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


In the Matter of                   )      File Number EB-03-TP-457
                                                             )
WGUL-FM, Inc.                      )     NAL/Acct. No.200432700012
Owner of Antenna Structure         )
Registration Number 1027884 in     )                FRN 0005815832
Lecanto, Florida                   )
Palm Harbor, Florida

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: March 8, 2004  

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we find  WGUL-FM,  Inc.,  (``WGUL''), owner  of 
antenna structure 1027884 in Lecanto, Florida, willfully and 
repeatedly violated  Section 17.51(a)  and Section  17.57 of 
the Commission's  Rules (``Rules'')1  by failing  to exhibit 
red obstruction  lighting on structure #1027884  from sunset 
to sunrise and failing  to immediately notify the Commission 
upon any change in  ownership information.  We conclude that 
WGUL is apparently liable for  a forfeiture in the amount of 
thirteen thousand dollars ($13,000).

                         II.  BACKGROUND

     2.   WGUL  owns antenna  structure #1027884  located in 
Lecanto,   Florida.   The   structure's  Antenna   Structure 
Registration  (``ASR'')  specifies  that  the  structure  be 
painted and lit with red obstruction lighting.

     3.   On  December   1,  2003,   agents  from   the  FCC 
Enforcement  Bureau, Tampa  Office  observed that  structure 
1027884 was  not illuminated  per its assigned  painting and 
lighting  specifications in  that the  top and   level  red 
beacons  were  extinguished   during  nighttime  hours.   On 
December  1,  2003,  an  FCC  agent  contacted  the  Federal 
Aviation Administration (``FAA'') who confirmed that a light 
outage  on  this structure  had  not  been reported  by  the 
structure owner.

     4.   On  December   3,  2003,   agents  from   the  FCC 
Enforcement  Bureau, Tampa  Office  observed that  structure 
1027884 was  not illuminated  per its assigned  painting and 
lighting  specifications in  that the  top and   level  red 
beacons were extinguished during nighttime hours.  

     5.   On  December  11,  2003  an  agent  from  the  FCC 
Enforcement  Bureau  Tampa  Office spoke  with  the  station 
engineer from  WXOF(FM) regarding  the ownership  of antenna 
structure 1027884.2   The station's engineer  confirmed that 
the  owner currently  listed  in the  FCC Antenna  Structure 
Registration  database   was  the  previous  owner   of  the 
structure and that  WGUL-FM Inc. is the  current owner.  The 
engineer stated  that the station reported  the light outage 
to the FAA on December 8,  2003.  As of January 7, 2004, the 
FCC Antenna  Structure Registration  database still  had not 
been updated with current  ownership information.   On March 
3,  2004, the  engineer for  WGUL-FM Inc.  confirmed to  the 
agent that WGUL-FM Inc. owned the structure.

     



                      III.  DISCUSSION

     6.   Section 17.51(a) requires that all red obstruction 
lighting shall  be exhibited  from sunset to  sunrise unless 
otherwise specified.  On December 1, and 3, 2003 WGUL failed 
to  exhibit red  obstruction lighting  on antenna  structure 
1027884 in accordance with its registration requirements. In 
addition, WGUL failed to notify  the FAA of the light outage 
until December 8, 2003. 3

     7.   Section  17.57   requires  that  the   owner  must 
immediately  notify  the  Commission   upon  any  change  in 
structure height  or change in ownership  information.  From 
at  least December  1,  2003  to January  7,  2004, the  FCC 
Antenna Structure  Registration database reflected  Heart of 
Citrus,  Inc.  as the  current  owner  of antenna  structure 
1027884.

     8.   Based  on the  evidence  before us,  we find  WGUL 
willfully4  and repeatedly5  violated Sections  17.51(a) and 
17.57 of  the Rules  by failing to  exhibit tower  lights on 
structure  1027884 and  failing  to  immediately notify  the 
Commission upon any change in ownership information.

     9.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base   forfeiture  amount   for  failure   to  exhibit   red 
obstruction lighting is $10,000. The base amount for failure 
to file  required forms  or information is  $3,000,  Section 
503(b)(2)(D) of  the Communications Act of  1934, as amended 
(``Act''), requires us to take into account ``...the nature, 
circumstances,  extent, and  gravity of  the violation,  and 
with respect to the violator, the degree of culpability, any 
history or  prior offenses, ability  to pay, and  other such 
matters as  justice may  require.''7 Considering  the entire 
record  and applying  the  factors listed  above, this  case 
warrants a $13,000 forfeiture.

                       IV. ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the Rules,9 WGUL-FM, Inc. is hereby NOTIFIED of this 
APPARENT  LIABILITY  FOR  A  FORFEITURE  in  the  amount  of 
thirteen thousand dollars ($13,000) for willful and repeated 
violation of  Sections 17.51(a)  and 17.57  of the  Rules by 
failing to exhibit obstruction lighting on structure 1027884 
and failing  to immediately  notify the Commission  upon any 
change in ownership information.

     11.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules10, within  thirty days of the release date 
of this  Notice of  Apparent Liability, KGUL-FM,  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. 20554.11
 
     13.  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-
Spectrum Enforcement Division, and  MUST INCLUDE THE NAL/and 
FRN referenced in the letterhead 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  Notice of 
Apparent  Liability  shall  be  sent  by  regular  mail  and 
Certified Mail  Return Receipt  Requested to  WGUL-FM, Inc., 
35048 US Highway 19, North, Palm Harbor, FL  34684.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director - Tampa Office
                         Enforcement Bureau
_________________________

1 47 C.F.R.  17.51(a) and 17.57. 

2 Station WXOF(FM) utilizes this antenna structure as part 
of its station.  WGUL-FM Inc. is licensee of station 
WXOF(FM) in addition to owning the antenna structure.

3 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).

4 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).

5 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 47 C.F.R.  1.80

11 See 47 C.F.R.  1.1914.