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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
WBLT, Inc. ) File Number EB-04-NF-042
Owner of Antenna Structure # ) NAL/Acct. No. 200532640001
1242296 ) FRN 0006362651
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 25, 2005
By the Resident Agent, Norfolk Office, South Central Region,
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find WBLT, Inc. (``WBLT''), owner
of an antenna structure located at or near geographic
coordinates 37º 20' 50.5'' N, 79º 31' 24'' W, Bedford,
Virginia, apparently liable for a forfeiture in the amount
of three thousand dollars ($3,000) for willful and repeated
violation of Section 17.4(a) of the Commission's Rules
(``Rules'').1 Specifically, we find WBLT apparently liable
for failing to register its antenna structure.
2. WBLT acquired the license for AM station WBLT in
Bedford, Virginia on April 12, 2002. In response to
receiving information about WBLT failing to renew its
broadcast station license in a timely manner, an agent from
the Commission's Norfolk Office of the Enforcement Bureau
(``Norfolk Office'') conducted an inspection of the station
on February 27, 2004. During that inspection, the agent
observed that a registration number was not posted on the
antenna structure behind the station's studio, at or near
geographic coordinates 37º 20' 50.5'' N, 79º 31' 24'' W. On
February 27, 2004, the sole officer, director, and owner of
WBLT admitted that WBLT owned the antenna structure. He was
aware of the painting and lighting requirements for the
structure and had repaired the structure's lights in August
2003. He also admitted that he had not registered the
structure since WBLT purchased it.
3. Section 17.4(a) of the Rules states that the owner
of any proposed or existing antenna structure that requires
notice of proposed construction to the FAA must register the
structure with the Commission.2 On February 27, 2004, WBLT
admitted that it had never registered its antenna structure.
On March 1, 2004, WBLT obtained registration number 1242296
for its WBLT tower.
4. Based on the evidence before us, we find WBLT
apparently willfully3 and repeatedly4 violated Section
17.4(a) of the Rules by failing to register its antenna
5. Pursuant to Section 1.80(b)(4) of the Rules,5 the
base forfeiture amount for failing to register an antenna
structure is $3,000. 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 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.6 Considering
the entire record and applying the factors listed above, we
conclude that WBLT is apparently liable for a $3,000
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended,7 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,8 WBLT is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation
of Section 17.4(a) of the Rules by failing to register its
7. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, WBLT SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the Federal
Communications Commission. Payment by check or money order
may be mailed to Forfeiture Collection Section, Finance
Branch, Federal Communications Commission, P.O. Box 73482,
Chicago, IL 60673-7482. Payment by overnight mail may be
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, IL 60661. Payment by wire transfer may
be made to ABA Number 071000013, receiving bank Bank One,
and account number 1165259. The payment should note
NAL/Acct. No. 200532640001, and FRN 6362651. Requests for
payment of the full amount of this NAL under an installment
plan should be sent to: Chief, Revenue and Receivable
Operations Group, 445 12th Street, S.W., Washington, D.C.
9. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, South Central
Region, Norfolk Office; 1457 Mount Pleasant Road, Suite 113;
Chesapeake VA 23322; within thirty days of the release date
of this NAL and MUST INCLUDE THE NAL/Acct. No. referenced
10. 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
11. IT IS FURTHER ORDERED that a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to WBLT at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Husnay
Resident Agent, Norfolk Office
South Central Region
147 C.F.R. § 17.4(a).
247 C.F.R. § 17.4(a).
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 . . . .'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387-88
4The 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).
547 C.F.R. § 1.80(b)(4).
647 U.S.C. § 503(b)(2)(D).
747 U.S.C. § 503(b).
847 C.F.R. §§ 0.111, 0.311, 1.80.
9See 47 C.F.R. § 1.1914.