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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
     Ozark Media, Inc.                           File Number: EB-08-KC-0326  
     ) File No. EB-08-KC-0326                    NAL/Acct. No.:              
                                             )   200932560001                
     Owner of Antenna Structure # 1248505                                    
     ) NOV No. V20093256zzz                  )   FRN: 0007515901             
     Clementine, MO                          )                               


                                                   Released: October 31, 2008

   By the District Director, Kansas City  Office, South Central Region,
   Enforcement Bureau:


    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Ozark Media, Inc.  ("OMI"), owner of antenna structure bearing
       registration number 1248505, Clementine, Missouri ("Tower")  
       apparently repeatedly violated Section 17.47(a)  of the Commission's
       Rules ("Rules") by failing to make observations of the antenna
       structure's lights at least once each 24 hours to ensure the proper
       functioning of the structure lights. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that OMI
       is apparently liable for a forfeiture in the amount of two thousand
       dollars ($2,000).


    2. On October 9, 2008, in response to a complaint of a tower light
       outage, an agent from the Commission's Kansas City Office of the
       Enforcement Bureau ("Kansas City Office") determined that the
       structure in question was antenna structure number 1248505, which,
       according to the Antenna Structure Registration database, is owned by
       OMI.  An agent from the Kansas City Office contacted OMI about the
       complaint and a representative from OMI stated that they were unaware
       of the outage. The agent contacted the  Federal Aviation
       Administration ("FAA") through its contractor, Lockheed Martin, to
       determine if a Notice to Airmen ("NOTAM") report had been filed
       concerning the light outage and, when no existing report was found, 
       the agent filed a NOTAM report with the FAA.

    3. In two faxed statements between October 15 and 16, 2008, OMI provided
       information regarding the light outages, its light monitoring
       practices, and information regarding lack of logs and records for the
       Tower. OMI stated that it utilizes remote monitoring to check the
       status of the Tower's lights, but admitted that it had not conducted
       any inspections of that system since it was constructed in September
       2006. OMI stated that its  employee first observed light outages in
       late March 2008, at which time the FAA was notified and a NOTAM was
       filed. A purchase receipt indicates OMI purchased replacement lamps
       for the Tower on April 4, 2008. According to its statements, OMI
       management thought that the lights for the Tower had been fixed in
       early April. From April until October, OMI station operators checked
       the Tower lights using the remote monitoring equipment during the day
       when the lighting was not in operation and logged that the lighting
       was normal based on these daytime observations. However, despite OMI's
       management's belief and the operator logs, previous attempts to
       schedule installation of the replacement bulbs in April 2008 were
       unsuccessful, and the Tower's lights had been dark since late March
       2008. After talking with the agent from the Kansas City Office, OMI
       changed its monitoring practices to check the lighting status when the
       lights were scheduled to be on and found the lighting in an alarm
       condition on October 10 - 16, 2008.   OMI further stated that prior to
       October 9, 2008, they have no documentation to show exactly when light
       outages occurred or when the FAA had been contacted.

    4. On October 17, 2008, OMI notified the Kansas City Office that the
       Tower's lighting had been repaired and that the FAA had been notified.


    5. Section 503(b) of the Act provides that any person who 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 "repeated" means the commission or omission of such act more
       than once or for more than one day. 

    6. Section 17.47(a) of the Rules states that the owner of any antenna
       structure which is registered with the Commission and has been
       assigned lighting specifications ... shall make an observation of the
       antenna structure's lights at least once each 24 hours either visually
       or by observing an automatic properly maintained indicator designed to
       register any failure of such lights, to insure that all such lights
       are functioning properly as required; or alternatively, shall provide
       and properly maintain an automatic alarm system designed to detect any
       failure of such lights and to provide indication of such failure to
       the owner. The Tower is 152.1 meters above ground in height and is
       required to be painted and lit. An automatic light indicator is
       installed for the Tower. OMI, however, failed to inspect the automatic
       light indicator since it had been installed in 2006.  After OMI's
       management thought that the Tower lights had been repaired sometime in
       April 2008, OMI claims that its personnel observed the Tower light
       indicator once every 24 hours  during daytime hours when the Tower
       lighting was not energized. Accordingly, the light indicator did not
       register a failure in the lighting, and the personnel logged the
       lighting status as normal based on the daytime observations. Despite
       these loggings, lighting on the Tower was inoperable from late March
       2008 until October 17, 2008. OMI does not have any records to support
       exactly when the lighting became inoperable, how that observation was
       made, or when the FAA had been notified.  Once the FCC notified OMI of
       the ongoing outages on October 9, 2008 and the station personnel began
       monitoring at a time when the lighting was energized, the automatic
       maintained light indicator indicated an alarm. Thus, while OMI
       personnel made an observation of the Tower light indicator once every
       24 hours, they failed to do so in a manner designed to insure that all
       such lights were functioning properly as required, because they failed
       to detect the light outage from late March 2008 until October 9, 2008.
       Based on the evidence before us, we find that OMI  apparently
       repeatedly violated Section 17.47(a) of the Rules by failing to
       observe the Tower lighting at least once each 24 hours, at a minimum, 
       between May 1 and October 9, 2008 at a time that would insure the
       proper operation of the antenna structure lighting.

    7. 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 failing to conduct required monitoring is
       $2,000. In assessing the monetary forfeiture amount, we must also take
       into account the statutory factors set forth in Section 503(b)(2)(E)
       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 of the Rules, and the statutory factors
       to the instant case, we conclude that OMI  is apparently liable for a
       $2,000 forfeiture.


    8. 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, Ozark Media, Inc. is hereby
       two thousand dollars ($2,000) for violation of Section 17.47(a)  of
       the Rules.

    9. 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,  Ozark Media, Inc.  SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed

   10. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank Federal Reserve Bank of New York, and
       account number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.8   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: If payment is made, OMI 
       will send electronic notification on the date said payment is made to

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Kansas City
       Office, 520 NE Colbern Rd, 2nd Floor, Lees Summit, MO 64086 and must
       include the NAL/Acct. No. referenced in the caption.

   12. 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.

   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 Ozark Media, Inc.  at its  address of


   Robert C. McKinney

   District Director,

   Kansas City Office

   South Central  Region

   Enforcement Bureau

   47 C.F.R. S: 17.47(a).

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

   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."

   Antenna structures are required to be painted and lighted when they exceed
   60.96 meters in height above ground. See 47 C.F.R. S: 17.21.

   Antenna structure owners are required to inspect at intervals not to
   exceed 3 months all automatic or mechanical control devices, indicators,
   and alarm systems associated with the antenna structure lighting to insure
   that such apparatus is functioning properly. See 47 C.F.R. S: 17.47(b).

   Antenna structure owners are required to maintain a record of any observed
   or otherwise known extinguishment or improper functioning of a structure
   light and include the nature of such extinguishment, date and time the
   extinguishment was observed or otherwise noted, and the date and time of
   FAA notification. See 47 C.F.R. S: 17.49.

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

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.47(a).

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

   (...continued from previous page)


   Federal Communications Commission


   Federal Communications Commission