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


In the Matter of                   )      File Number EB-03-OR-261
                                     )
Citadel Broadcasting Company       )     NAL/Acct. No.200432620002
Licensee of AM Station KDYS        )
in Lafayette, Louisiana            )                FRN 0001595214
Las Vegas, Nevada                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released:  January 14, 2004 

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Citadel Broadcasting Company 
(``Citadel''), licensee of radio station KDYS(AM), 
Lafayette, Louisiana, apparently liable for a forfeiture in 
the amount of seven thousand dollars ($7,000) for willful 
and repeated violation of Section 73.49 of the Commission's 
Rules (``Rules'').1  Specifically, we find Citadel 
apparently liable for failing to enclose the station's six 
antenna towers within effective locked fences or other 
enclosures.

                       II.  BACKGROUND

2.  On October 9, 2003, agents from the FCC Enforcement 
Bureau's New Orleans Office (``New Orleans Office'') 
inspected AM station KDYS licensed to Lafayette, Louisiana.  
The agents observed that each of the six gates on the fences 
surrounding the six antenna towers, that had radio frequency 
potential at the base, were unlocked.  In addition, the 
property did not have a perimeter fence to prevent 
unauthorized access to the antenna towers.  

3.  On October 21, 2003, the New Orleans Office issued a 
Letter of Inquiry (``LOI'') to Citadel concerning the 
unlocked gates.  

4.  On November 18, 2003, the New Orleans Office received a 
response to the above LOI.  The response stated that during 
the last week of September 2003, the station's chief 
engineer had unlocked the fences surrounding each tower in 
order to have repairs performed on them.  

                      III.  DISCUSSION

     5.  Section 73.49 of the Rules requires that antenna 
towers having radio frequency potential at the base must be 
enclosed within effective locked fences or other enclosures.  
On October 9, 2003, the fences at the base of the six 
antenna towers for station KDYS(AM) were not locked, 
rendering them ineffective in preventing access to the 
antenna towers.  In their reply to the LOI, Citadel 
acknowledges that they were aware of, and responsible for, 
the gates being unlocked since the last week of September, 
2003.  

     6.  Based on the evidence before us, we find Citadel 
willfully2 and repeatedly3 violated Section 73.49 of the 
Rules by failing to enclose the station's antenna towers 
within effective locked fences or other enclosures.  

     7.  Pursuant to Section 1.80(b)(4) of the Rules,4 the 
base forfeiture amount for violations involving AM tower 
fencing is $7,000.  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.5  Considering the entire 
record and applying the factors listed above, this case 
warrants a $7,000 forfeiture.

                    IV.  ORDERING CLAUSES

     8.  Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and 
1.80 of the Rules,7 Citadel Broadcasting Company is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of seven thousand dollars ($7,000) for willful and 
repeated violation of Section 73.49 of the Rules by failing 
to enclose the station's antenna towers within effective 
locked fences or other enclosures.  

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

     10. 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. 20554.8

     11. The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street S.W., Washington, DC 20554, Attn: Enforcement Bureau-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

12. 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.
  
     13. 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.
 
     14. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent by regular mail and Certified Mail Return Receipt 
Requested to Citadel Broadcasting Company, City Center West, 
Suite 400, 7201 W. Lake Mead Blvd., Las Vegas, NV  89128.     


                         FEDERAL COMMUNICATIONS COMMISSION




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

Attachment
_________________________

1 47 C.F.R.  73.49.

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 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).

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

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.