Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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

In the Matter of                 )
                                 )
Gerald Parks                     )       File Number: EB-04-DT-391
                                 )
Licensee of AM Station WEKC      )      NAL/Acct. No: 200532360003
Williamsburg, KY                 )
                                 )                FRN 0007 9211 90


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released:  August 
                                                         26, 2005

By the District Director, Detroit Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this  Notice of  Apparent Liability  for  Forfeiture 
 ("NAL"), we find that  Gerald Parks (``Parks''), licensee of  AM 
 Radio Station  WEKC,  has apparently  willfully  and  repeatedly 
 violated Sections 17.4(a), 73.3526(e)(4), and 73.3526(e)(12)  of 
 the   Commission's  Rules   (``the   Rules'').1    These   noted 
 violations  involve Parks's  failure  to  register  the  antenna 
 structure and failure to maintain in the public inspection  file 
 a service contour map  and issues/programs lists.  We  conclude, 
 pursuant  to  Section  503(b)   of  the  Act,2  that  Parks   is 
 apparently  liable for  a  forfeiture  in  the  amount  of  five 
 thousand dollars ($5,000).

II.  BACKGROUND

      2.  On September 17, 2003 and  December 16, 2003, an  agent 
 from the Detroit Office inspected station WEKC.  As a result  of 
 that inspection, the Detroit  Office subsequently issued an  NOV 
 to Parks for (1) monitoring only one EAS source, (2) failing  to 
 have a recent  ownership report in  the public inspection  file, 
 (3) failing to  have a copy of  ``The Public and  Broadcasting'' 
 in the  public  inspection file,  and  (4) failing  to  have  an 
 issues/programs list in the public inspection file.3  

      3.  On July  28, 2004,  an agent  from the  Detroit  Office 
 inspected radio  station WEKC  to follow  up on  the  violations 
 found during  the inspections  in 2003.  During the  inspection, 
 the agent  did  not observe  an Antenna  Structure  Registration 
 (ASR) number posted on the  tower, as required under the  Rules. 
 The agent searched  the Commission's ASR  Database and found  no 
 evidence  that Parks's  tower  is registered.   The  agent  also 
 determined that Parks acquired the tower along with the  station 
 in 2000.   The  agent subsequently  discovered that  the  tower, 
 which measures  290  feet, was  assigned painting  and  lighting 
 requirements by  the Federal  Aviation Administration  (``FAA'') 
 as far back as 1983.   During the July 28, 2004 inspection,  the 
 agent also found that WEKC's public inspection file was  missing 
 the service contour map and issues/programs lists.

      4.  On August 12, 2004, the Detroit Office sent a Letter of 
 Inquiry (``LOI'') to Parks, requesting, inter alia,  information 
 regarding the tower  registration and the issues/program  lists.  
 In its response  to the LOI,  Parks reported  that  it is  still 
 working on  the  antenna structure  registration  and  indicated 
 that ``[t]he  issues/program  list we  do on  the air  as  local 
 announcements so what  I have done is  made copies of these  and 
 placed them in the file....''  Parks further indicated that  the 
 contour map  was  in the  production room  at  the time  of  the 
 inspection and subsequently was placed in the public  inspection 
 file.

      5.  On July 13, 2005, a  Commission agent searched the  ASR 
 database  and  found  no  evidence  that  the  tower  has   been 
 registered with the FCC.   

III.      DISCUSSION

      6.  Section 503(b) of the Act provides that any person  who 
 willfully or repeatedly fails  to comply substantially with  the 
 terms and conditions of any license, or willfully or  repeatedly 
 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) of  the Act has  been interpreted  to 
 mean  simply   that  the   acts  or   omissions  are   committed 
 knowingly.4   The term  ``repeated''  means  the  commission  or 
 omission of such act more than once or for more than one day.5 

      7.  Section 17.4(a) of the Rules provides 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.6  Section 17.4(a)(2) of the Rules  requires 
 owners  of  existing  antenna  structures  that  were   assigned 
 painting  or lighting  requirements  before  July  1,  1996,  to 
 register those antenna structures  with the Commission no  later 
 than July  1, 1998.7    Parks's antenna  structure was  assigned 
 painting and  lighting requirements prior  to July  1, 1996  and 
 therefore the structure should  have been registered by July  1, 
 1998. Although Parks did not own the structure on July 1,  1998, 
 Parks should have  registered the antenna  structure as soon  as 
 the structure was  acquired in 2000.   Although in his  response 
 to the LOI  Parks indicated that he  was working on  registering 
 the  antenna structure,  the  antenna structure  still  was  not 
 registered as of  July 13, 2005.  We  therefore find that  Parks 
 apparently willfully and repeatedly violated Section 17.4(a)  of 
 the Rules.  

      8.  Section  73.3526(e)(4)  of  the  Rules  requires   that 
 stations place  in their public  inspection file a  copy of  any 
 service contour maps  reflecting accurate station  information.8  
 During the July 28,  2004 inspection, Commission agents did  not 
 find a contour map in  the public inspection file.  In  response 
 to the  LOI, Parks did  not dispute the  agents' findings.   The 
 fact that the contour map  allegedly was in the production  room 
 at the  time of the  inspection and subsequently  was placed  in 
 the public inspection file does not change the fact that it  was 
 missing at the time of  the inspection.  We therefore find  that 
 Parks  apparently  willfully  and  repeatedly  violated  Section 
 73.3526(e)(4) of the Rules.

