Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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

                                )
In the Matter of                )
                                )            File  No.  EB-03-CG-
                         054
WLTH Radio, Inc.                )            
WLTH                            )            NAL/Acct. No. 
200432320001
Gary, Indiana                   )            
                                )            FRN 0004 9887 62

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  December 
               23, 2003

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   Introduction

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that WLTH Radio, Inc. (``WLTH''), has 
apparently violated Sections 17.4(a), 17.48(a), and 17.51(a) of 
the Commission's Rules (the ``Rules'').1  These violations 
occurred because WLTH failed to register its antenna structure, 
failed to notify the Federal Aviation Administration (``FAA'') of 
an antenna structure light outage and failed to exhibit the 
required red obstruction lighting.  We conclude that WLTH is 
apparently liable for a forfeiture in the amount of sixteen 
thousand dollars ($16,000).

                         II.  Background

     2.   The Federal Communications Commission (``FCC'') 
received information that the lights on WLTH's antenna structure 
were not operational.  The complaint alleged that the lights had 
not functioned since February 14, 2003.  While attempting to find 
a current address for WLTH, it became apparent that the antenna 
structure was not registered.  

     3.   On March 5, 2003 an agent from the Chicago Office of 
the Federal Communications Commission (``FCC''), informed an 
employee of WLTH that the Commission had received the complaint.  
On March 6, 2003, the agent also informed the station's engineer 
of the light outages.  The engineer subsequently verified that 
there were problems with the lighting.  WLTH did not notify the 
FAA of the tower light outage until March 12, 2003.

                      III.      Discussion

     4.   Section 17.4(a) of the Rules specifies that the owner 
an antenna structure that had been assigned painting and lighting 
requirements prior to July 1, 1996, was to register the structure 
prior to July 1, 1998.  According to Commission records searched 
on May 5, 2003, WLTH's antenna structure, which had been assigned 
painting and lighting requirements, was not registered.

     5.   Section 17.48(a) of the Rules requires that a report of 
any observed or otherwise known extinguishment or improper 
functioning top steady burning light or flashing obstruction 
light, not corrected within 30 minutes shall be made immediately 
by telephone or telegraph to the nearest Flight Service Station 
or office of the FAA.  An FCC agent initially informed WLTH of 
the tower light outage on March 5, 2003, and then again on March 
6 and March 12, 2003.  WLTH did not notify the FAA of the outage 
until March 12, 2003.

     6.   Section 17.51(a) of the Rules requires red obstruction 
lighting be exhibited from sunset to sunrise.  WLTH failed to 
exhibit the required lights on its antenna structure from 
February 14, 2003 to March 12, 2003.

     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 or 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 Act6 and the 
Commission's forfeiture guidelines in Section 1.80(b)(4) of the 
Rules.7

     8.   Based on the evidence before us, we find that WLTH 
willfully and repeatedly violated Sections 17.4(a), 17.48(a) and 
17.51(a) of the Rules by failing to register the antenna 
structure, failing to notify the FAA immediately of the antenna 
structure light outage, and failing to exhibit required 
obstruction lighting on its antenna structure between sunset and 
sunrise.

     9.   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 lighting is $10,000, and the base amount for 
failing to file required information is $3,000.  Failing to 
register an antenna structure and failing to notify the FAA of an 
outage constitute failures to file required information.  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.8  After applying the 
Forfeiture Policy Statement and the statutory factors to the 
instant case, we believe that a sixteen thousand dollar ($16,000) 
monetary forfeiture is warranted.

                      IV.  Ordering Clauses

     10.  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,9 WLTH Radio, Inc. is hereby NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of sixteen thousand 
dollars ($16,000) for failure to register the antenna structure, 
failure to notify the FAA of a tower light outage, and failure to 
exhibit red obstruction lighting in violation of Sections 
17.4(a), 17.48(a), and 17.51(a).

     11.  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, WLTH Radio, 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. 200432320001 and FRN 0004 9887 62.

     13.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Spectrum 
Enforcement Division, 445 12th Street, S.W., Washington, D.C. 
20402, and MUST INCLUDE THE NAL/Acct. No. 200432320001 and FRN 
0004 9887 62. 

     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.  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. 20554.10

     16.  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.

     17.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail, Return 
Receipt Requested, to WLTH Radio, Inc., P. O. Box 2300, Gary, 
Indiana  46409.

                              FEDERAL COMMUNICATIONS COMMISSION




                              G. Michael Moffitt
                              District Director
                              Chicago Office


_________________________

1 47 C.F.R.  17.4(a), 17.48(a), and 17.51(a).

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).

7 47 C.F.R.  1.80(b)(4).

8 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

9 47 C.F.R.  0.111, and 0.311.

10 See 47 C.F.R.  1.1914.