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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                               
                                                                   
     In the Matter of              )                               
                                                                   
     AMFM Radio Licenses, L.L.C.   )   File Number EB-05-PA-043    
                                                                   
     Licensee of Station WBGG      )   NAL/Acct. No. 200632400002  
                                                                   
     Pittsburgh, Pennsylvania      )   FRN 0001-65-6503            
                                                                   
     Facility ID # 59960           )                               
                                                                   
                                   )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 17, 2006

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that AMFM Radio Licenses, L.L.C. ("AMFM Radio"), licensee of AM
       station WBGG, in Pittsburgh, Pennsylvania, apparently willfully and
       repeatedly violated Section 73.49 of the Commission's Rules ("Rules")
       by failing to enclose three of WBGG's antenna structures within
       effective locked fences. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that AMFM Radio is
       apparently liable for a forfeiture in the amount of seven thousand
       dollars ($7,000).

   II. BACKGROUND

    2. On March 24, 2005, agents from the FCC's Philadelphia Office conducted
       an inspection of WBGG's directional antenna array, which consists of
       eight series-fed antenna structures. An agent previously had inspected
       the site on January 11, 2003. During the January 13, 2003 inspection,
       the agent observed that the gates for ASR 1034051 and ASR 1034047 had
       inadequate gate latches, which allowed the gates to be easily opened.
       The gate to ASR 1034049 was inadequately secured with a wire and the
       gate to ASR 1034046 was inadequately secured with a rubber bungee
       strap. The gate to ASR 1034045 was completely open. The agent
       contacted representatives from AMFM Radio regarding the condition of
       the fences and was informed that a complete overhaul of the fences
       surrounding the antenna structures was planned for the spring.

    3. When conducting the inspection on March 24, 2005, agents drove their
       vehicle down a dirt road and encountered a gate and perimeter fence
       that prevented vehicular access to the property. The agents were able
       to access the property on foot, however, because the perimeter fence
       ended approximately 100 feet from the road. The agents found that
       three of the eight antenna structures were not enclosed within
       effective locked fences. The latch on the gate to antenna structure
       1034052 was not aligned properly with the fence pole and, as a result,
       could not be securely locked. The agents also observed that the gates
       to antenna structures 1034050 and 1034051 were unlocked.

    4. On March 25, 2005, the agents contacted AMFM Radio by telephone to
       inform them about the condition of the fences. On May 13, 2005, the
       Philadelphia Office issued a Letter of Inquiry to AMFM Radio
       requesting additional information about the fences surrounding antenna
       structures 1034050, 1034051 and 1034052.

    5. In a letter dated June 2, 2005, AMFM Radio responded to the Letter of
       Inquiry. AMFM Radio states that it first became aware of the condition
       of the gates when contacted by an FCC agent on March 25, 2005. AMFM
       Radio states that it immediately went to the WBGG antenna site and
       locked the gates surrounding antenna structures 1034050, 1034051, and
       1034052. AMFM Radio also claims that the antenna structures are
       isolated from the public by an expansive 72-acre wooded area and that
       a gated perimeter fence surrounds the area, with signs indicating "RF
       Hazard" and "No Trespassing." In addition, AMFM reports that, long
       before the FCC inspection, a policy was in place that required station
       engineers to inspect the property on a weekly basis. According to AMFM
       Radio, a station engineer had in fact inspected the antenna structures
       on March 19, 2005, just days before the inspection by the FCC agents.
       With regard to antenna structure 1034052, AMFM Radio believes the
       ground began to thaw during the week of March 20, which resulted in
       the loosening of the fence poles.

   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) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    7. Section 73.49 of the Rules provides 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. The rule further provides that individual
       tower fences need not be installed if the towers are contained within
       a protective property fence. The WBGG antenna structures are series
       fed and therefore are subject to the requirements of Section 73.49 of
       the Rules. Although AMFM Radio states in its response to the Letter of
       Inquiry that "a gated perimeter fence surrounds this area," the agents
       found that the fence prohibiting vehicular access to the site ends
       approximately 100 feet from the road. Accordingly, each WBGG antenna
       structure must be enclosed within an individual fence. In 2003, AMFM
       was notified of the need to enclose its antenna structures within
       effective locked fences. On March 24, 2005, FCC agents found that the
       gates to three of the antenna structures in WBGG's directional antenna
       array were not locked. Based on the evidence before us, we find that
       AMFM Radio apparently willfully and repeatedly violated Section 73.49
       of the Rules by failing to enclose antenna structures 1034050,
       1034051, and 1034052 within effective locked fences.

    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 of the Rules, the
       base forfeiture amount for an AM fencing violation is $7,000. 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 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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that AMFM Radio is apparently liable for a ($7,000)
       forfeiture.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, AMFM Radio Licenses, L.L.C.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven thousand dollars ($7,000) for willful and repeated
       violation of Section 73.49 of the Rules.

   10. 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, AMFM Radio Licenses,
       L.L.C. 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 by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeastern Region, Philadelphia
       Office, One Oxford Valley Building, Suite 404, 2300 East Lincoln
       Highway, Langhorne, Pennsylvania 19047 and must include the NAL/Acct.
       No. referenced in the caption.

   13. 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.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations Room 1A625, 445 12th
       Street, S.W., Washington, D.C. 20554.

   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 AMFM Radio Licenses, L.L.C. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   John E. Rahtes

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 73.49.

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

   See Letter from Andrew W. Levin, Executive Vice President and Chief Legal
   Officer, Clear Channel, dated June 2, 2005. Clear Channel states that it
   is the ultimate parent company of AMFM Radio.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.49.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission