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


In the Matter of                  )
                                                            )      File Number EB-04-TP-098
GB Enterprises Communications     )
Corp.                             )    NAL/Acct. No. 200532700011
Licensee of WHNR                  )
1505 Dundee Road                  )                FRN 0009590217
Winter Haven, Florida 33884

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  
August 30, 2005

By the District Director,  Tampa Field Office, South Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that GB Enterprises 
Communications Corp (``GB Enterprises''), licensee of radio 
station WHNR-AM, in Cypress Gardens, Florida, apparently 
willfully and repeatedly violated Sections 73.49 and 73.3526 
of the Commission's Rules (``Rules'')1 by failing to enclose 
its antenna structures within effective locked fences and 
failing to maintain a complete public inspection file.  We 
conclude, pursuant to section 503(b) of the Communications 
Act of 1934, as amended (``Act''), that GB Enterprises is 
apparently liable for a forfeiture in the amount of ten 
thousand five hundred dollars ($10,500).

II.  BACKGROUND

     2.   On March 22, 2004, agents from the Commission's 
Tampa, Florida Office of the Enforcement Bureau (``Tampa 
Office'') inspected radio station WHNR-AM at its 
studio/transmitter site located on 1505 Dundee Road, Winter 
Haven, Florida.  The Tampa Office issued a Notice of 
Violation to GB Enterprises for various violations of the 
Rules, including violations of Sections 73.49 and 73.3526, 
for failing to enclose its antenna structures within 
effective locked fences and failing to maintain a complete 
public inspection file.2  GB Enterprises responded to the 
Notice of Violation on November 29, 2004 and claimed to have 
corrected the noted violations.

     3.   On January 13, 2005, agents from the Tampa Office 
inspected radio station WHNR-AM at its studio/transmitter 
site located on 1505 Dundee Road, Winter Haven, Florida.  At 
the time of the inspection, the station's public file was 
missing the manual entitled "The Public and Broadcasting" 
and its radio issues/programs list.  The agents also 
observed an approximately one-foot gap between the gate and 
fence of one of the station's antenna structures and a 
missing gate for another structure's fence. 

III.  DISCUSSION

     4.   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) 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 once or for 
more than one day.4

     5.   Section 73.49 of the Rules requires that antenna 
towers having radio frequency potential at the base (series 
fed, folded unipole, and insulated base antennas) must be 
enclosed within effective locked fences or other 
enclosures.5  Individual tower fences need not be installed 
if the towers are contained within a protective property 
fence.  On March 22, 2004, agents from the Tampa Office 
inspected WHNR's three antenna structure array and found 
that the fences surrounding antenna structures one and two 
were not locked and that those fences had fallen down in 
several places.  In response to the Notice of Violation, GB 
Enterprises stated that it did not know how the fences 
became damaged and that it repaired the fences shortly after 
the inspection.  However, it also stated in its response 
that, following those repairs, its fences were damaged by 
hurricanes and that the additional repairs would be 
completed soon.  On January 13, 2005 agents from the Tampa 
Office again inspected WHNR's three antenna structure array 
and noticed that the fences surrounding antenna structures 
one and two appeared similar to their condition on March 22, 
2004, except that there were locks and chains attached to 
the gates.  The agents also observed that the fence 
surrounding antenna structure three was missing its gate and 
that there was an approximately one-foot gap between the 
gate and the fence surrounding antenna structure two.  
Because the fences surrounding the antenna structures had 
large gaps and/or missing gates, the station's antenna 
structures were not enclosed within effective locked fences.  
Moreover, the agents observed that there was no protective 
property fence surrounding the perimeter of the property.

     6.   Section 73.3526 of the Rules requires AM and FM 
broadcast stations to maintain for public inspection a 
public inspection file containing the material, relating to 
that station, described in  paragraphs (e)(1) through 
(e)(10), (e)(12), (e)(13), and (e)(14) of this section.6  On 
March 22, 2004, agents from the Tampa Office requested to 
inspect the station's public file.  The public file was 
missing the written designation of the chief operator, the 
most recent ownership report, the Political File, the ``The 
Public and Broadcasting'' manual, and the radio 
issues/programs list.  On January 13, 2005, agents from the 
Tampa Office again found that station's public file was 
incomplete.  The file was missing the most recent version of 
``The Public and Broadcasting'' manual and the radio 
issues/programs list.  

     7.   Based on the evidence before us, we find GB 
Enterprises apparently willfully and repeatedly violated 
Sections 73.49 and 73.3526 of the Rules by failing to 
enclose its antenna structures within effective locked 
fences and failing to maintain a complete public inspection 
file.  

     8.   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(b)(4) of the Rules,7 the base 
forfeiture amount for AM tower fencing (failure to enclose 
antenna structures within effective locked fences) is seven 
thousand dollars ($7,000).  Although the base forfeiture 
amount for violation of the public file rules is ten 
thousand dollars ($10,000), because WHNR-AM's public file 
contained a portion of the required items, a downward 
adjustment of the base forfeiture amount for this violation 
to $3,500 is warranted.  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.8  Considering the entire record and applying the 
factors listed above, we conclude that GB Enterprises is 
apparently liable for a forfeiture in the amount of $10,500.

IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,9 and Sections 0.111, 0.311, 0.314 and 1.80 of the 
Commission's Rules,10 GB Enterprises Communications Corp. is 
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE 
in the amount of ten thousand five hundred dollars ($10,500) 
for willfully and repeatedly violating Sections 73.49 and 
73.3526 of the Rules.

     10.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, GB Enterprises Communications Corp. SHALL PAY the 
full amount of the proposed forfeiture or SHALL FILE a 
written statement seeking reduction or cancellation of the 
proposed forfeiture.

     11.  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.

     12.    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. 20554.11

     13.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Tampa Field 
Office, 2203 N. Lois Avenue, Suite 1215, Tampa, Florida 
33607 and MUST INCLUDE THE NAL/Acct. No. referenced 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.  IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to GB Enterprises Communications Corp. at 
its address of record.
   
                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         Tampa Office
                         South Central Region, Enforcement 
Bureau
_________________________

147 C.F.R.  73.49, 73.3526.

2Notice of Violation, NOV No. V20043270006 (Enf. Bur., Tampa 
Office, May 5, 2004).

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.  73.49.

647 C.F.R.  73.3526.

747 C.F.R.  1.80(b)(4).

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

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

1047 C.F.R.  0.111, 0.311, 0.314, 1.80.

11See 47 C.F.R.  1.1914.