAL/Acct. No.200432480001
 Owner of Antenna Structure        )
located in                         )              FRN 0009 7708 84
Jefferson, Georgia                 )
Athens, Georgia

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released:  December 8, 2003
By the Enforcement Bureau, Atlanta Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Brown Broadcasting Systems, Inc. (``Brown 
Broadcasting''), owner of  an unregistered antenna structure 
located  in  Jefferson,  Georgia, apparently  liable  for  a 
forfeiture in the amount  of three thousand dollars ($3,000) 
for the willful and repeated violation of Section 17.4(a) of 
the Commission's Rules  (``Rules'').1  Specifically, we find 
Brown Broadcasting apparently liable for failure to register 
its antenna structure with the Commission

                       II.  BACKGROUND


     2.   On October 19, 1999, an agent from the FCC 
Enforcement Bureau's Atlanta Office (``Atlanta Office'') 
inspected the tower of AM radio station WBKZ licensed to 
Jefferson, Georgia.2  There was no antenna structure 
registration number posted near the base of the tower.  The 
agent found no record of antenna structure registration in 
the FCC Antenna Structure Registration (``ASR'') tower 
database.

     3.   On October 21, 1999, the Atlanta Office issued a 
Notice of Violation (``NOV'') for failure to register the 
antenna structure with the Commission as well as for other 
violations noted during the inspection.  

     4.  On June 1, 2000, agents from the Atlanta Office 
inspected the tower of  AM Radio station WBKZ in Jefferson, 
Georgia.  The agents found no antenna structure registration 
number posted at the base of the tower.  Also, the agents 
conducted a search of the ASR tower database and found no 
record of any antenna structure registration number for the 
tower.

     5.  On June 6, 2000, the Atlanta Office issued a NOV 
for failure to register the antenna structure
with the Commission as well as for other violations noted 
during an inspection that was conducted on    June 1, 2000.

     6.   On  October 22,  2003, an  agent with  the Atlanta 
Office  inspected  the  tower  of  AM  radio  station  WBKZ, 
Jefferson, Georgia.  There was no registration number posted 
near  the  base of  the  tower.  The FCC  antenna  structure 
registration database  showed no record of  registration for 
the tower  and the  General Manager, Melvin  Geter, verified 
the tower was not registered. 

                      III.  DISCUSSION

     7.   Section 17.4(a)  of  the Rules  provides that  the 
owner  of  an  antenna  structure that  requires  notice  of 
proposed construction to the Federal Aviation Administration 
(``FAA'') must  register the structure with  the Commission.  
Brown Broadcasting's antenna structure required notification 
to  the  FAA because  the  structure  exceeded 200  feet  in 
height. Brown  Broadcasting failed  to register  the antenna 
structure.  The failure  to register  the antenna  structure 
constitutes a  willful and repeated violation  because Brown 
Broadcasting has  been issued two violation  notices for the 
same violation, yet still failed  for the past four years to 
register the tower.

     8.   Based on  the evidence  before us,  we find  Brown 
Broadcasting   System,  Inc.   willfully3  and   repeatedly4 
violated Section 17.4(a) of the Rules by failing to register 
its antenna structure with the Commission.

     9.  Pursuant  to Section  1.80(b)(4)5of the  Rules, the 
base forfeiture  amount for failure to  register the antenna 
structure (failure to file required forms or information) is 
$3000.  In assessing the monetary forfeiture amount, we must 
also take  into account the  statutory factors set  forth in 
Section 503(b)(2)(D)6 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.  Considering the  entire  record  and 
applying  the factors  listed  above, this  case warrants  a 
$3,000 forfeiture.


                    IV.  ORDERING CLAUSES

     10.   Accordingly,  IT  IS ORDERED  THAT,  pursuant  to 
Section 503(b)  of the  Act7 and  Sections 0.111,  0.311 and 
1.80  of  the  Rules8Brown  Broadcasting,  Inc.,  is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount of  three thousand  dollars ($3,000) for  willful and  
repeated  violation  of  Section  17.4(a) of  the  Rules  by 
failing  to  register  their   antenna  structure  with  the 
Commission. 

     11.  IT  IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Brown Broadcasting System, Inc. SHALL PAY the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 
forfeiture.

     12. 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. 20554.9

     13. 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-Spectrum  Enforcement Division  and MUST  INCLUDE THE 
NAL/Acct. No. referenced above.  

     14.  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.
  
     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  Spectrum 
Enforcement  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 NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to Brown Broadcasting  System, Inc., 1186 W. Broad 
Street; Athens, Georgia 30606.  Additionally, a copy of this 
NAL shall be sent by  regular mail and Certified Mail Return 
Receipt Requested  to Brown Broadcasting System,  Inc., P.O. 
Box 88; Athens, Georgia 30603. 

                         FEDERAL COMMUNICATIONS COMMISSION


                         Fred L. Broce
                         District Director, Atlanta Office
                         Enforcement Bureau

Attachment
_________________________

1 47 C.F.R.  17.4(a).

2 Brown Broadcasting is licensee of radio station WBKZ and 
owns the antenna structure utilized by the station.

3Section 312(f)(1) of the Communications Act of 1934, as 
amended (``Act''), 47 U.S.C. 312(f)(1), which applies 
equally

o Section 503(b) of the Act, provides that the 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

rovision of this Act...''Southern Broadcasting Co., 6 FCC 
Rcd 4387(1991).

4The 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.''

547 U.S.C.  1.80(b)(4).



647 U.S.C.  503(b)(2)(D). 

7 47 U. S.C.   503(b).

8 47 U.S. C.   0.111, 0.311 and 1.80

9 47 C.F.R.  1.1914.