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


In the Matter of                        )
                              )
C.W.H. Broadcasting, Inc.               )    File No. EB-01-
OR-133
Licensee of WHNY(AM)               )    NAL/Acct. No. 
200232620001
McComb, Mississippi                )    FRN: 0006-3820-48 


                      FORFEITURE ORDER

     Adopted:  March 11, 2002           Released:  March 13, 
2002 

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary  forfeiture in  the amount  of three  thousand five 
hundred  dollars  ($3,500)   to  C.W.H.  Broadcasting,  Inc. 
(``C.W.H. Broadcasting''), licensee of Station WHNY(AM), for 
willfully violating Sections 17.4(a)(2), 17.51(a), and 73.49 
of   the  Commission's   Rules   (``Rules'').1   The   noted 
violations   involve  C.W.H.   Broadcasting's  failures   to 
register  WHNY(AM)'s three  antenna structures;  exhibit red 
obstruction  lighting  on   those  antenna  structures;  and 
enclose one of those  antenna structures within an effective 
locked fence or other enclosure.  

     2.   On October 24, 2001,  the District Director of the 
Commission's New  Orleans, Louisiana  Field Office  issued a 
$20,000   Notice  of   Apparent  Liability   for  Forfeiture 
(``NAL'') to  C.W.H. Broadcasting.2   On November  21, 2001, 
C.W.H. Broadcasting filed a response  to the NAL.  We assess 
a   $3,500  forfeiture   based   on  C.W.H.   Broadcasting's 
demonstrated  inability  to   pay  the  originally  proposed 
amount.
 
                       II.  BACKGROUND

     3.   This NAL  arose from  a complaint  that WHNY(AM)'s 
antenna structures  were not lit.  Following  the complaint, 
an  agent  from  the   New  Orleans  Field  Office  reviewed 
WHNY(AM)'s   license  and   determined   that  its   antenna 
structures  were  subject  to the  painting,  lighting,  and 
registration  requirements of  Part  17 of  the Rules.   The 
agent's search  of the FCC's antenna  structure registration 
database   revealed  that   C.W.H.   Broadcasting  had   not 
registered the antenna structures as required.  On March 16, 
2001,  agents  from the  New  Orleans  Field Office  visited 
WHNY(AM) and  saw that the  gate to the fence  enclosing the 
``south'' antenna structure was  unlocked and standing open.  
Additionally, three days later, on March 19, 2001, after the 
sun had  set, an agent  saw that none of  WHNY(AM)'s antenna 
structures had operating lights.

     4.   On March  20, 2001,  an agent met  with WHNY(AM)'s 
owner   and  discussed   the  violations   at  issue   here.  
Subsequently, on March  29, 2001, the agent  issued a Notice 
of  Violation   (``NOV'')  to  C.W.H.   Broadcasting,  which 
included the  violations noted  in the subject  NAL.  C.W.H. 
Broadcasting responded  on April 24, 2001,  asserting, among 
other things, that it was acting to obtain antenna structure 
registration numbers  and to fix the  light outages.  C.W.H. 
Broadcasting also  stated that it  had purchased a  new lock 
and  had  locked  the  fence around  the  ``south''  antenna 
structure.  In a  Continuation of NOV that  the agent issued 
on April 26,  2001, he asked C.W.H.  Broadcasting to provide 
him  with  copies  of  its  antenna  structure  registration 
applications (and copies of registrations once obtained) and 
to  notify  him when  C.W.H.  Broadcasting  fixed its  light 
outages.   C.W.H.  Broadcasting  did   not  respond  to  the 
Continuation of NOV.  Subsequently, on October 24, 2001, the 
District Director of the New Orleans Field Office issued the 
subject NAL.