      9.  Section  73.3526(e)(12)  of  the  Rules  requires  that 
 stations place  in  their public  inspection files  every  three 
 months a list of programs that have provided the station's  most 
 significant treatment of  community issues during the  preceding 
 three month period.9   Parks was issued an  NOV on December  20, 
 2003  for failure  to  have  the issues/programs  lists  in  the 
 public file.  The issues/program  lists still  were not  in  the 
 public inspection file  when the station  was inspected on  July 
 28, 2004.   Although Parks stated  in response to  the LOI  that 
 the issues/programs lists were  placed in the public  inspection 
 file after  the station was  inspected on July  28, 2004,  Parks 
 did not deny  that the issues/programs  lists were missing  from 
 WEKC's public  inspection file on  the date  of the  inspection.  
 We  therefore   find  that   Parks  apparently   willfully   and 
 repeatedly failed to  maintain the issues/programs  list in  the 
 public  file, as  required  by  Section  73.3526(e)(12)  of  the 
 Rules.

      10.                       In  The  Commission's  Forfeiture 
 Policy Statement and Amendment of  Section 1.80 of the Rules  to 
 Incorporate  the  Forfeiture   Guidelines  ("Forfeiture   Policy 
 Statement"),10  and  Section  1.80  of  the  Rules,11  the  base 
 forfeiture amount is set at three thousand dollars ($3,000)  for 
 failure to file required forms or information and is set at  ten 
 thousand dollars ($10,000) for failure to maintain items in  the 
 public inspection  file. 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.12   Because  WEKC's   public 
 inspection file was partially complete, we conclude a  reduction 
 from  the base  forfeiture  amount to  $2,000  is  appropriate.  
 Applying the Forfeiture Policy Statement, Section 1.80, and  the 
 statutory factors to  the instant case,  we conclude that  Parks 
 is apparently liable for a $5,000 forfeiture.


IV.  ORDERING CLAUSES

      11.      Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
 Sections 4(i),  4(j), and 503(b)  of the  Communications Act  of 
 1934, as  amended, and  Sections 0.111,  0.311 and  1.80 of  the 
 Commission's Rules,13 Parks is hereby NOTIFIED of this  APPARENT 
 LIABILITY  FOR A  FORFEITURE  in  the amount  of  five  thousand 
 dollars ($5,000) for willful and repeated violation of  Sections 
 17.4(a), 73.3526(e)(4), and 73.3526(e)(12) of the Rules.

      12.                       IT  IS   FURTHER  ORDERED   that, 
 pursuant  to Section  1.80  of the  Commission's  Rules,  within 
 thirty (30) days of the release date of this Notice of  Apparent 
 Liability for  Forfeiture, Parks SHALL  PAY the  full amount  of 
 the  proposed forfeiture  or  SHALL  FILE  a  written  statement 
 seeking reduction or cancellation of the proposed forfeiture.

      13.                       IT   IS   FURTHER   ORDER   that, 
 pursuant to  Sections 308(b) and  403 of the  Act, Gerald  Parks 
 shall  submit a  written  report  regarding the  status  of  its 
 antenna structure registration.

      14.      Payment of the forfeiture must be made by check or 
 similar  instrument,  payable  to  the  order  of  the   Federal 
 Communications  Commission.  The   payment  must  include   the 
 NAL/Acct. No. and  FRN No. referenced  above. Payment  bycheck 
 or  money  order  may   be  mailed  to  Federal   Communications 
 Commission,   P.O.   Box358340,Pittsburgh,   PA   15251-8340. 
 Payment   by    overnight   mail   may    be   sent    toMellon 
 Bank/LB358340,500 Ross Street,  Room 1540670, Pittsburgh,  PA 
 15251.  Payment  by   wire  transfer  may   be  made  to   ABA 
 Number043000261,  receiving  bankMellon   Bank,  and   account 
 number911-6106.

      15.      The response, if any, and the report requested  in 
 paragraph 13 regarding the antenna structure registration,  must 
 be  mailed to  Federal  Communications  Commission,  Enforcement 
 Bureau,  Northeast  Region,   Detroit  Office,  24897   Hathaway 
 Street, Farmington  Hills,  MI 48335,  within thirty  (30)  days 
 from the release date of  this Notice of Apparent Liability  for 
 Forfeiture and must include the NAL/Acct. No. referenced in  the 
 caption.  

      16.      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.  

      17.      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. 20554.14

      18.      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  Gerald 
 Parks at his address of record.

                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director 
                              Detroit Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  17.4(a), 73.3526(e)(4), 73.3526(e)(12).
247 U.S.C.  503(b).  
3See Gerald  Parks, Notice  of  Violation, NOV  No.  V20043236005 
(rel. December 20, 2003).
 
4Section 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).
5Section 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.'' 
647 C.F.R.  17.4(a).
747 C.F.R.  17.4(a)(2).
847 C.F.R.  73.3526(e)(4),
947 C.F.R.  73.3526(e)(12), 
1012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

1147 C.F.R.  1.80.
1247 U.S.C.  503(b)(2)(D).
1347 U.S.C.   4(i), 4(j),  503(b); 47 C.F.R.   0.111,  0.311, 
1.80.
1447 C.F.R.  1.1914.