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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
CC Licenses, LLC
) File No.: EB-07-BF-054
Licensee of AM Station
WSYR ) NAL/Acct. No.: 200832280001
Syracuse, New York ) FRN: 0001566918
Facility ID No. 48720 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 12, 2007
By the Resident Agent, Buffalo Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that CC Licenses, LLC ("CC Licenses"), licensee of AM radio station
WSYR in Syracuse, New York, apparently willfully and repeatedly
violated Section 73.49 of the Commission's Rules ("Rules") by failing
to enclose the WSYR antenna towers within effective locked fences or
other enclosures. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that CC Licenses is
apparently liable for a forfeiture in the amount of seven thousand
2. On September 17, 2007, the Buffalo Office received a complaint
alleging that the three-towers used in the operation of station WSYR
were not enclosed within effective locked fences. In support of the
allegation, the complainant submitted photographs from August 2006 and
August 2007. The photographs from August 2006 showed the towers during
a period of construction with the structures surrounded by plastic
construction netting. The photographs from August 2007 showed that,
while construction no longer was taking place, the plastic
construction netting remained.
3. On September 18, 2007, an agent from the Enforcement Bureau's Buffalo
Office conducted an inspection of the three antenna towers used by CC
licenses to broadcast AM station WSYR. The agent found that the
towers were surrounded by plastic construction netting and that large
portions of the netting were missing. The agent also observed that
there were many places where the height of the netting was so low that
someone could gain access to the towers by climbing over the netting.
The agent further noted that there was no perimeter fence surrounding
the property where the antenna structures were located. The antenna
site, located in Syracuse, New York, is surrounded by a residential
4. On September 18, 2007, the agent reported to WSYR's chief operator
the lack of effectively locked enclosures surrounding the bases of
the WSYR towers. The Chief Operator acknowledged the condition of
the fences. The Chief Operator stated the station would take immediate
steps to correct the problem.
5. On September 21, 2007, WSYR's Chief Operator submitted photographs to
the agent showing that adequate fencing had been installed surrounding
the towers' bases.
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 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 WSYR AM antenna towers are 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 agent's
inspection on September 18, 2007, revealed no locked fences or
effective barrier surrounding WSYR's three towers. WSYR's chief
operator 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 CC Licenses apparently willfully and repeatedly
violated Section 73.49 of the Rules by failing to enclose the WSYR
antenna towers within effective locked fences or other enclosures.
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 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 CC Licenses is
apparently liable for a seven thousand dollar ($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 and
1.80 of the Commission's Rules, CC Licenses, LLC 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.
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, CC Licenses, LLC SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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, Pittsburg, 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, Northeast Region, Buffalo Office, 6400
Sheridan Drive, Suite 140, Williamsville, New York 14221 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 CC Licenses, LLC at its address of
FEDERAL COMMUNICATIONS COMMISSION
David A. Viglione
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.
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.
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Federal Communications Commission
Federal Communications Commission