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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-KC-190
Eagle Broadcasting, Inc. ) NAL/Acct. No.200432560003
Owner of Antenna Structures )
located in ) FRN: 0003 7383 90
Miami, Oklahoma )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 20, 2004
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Eagle Broadcasting, Inc.
(``Eagle Broadcasting''), owner of three unregistered
antenna structures located at AM radio station KVIS licensed
to Miami, Oklahoma1, apparently liable for a forfeiture in
the amount of three thousand dollars ($3,000) for the
repeated violation of Section 17.4(a) of the Commission's
Rules (``Rules'').2 Specifically, we find Eagle
Broadcasting apparently liable for failure to register its
antenna structures with the Commission.
2. On December 4, 2003, an agent of the FCC
Enforcement Bureau's Kansas City Office (``Kansas City
Office'') inspected the antenna structures located at 36°
53' 30.6'' North Latitude and 94° 47' 10.6'' West
Longitude, 36° 53' 24.2'' North Latitude and 94° 47' 07.5''
West Longitude and 36° 53' 16.6'' North Latitude and 94° 47'
03.7'' West Longitude, in Miami, Oklahoma. The structures
were painted and lighted and utilized for the transmission
of radio frequency energy. The Commission's Antenna
Structure Registration database showed no record of these
structures having been registered.
3. On December 5, 2003, the agent interviewed the
station manager of Eagle Broadcasting, who verified that
Eagle Broadcasting, Inc. owned the antenna structures since
about 1991. The manager was aware of the requirements that
the towers be registered and believed the previous station
manager had done so. The manager also verified that the
antenna structures were 276 feet in height and being
utilized for the transmission of radio frequency energy as
part of the KVIS operation.
4. Section 17.4(a) of the Rules provides
that, effective July 1, 1996, owners of any existing
antenna structures that require notification to the Federal
Aviation Administration (``FAA'') must register the
structure with the Commission. Section 17.4(a)(2) of the
Rules provides that, effective July 1, 1998, owners of an
antenna structure that had been assigned painting or
lighting requirements prior to July 1, 1996, must register
the structure with the Commission. Eagle Broadcasting's
antenna structures required notification to the FAA because
all the structures exceeded 200 feet in height. Therefore,
Eagle Broadcasting's three antenna structures required
5. Based on the evidence before us, we find Eagle
Broadcasting, Inc. repeatedly3 violated Section 17.4(a) of
the Rules by failing to register its three antenna
structures with the Commission since at least January 1,
2003 until at least December 5, 2003.
6. Pursuant to Section 1.80(b)(4)4 of 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)5 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
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act6 and Sections 0.111, 0.311 and
1.80 of the Rules7 Eagle Broadcasting, Inc., is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for repeated
violation of Section 17.4(a) of the Rules by failing to
register its three antenna structures with the Commission.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Eagle Broadcasting, Inc. SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
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. 20554.8
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-Spectrum Enforcement 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
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 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.
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Eagle Broadcasting, Inc., P. O. Box 1555,
Miami, Oklahoma 74355.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, Kansas City
1 Eagle Broadcasting, Inc. is licensee of radio station KVIS
and owns the antenna structure utilized by the station.
2 47 C.F.R. § 17.4(a).
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.''
4 47 U.S.C. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 U.S.C. § 0.111, 0.311 and 1.80
8 47 C.F.R. § 1.1914.