                       III. DISCUSSION

     5.   In its  response to  the NAL,  C.W.H. Broadcasting 
does not  contest any  of the violations  cited in  the NAL.  
Instead, C.W.H. Broadcasting asks  us to cancel the proposed 
$20,000 forfeiture based on its purported 50-year history of 
overall compliance with the  Rules and its alleged inability 
to pay  that amount.   To support  the latter  point, C.W.H. 
Broadcasting supplies us with copies  of its U.S. income tax 
returns  for  the  years  1998-2000.   Providing  additional 
context, C.W.H.  Broadcasting tells us that  it assumed that 
its  contract engineer  and  small office  staff would  keep 
WHNY(AM) in compliance with  the Rules, and was disappointed 
to  learn  that  it  had misplaced  its  reliance  in  them.  
According to  C.W.H. Broadcasting,  the death of  a WHNY(AM) 
general  manager   in  July  of  2000   further  exacerbated 
WHNY(AM)'s  compliance status.   C.W.H. Broadcasting  states 
that it  did not  hire a  replacement general  manager until 
March  of   2001.   Despite  its  staffing   issues,  C.W.H. 
Broadcasting  mentions that  it took  ``immediate corrective 
measures'' to address the outstanding violations.

     6.   C.W.H.  Broadcasting states  that the  same person 
has  owned WHNY(AM)   for the  last 50  years.  During  that 
time, the  owner does  not recall receiving  ``citations for 
technical  violations  of any  type.''   Our  search of  FCC 
records  reveals  that  the   station  has  been  cited  for 
technical  violations on  at least  two previous  occasions.  
Specifically, on  February 13,  1981, the New  Orleans Field 
Office  issued   a  NOV  to  WHNY(AM)   for  four  technical 
violations of the Rules.   Approximately ten years later, on 
April 24, 1991, the New Orleans Field Office issued a NAL to 
WHNY(AM) for three technical violations of the Rules, two of 
which  related to  the painting  and lighting  of WHNY(AM)'s 
towers.   Thus, we  find that  the record  does not  support 
C.W.H. Broadcasting's claim that it has not been the subject 
of FCC  enforcement action  for technical violations  in the 
past 50 years.  Accordingly, we find that CWH Broadcasting's 
compliance record  does not  provide a  basis to  reduce the 
proposed forfeiture.
       
     7.   Although other factors can be considered, the best 
indication of a company's ability to pay a forfeiture is its 
gross  receipts.3   After  reviewing  C.W.H.  Broadcasting's 
financial information, we find evidence that would support a 
financial hardship-based  reduction of the  $20,000 proposed 
forfeiture amount to $3,500.  

     8.   With  respect to  WHNY(AM)'s  staffing issues,  we 
cite  to the  FCC's  long-held position  that licensees  are 
responsible for their agents'  acts and omissions.4  Turning 
to WHNY(AM)'s claim  of remedial action, we  cite to another 
well-established  FCC  position: remedial  action,  although 
commendable, will not nullify a forfeiture penalty.5

                    IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 503(b) of the Communications Act of 1934, as amended 
(``Act''),6 and Sections 0.111, 0.311, and 1.80(f)(4) of the 
Rules,7 C.W.H.  Broadcasting, Inc. IS LIABLE  FOR A MONETARY 
FORFEITURE in  the amount of $3,500  for willfully violating 
Sections 17.4(a)(2), 17.51(a), and 73.49 of the Rules.

     10.  Payment  of the  forfeiture shall  be made  in the 
manner provided for in Section  1.808 of the Rules 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   ``NAL/Acct.  No. 
200232620001'' and  ``FRN: 0006-3820-48''  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

     11.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall by  sent by certified mail,  return receipt requested, 
to M. Scott Johnson, Esq., Gardner, Carton & Douglas, 1301 K 
Street, N.W., Suite 900,  East Tower, Washington, D.C. 20005 
and  to C.W.H.  Broadcasting, Inc.,  P.O. Box  1223, McComb, 
Mississippi 39648. 



                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 C.F.R.  17.4(a)(2), 17.51(a), 73.49.

2  C.W.H.  Broadcasting,  Inc., NAL/Acct.  No.  200232620001 
(Enf. Bur., New  Orleans Office, rel. Oct.  24, 2001).  This 
NAL was  first issued NAL/Acct. No.  ``200132620006,'' which 
the District Director subsequently  corrected to its present 
NAL/Acct. No. of ``200232620001.''

3 See PJB Communications, 7 FCC Rcd 2088, 2089 (1992).

4 See Liability of Sundial Broadcasting Corp., 30 FCC 2d 949 
(1971).

5 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

6 47 U.S.C.  503(b).
 
7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

8 47 C.F.R.  1.80.

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

10 See 47 C.F.R.  1.1914.