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

In the Matter of                  )
                                  )
Ackerley Media Group, Inc.        )      File Number:  EB-03-AN-040
                                  )
Registrant of Antenna Structure   )      NAL/Acct. No. 200432780001
Fairbanks, Alaska                 )                  FRN 0001587039
ASR #1040111                      )



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June 
                                                    29, 2004

By  the Anchorage  Resident  Agent  Office, Western  Region, 
Enforcement Bureau:


I.  INTRODUCTION


     1.   In this Notice of Apparent Liability for 
Forfeiture ("NAL"), we find that Ackerley Media Group, Inc. 
("Ackerley"), owner of antenna structure #1040111, in 
Fairbanks, Alaska, apparently willfully and repeatedly 
violated Section 17.57 of the Commission's Rules ("Rules")1 
by failing to immediately notify the Commission of a change 
in ownership of an antenna structure.  We conclude, pursuant 
to Section 503(b) of the Communications Act of 1934, as 
amended ("Act"),2 that Ackerley is apparently liable for a 
forfeiture in the amount of three thousand dollars ($3,000).


II.  BACKGROUND


     2.   On May 21, 2003, agents from the Anchorage 
Resident Agent Office inspected the main studio of 
television broadcast station KTVF, located in Fairbanks, 
Alaska.  Ackerley is the licensee of television station 
KTVF.  According to Commission records, Ackerly was assigned 
the license for KTVF from Northern Television, Inc. 
(``Northern'') on June 23, 1999.  During the inspection, 
Ackerley produced an Antenna Structure Registration 
(``ASR''), which showed Northern as the owner of antenna 
structure #1040111, an antenna structure associated with 
KTVF. Ackerley confirmed to the agents that it had acquired 
ownership of antenna structure #1040111. The agents advised 
KTVF's General Manager of the requirement to change the 
ownership information for antenna structure #1040111.

     3.   On May 22, 2003, agents from the Anchorage Office 
inspected antenna structure #1040111, located on the rooftop 
of the Northward Building, at the corner of 3rd and Lacey 
Streets in Fairbanks, Alaska. The agents found ASR #1040111 
posted at the site. At the time of inspection, Commission 
records indicated Northern as the owner of the antenna 
structure.  On June 3, 2003, and August 18, 2003, a search 
of the Commission's ASR database by an Anchorage agent 
indicated that Northern was the owner of antenna structure 
#1040111.  On April 7, 2004, another search of the 
Commission's ASR database by an Anchorage agent indicated 
that Northern was the owner of antenna structure #1040111.


III.  DISCUSSION


     4.   Section 503(b) of the Act provides that any person 
who willfully fails to comply substantially with the terms 
and conditions of any license, or willfully fails to comply 
with any of the provisions of the Act or of any rule, 
regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term 
"willful" as used in Section 503(b) has been interpreted to 
mean simply that the acts or omissions are committed 
knowingly.3  The term ``repeated'' means the commission or 
omission of such act more than one or for more than one 
day.4 

     5.   Section 17.57 of the Rules requires the owner of 
an antenna structure to immediately notify the Commission, 
using FCC Form 854, upon any change in structure height or 
change in ownership information.5 Ackerley is the owner of 
antenna structure #1040111, located in Fairbanks, Alaska.  
Agents from the Anchorage Resident Agent Office advised 
Ackerley on May 21, 2003 of the requirement to submit to the 
Commission information for ASR #1040111 to reflect Ackerly's 
ownership.  Additional searches of Commission's ASR records 
by an Anchorage agent on June 3 2003, and August 18, 2003, 
revealed the owner of antenna structure #1040111 as 
Northern.  Another search of the ASR records on April 7, 
2004, continued to indicate that Northern was the current 
owner of the antenna structure.
 
     6.   Ackerly was given notice by the Anchorage agents 
on May 21, 2003 that it was required to change the ownership 
information filed with the Commission concerning antenna 
structure #1040111.  Ackerly has failed to change this 
information, therefore it appears that its violation of 
Section 17.57 is willful.  Further, it appears that this 
violation has occurred on more than one day, thus, it is 
repeated.  Based on the evidence before us, we find that 
Ackerley willfully and repeatedly violated Section 17.57 of 
the Rules by failing to immediately notify the Commission of 
a change in ownership information for antenna structure 
#1040111.

     7.   Pursuant to The Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
Statement"), and Section 1.80 of the Rules, the base 
forfeiture amount for failure to file required forms or 
information with the Commission is $3000.6  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 Act, which include the nature, circumstances, extent, 
and gravity of the violations, and with respect to the 
violator, the degree of culpability, and history of prior 
offenses, ability to pay, and other such matters as justice 
may require.7  Applying the Forfeiture Policy Statement and 
the statutory factors, we conclude that a $3,000 forfeiture 
is warranted.  


IV.  ORDERING CLAUSES


     8.   Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules, Ackerley Media Group, Inc. is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of three thousand dollars ($3,000) for violations of 
Section l7.57 of the Rules.8

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Commission's Rules within thirty days of the 
release date of this Notice of Apparent Liability for 
Forfeiture, Ackerly Media Group, Inc. 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 must include the FCC Registration Number (FRN) 
and the NAL/Acct. No. referenced in the caption.

     11.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western 
Region, Anchorage Resident Agent Office, P.O. Box 221849, 
Anchorage, AK, 99522-1849 and must include the NAL/Acct. No. 
referenced in the caption.  

     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.  Requests for payment of the full amount of this 
Notice of Apparent Liability for Forfeiture under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.9

     14.  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, Enforcement Bureau, Federal 
Communications Commission, 445 12th Street S.W., Washington, 
D.C. 20554.  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.

     15.  IT IS FURTHER ORDERED THAT a copy of this Notice 
of Apparent Liability for Forfeiture shall be sent by 
Certified Mail, Return Receipt Requested, and regular mail, 
to Ackerley Media Group, Inc., 2625 South Memorial Drive, 
Suite B, Tulsa Oklahoma 74129. 




          
                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Marlene Windel
                              Resident Agent,
                              Anchorage    Resident    Agent 
Office, Western Region
                              Enforcement Bureau




Enclosure:  FCC List of Small Entities
_________________________

147 C.F.R.  17.57.

247 U.S.C.  503(b).  

3Section 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 or any rule or 
regulation of the Commission authorized by this Act...."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 
(1991).

4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
also applies to violations for which forfeitures are 
assessed under 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.'' 

547 C.F.R.  17.57.

612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999); 47 C.F.R. 1.80.

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

847 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 17.57.

9See 47 C.F.R.  1.1914.