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

In the Matter of                )
                                )
WPGS, Inc.                      )    File No. EB-02-TP-242
                                )    
Owner of Antenna Structure Registration )    NAL/Acct.        No. 
200232700018
Number 1055007 in Mims, Florida )
                                )    FRN 0003-7757-23
Titusville, Florida             )    

                        FORFEITURE ORDER 

Adopted:  June 2, 2003                  Released:  June 4, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the  amount of  one  thousand  dollars 
  ($1,000)  to  WPGS,  Inc.  (``WPGS''),  owner  of  an   antenna 
  structure with antenna structure registration (``ASR'')  number 
  1055007 in  Mims, Florida,  for repeated  violation of  Section 
  17.51  of  the  Commission's  Rules  (``Rules'').1   The  noted 
  violation involves  WPGS's failure to  exhibit red  obstruction 
  lighting on its antenna structure from sunset to sunrise.

2.        On July 17, 2002, the Commission's Tampa, Florida Field 
  Office  (``Tampa   Office'')  issued  a   Notice  of   Apparent 
  Liability for Forfeiture (``NAL'') to WPGS for a forfeiture  in 
  the amount  of ten thousand dollars  ($10,000).2  WPGS filed  a 
  response to the NAL on September 24, 2002.  

                         II.  BACKGROUND

3.        On  April  23,  2002,  agents  from  the  Tampa  Office 
  investigated  a  report  of  a  tower  light  outage  in  Mims, 
  Florida.   The  agents  observed  that  the  top  beacon   (red 
  obstruction lighting) on  an antenna structure located at  4220 
  Golden Shores Blvd. in Mims, Florida (ASR No. 1055007) was  not 
  operating after local sunset.  WPGS is the registered owner  of 
  the  antenna structure  and uses  it  in conjunction  with  the 
  operation of its licensed station, WPGS(AM), Mims, Florida.  

4.        On April 25, 2002, two agents from the Tampa Office re-
  inspected WPGS's  antenna structure and  observed that the  top 
  beacon  was still  extinguished.   The agents  interviewed  the 
  chief operator of WPGS(AM), who stated that he became aware  of 
  the light  outage a couple of  days earlier, but admitted  that 
  he had  not logged the outage in  the station logs or  notified 
  the Federal Aviation Administration (``FAA'') of the outage.3

5.        On May 13,  2002, the  Tampa Office  received a  letter 
  from the owner of the property at 4220 Golden Shore Blvd.,  who 
  stated that the top  beacon on the WPGS tower had been out  for 
  over two  months.  The property owner  also stated that he  had 
  contacted WPGS's  station engineer about  the light outage  the 
  day after he noticed it.  

6.        On July 17, 2002, the Tampa Office issued an NAL for  a 
  $10,000  forfeiture  to   WPGS  for  failing  to  exhibit   red 
  obstruction lighting  on its tower  between sunset and  sunrise 
  from  at least  April  23 to  April  25, 2002  in  willful  and 
  repeated  violation of  Section 17.51  of  the Rules.   In  its 
  response to the NAL, WPGS does not dispute that the top  beacon 
  on its  tower was extinguished on  these dates.  However,  WPGS 
  asserts  that there  were extenuating  circumstances which  the 
  Commission  should  take  into  consideration  in   determining 
  whether  to rescind  or reduce  the forfeiture.   Specifically, 
  WPGS's president states  that the station engineer was  saddled 
  with medical  problems during the  Spring of 2002  and did  not 
  advise him  that the beacon  had been struck  by lightning  and 
  was out.   WPGS's president further  states that upon  learning 
  of  the outage,  he immediately  had the  beacon replaced,  and 
  that  he has directed  the engineer  to check the  beacon on  a 
  regular basis  and to report any  outage to him immediately  so 
  that he can  have it replaced.  Consequently, WPGS's  president 
  does not believe  that the problem will reoccur.  In  addition, 
  WPGS  maintains that  WPGS(AM) provides  the area  with  unique 
  public service  programming and  that it  will not  be able  to 
  continue this  programming unless the  forfeiture is  cancelled 
  or substantially  reduced.  WPGS  also provides  copies of  its 
  tax returns  for 1999, 2000  and 2001 in  support of its  claim 
  that it cannot afford to pay the proposed $10,000 forfeiture.

                      III.      DISCUSSION

7.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),4 Section 1.80 of the Rules,5  and 
  The Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC  Rcd 
  303  (1999)   (``Policy  Statement'').   In  examining   WPGS's 
  response,  Section  503(b)   of  the  Act  requires  that   the 
  Commission take into account the nature, circumstances,  extent 
  and  gravity  of  the  violation  and,  with  respect  to   the 
  violator,  the degree  of  culpability, any  history  of  prior 
  offenses, ability  to pay,  and other such  matters as  justice 
  may require.6

8.          Section  17.51  of   the  Rules  requires  that   red 
  obstruction  lighting  on an  antenna  structure  be  exhibited 
  continuously from  sunset to  sunrise.  WPGS  does not  dispute 
  that  the top  beacon on  its tower  was extinguished  from  at 
  least April  23 to  April 25, 2002.   Accordingly, we  conclude 
  that WPGS repeatedly7 violated Section 17.51 of the Rules.8

9.        Although  WPGS's  president  states  that  the  station 
  engineer was  saddled with medical  problems during the  Spring 
  of 2002  and did not advise him  that the beacon was out,  this 
  fact does not  justify rescission or reduction of the  proposed 
  forfeiture.  It is  well established that Commission  licensees 
  are  responsible   for  the   acts  and   omissions  of   their 
  employees.9  Further,  WPGS's remedial efforts  to correct  the 
  violation are  not mitigating factors  warranting reduction  of 
  the proposed forfeiture.10  Moreover, we do not think that  any  
  reduction of the proposed forfeiture is warranted based on  the 
  asserted  merits  of  WPGS(AM)'s  programming.   However,  WPGS 
  provides its tax returns for 1999, 2000 and 2001 in support  of 
  its  claimed inability  to pay  the proposed  forfeiture.   The 
  Commission has repeatedly held that a company's gross  revenues 
  are the  best indicator of its  ability to pay a  forfeiture.11  
  After  considering  the financial  documentation  submitted  by 
  WPGS, we  conclude that reduction of  the forfeiture amount  to 
  $1,000 is appropriate.

10.       We have examined WPGS's response to the NAL pursuant to 
  the  statutory  factors above,  and  in  conjunction  with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude that  WPGS repeatedly  violated Section  17.51 of  the 
  Rules,  but  we   reduce  the  forfeiture  proposed  for   this 
  violation from $10,000 to $1,000.

                      IV.  ORDERING CLAUSES

11.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the Rules,12 WPGS, Inc. IS LIABLE FOR A MONETARY FORFEITURE  in 
  the  amount  of one  thousand  dollars  ($1,000)  for  repeated 
  violation of Section 17.51 of the Rules.

12.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  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.13  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 reference  NAL/Acct. No.  200232700018 and  FRN 
  0003-7757-23.  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. 
  20554.14

13.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first class mail and certified mail, return  receipt 
  requested, to WPGS,  Inc., 805 North Dixie Avenue,  Titusville, 
  Florida 32796, and to its counsel, William D. Silva, Esq.,  Law 
  Offices  of William  D.  Silva, 5335  Wisconsin  Avenue,  N.W., 
  Suite 400, Washington, D.C. 20015-2003.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.51.  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232700018 (Enf. Bur., Tampa Office, released July 17, 2002).  

  3 Tower owners are required to report any obstruction  lighting 
outages to  the  nearest Flight  Service  Station or  FAA  office 
immediately if the  outage is  not corrected  within 30  minutes.  
See 47 C.F.R.  17.48(a).  The FAA then issues a Notice to Airmen 
(``NOTAM''), a written  advisory to aircraft  pilots regarding  a 
hazard or  potential hazard  of which  they should  be aware.   A 
NOTAM expires automatically after 15 days, unless the tower owner 
calls the FAA to extend the NOTAM.

  4 47 U.S.C.  503(b).

  5 47 C.F.R.  1.80.

  6 47 U.S.C.  503(b)(2)(D).

  7  Section 312(f)(2)  of the  Act  provides that  ``[t]he  term 
`repeated,' ... 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 U.S.C.  312(f)(2).

  8 Because we  have determined that the violation was  repeated, 
we need not make a determination as to whether the violation  was 
willful.  In this regard, Section  503(b)(1) of the Act  provides 
that a  forfeiture penalty  may be  imposed if  the violation  is 
either willful or repeated.  47 U.S.C.  503(b)(1).

  9  See  MTD,  Inc.,  6  FCC  Rcd  34,  35  (1991);   Wagenvoord 
Broadcasting Co., 35 FCC 2d 361 (1972).

  10 See  AT&T Wireless Services, Inc.,  17 FCC Rcd 21866,  21871 
(2002); Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  11  See Long  Distance  Direct, Inc.,  15  FCC Rcd  3297,  3305 
(2000); PJB Communications  of Virginia,  Inc., 7  FCC Rcd  2088, 
2089 (1991).  

  12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  13 47 U.S.C.  504(a).

  14 See 47 C.F.R.  1.1914.