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

In the Matter of                        )
                              )
T & W Communications Corporation        )    File Number EB-
00-OR-145
P.O. Box 1078                      )
Columbus, Mississippi 39703             )    NAL/Acct. No. 
200132620001


                      FORFEITURE ORDER

Adopted: March 20, 2001                      Released: March 
22, 2001

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary  forfeiture  in the  amount  of  six thousand  five 
hundred  dollars  ($6,500)  against  T  &  W  Communications 
Corporation  (``T &  W Communications''),  licensee of  WACR 
(AM),1   Columbus,  Mississippi,   for  willfully  violating 
Sections  17.4(a)(2) and  73.49  of  the Commission's  Rules 
(``Rules'').2    The  noted   violations  involve   T  &   W 
Communications's failure  to register its  antenna structure 
and  to  enclose its  antenna  structure  with an  effective 
locked fence. 
  
     2.   On November 9, 2000,  the District Director of the 
Enforcement Bureau's  New Orleans Office issued  a Notice of 
Apparent Liability (``NAL'') for Forfeiture in the amount of 
six  thousand  five  hundred   dollars  ($6,500).3   T  &  W 
Communications filed a response on December 11, 2000.

                       II.  BACKGROUND

     3.   On August 23, 2000, an  agent from the New Orleans 
Office inspected  WACR. The agent found  that WACR's antenna 
structure, which had radio  frequency potential at its base, 
was enclosed by a fence that was not locked.  The agent also 
observed  that  WACR's antenna  structure  did  not have  an 
antenna structure registration (``ASR'') number displayed at 
its  base.   The  agent  subsequently  learned  that  WACR's 
antenna structure was not registered.

                      III.  DISCUSSION

     4.   T  &   W  Communications  does  not   contest  the 
violations,  and  claims to  have  corrected  them.  T  &  W 
Communications submits U.S. Tax Returns for 1997-1999, along 
with an Income Statement  and Balance Sheet, current through 
September  of 2000,  and asks  that we  cancel the  proposed 
forfeiture because  of its alleged inability  to pay.  After 
reviewing T & W Communications's financial documentation, we 
find that the $6,500 proposed forfeiture is reasonable given 
its  gross receipts  or sales  of $510,816  (1997), $406,814 
(1998), $511,304 (1999), and  $370,928 (through September of 
2000).4  
      
                    IV.  ORDERING CLAUSES

     5.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of the Act,  as amended,5 and Sections 0.111, 
0.311, and 1.80(f)(4) of the Rules,6 T & W Communications IS 
LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for 
violating  Sections  17.4(a)(2)  and   73.49  of  the  Rules 
requiring  it  to  register  its antenna  structure  and  to 
enclose  that antenna  structure  with  an effective  locked 
fence.7
  
     6.   Payment  of the  forfeiture shall  be made  in the 
manner provided for in Section 1.80 of the Rules,8 within 30 
days of the release of this Order.  If the forfeiture is not 
paid within the  period specified, the case  may be referred 
to  the Department  of  Justice for  collection pursuant  to 
Section 504(a) of the Act.9   Payment may be made by mailing 
a check or  similar instrument, payable to the  order of the 
``Federal  Communications   Commission,''  to   the  Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.   The  payment  should note  the  NAL/Acct.  No. 
200132620001  referenced above.   Requests for  full payment 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.10

     7.   IT IS  FURTHER ORDERED  that copies of  this Order 
shall be sent by Certified  Mail Return Receipt Requested to 
Danny Byrd, T & W Communications Corporation, P.O. Box 1078, 
Columbus, Mississippi 39703. 

 

                         FEDERAL COMMUNICATIONS COMMISSION
     
                    

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 All our references to WACR in this Order are to WACR 
(AM) and not co-located WACR-FM.

     2 47 C.F.R.   17.4(a)(2), 73.49.

     3   Notice  of   Apparent  Liability   for  Forfeiture, 
NAL/Acct. No. 200132620001 (Enf. Bur., rel. Nov. 9, 2000).

     4 See PJB Communications, 7 FCC Rcd 2088 (1992).
      
     5 47 U.S.C.  503(b).

     6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
 
     7 47 C.F.R.  17.4(a)(2), 73.49.

     8 47 C.F.R.  1.80.

     9 47 U.S.C.  504(a).

     10 See 47 C.F.R.  1.1914.