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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
     In the Matter of                                                
                                    )                                
     Radio Plus, Inc.                                                
                                    )        File No.: EB-07-CG-139  
     Licensees of AM Station                                         
     WFDL                           )   NAL/Acct. No.: 200732320002  
                                                                     
     Waupun, Wisconsin              )               FRN: 0006949911  
                                                                     
     Facility ID No. 42092          )                                
                                                                     
                                    )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released:  July 27, 2007

   By the District Director, Chicago Field Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Radio Plus, Inc., licensee of AM radio station WFDL in Waupun,
       Wisconsin, apparently willfully and repeatedly violated Section 73.49
       of the Commission's Rules ("Rules") by failing to enclose the WFDL
       antenna tower within an effective locked fence or other enclosures. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Radio Plus, Inc. is apparently liable
       for a forfeiture in the amount of seven  thousand dollars ($7,000).

   II. BACKGROUND

    2. On February 6, 2007, an agent from the Enforcement Bureau's Chicago
       Field Office conducted an inspection of the  AM antenna tower used by
       Radio Plus, Inc.  to broadcast AM station WFDL. The WFDL antenna tower
       is series fed and, therefore, required to be fenced. Upon inspection
       of the WFDL  antenna tower, the agent found that the wooden fence
       surrounding the tower was in poor condition. The top of the fence had
       pieces missing and the gate had missing and broken wooden slats that
       left a gap in the gate large enough for a child or adult to enter the
       tower site. In addition, during the inspection, the agent found that
       the fence gate was open and did not have a lock. The antenna site,
       located in Waupun, Wisconsin, is approximately 1300 feet northeast of 
       Waupun Middle School and sports field.   The agent also noted that
       there was no perimeter fence surrounding the property upon which the
       antenna structure was sited to prevent the public from accessing the
       tower. 

    3. On February  6, 2007, the  agent advised the Chief Operator and the
       General Manager of WFDL of the lack of an effectively locked enclosure
       surrounding the base of the WFDL tower.   The Chief Operator and
       General Manager acknowledged the condition of the fence. They provided
       a copy of a proposal, dated September 17, 2006, to replace the tower
       enclosure.

   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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 73.49 of the Rules states 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 WFDL AM antenna tower is series fed.
       In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public."   The Chicago
       agent's inspections on February 6, 2007,  revealed no locked fence or
       effective barrier surrounding the base of the WFDL tower. The chief
       operator of WFDL  acknowledged the lack of effective fencing to the
       agent; therefore, the violation was willful. The violation occurred on
       more than one day, therefore it was repeated. Based on the evidence
       before us, we find that Radio Plus Inc. apparently willfully and
       repeatedly violated Section 73.49 of the Rules by failing to enclose
       the WFDL AM antenna tower within an effective locked fence or other
       enclosure.

    6. 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 amount for failure to maintain an effective AM tower fence is
       seven thousand dollars, $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 Radio Plus Inc.
       is apparently liable for a seven thousand dollar ($7,000) forfeiture.

   IV. ORDERING CLAUSES

    7. 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, Radio Plus Inc. is hereby NOTIFIED of
       this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
       thousand dollars ($7,000) for violation of Section 73.49 of the Rules.

    8. 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, Radio Plus Inc., SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    9. 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, Pittsburg, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Chicago Field
       Office, 1550 North Northwest Highway, Suite 306, Park Ridge, Illinois
       60068 and must include the NAL/Acct. No. referenced in the caption.

   11. 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.

   12. 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.

   13. 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 Radio Plus Inc. at their address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

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

   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."

   47 C.F.R. S: 73.49.

   Review of the Technical an Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P:6 (1986)
   ("Report and Order").

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

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

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission