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


In the Matter of                 )    File Number EB-02-AT-239
                                )
Farnell O'Quinn                  )    NAL/Acct. No. 200232480012
Licensee of Radio Station WUFF   )
Eastman, Georgia                 )    FRN 0004-9860-22


                        FORFEITURE ORDER

   Adopted:  August 7, 2003             Released:  August 11, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount of  three  thousand  dollars 
($3,000) to  Farnell  O'Quinn (``O'Quinn''),  licensee  of  radio 
station WUFF, Eastman, Georgia, for willful violation of  Section 
73.1350(a) of  the Commission's  Rules (``Rules'').1   The  noted 
violation involves  O'Quinn's failure  to operate  in  accordance 
with the terms of the station authorization.

     2.   On July  8,  2002, the  Commission's  Atlanta,  Georgia 
Field Office  (``Atlanta Office'')  issued a  Notice of  Apparent 
Liability for Forfeiture (``NAL'') in the amount of four thousand 
dollars ($4,000) to O'Quinn for the noted violation.2

                         II.  BACKGROUND

     3.   On June  11, 2002,  an agent  from the  Atlanta  Office 
inspected  the  WUFF  transmitter  site  and  antenna   structure 
registration  number   1019521  near   Eastman,  Georgia.3    The 
geographical coordinates determined by the agent showed that  the 
antenna structure was located at 32 13' 18"N Latitude, 083  13' 
04"W Longitude.  The licensed  geographical coordinates for  WUFF 
are  32  13'  35"N  Latitude,  083  13'  10"W  Longitude.   The 
geographical coordinates  specified  in the  structure's  Antenna 
Structure Registration are 32 13'  36"N Latitude, 083 13'  10"W 
Longitude.   This  places  the   actual  location  of  the   WUFF 
transmitter site and antenna  structure more than  1/3 of a  mile 
South/Southeast of the authorized location.  On July 8, 2002, the 
Atlanta Office issued an NAL in  the amount of $4,000 to  O'Quinn 
for failure  to  operate in  accordance  with the  terms  of  the 
station authorization.

     4.   In its  response to  the NAL,  O'Quinn asserts  it  has 
never been assessed a forfeiture by the Commission.  O'Quinn also 
argues that it has the best public file in the state and protects 
its airwaves  by  ensuring  that  no profanity  is  used  on  its 
station.  With  respect  to  the apparent  violation  of  Section 
73.1350(a), O'Quinn argues that it  was unaware of the  incorrect 
coordinates.  O'Quinn claims that it hired three highly qualified 
engineers to provide  the coordinates, and  that these  engineers 
gave O'Quinn the incorrect coordinates.  O'Quinn adds that it has 
been using the same coordinates  for the past 30 years.   O'Quinn 
argues that it is a small market station and suggests that it  is 
experiencing financial difficulties.  O'Quinn claims that it  has 
hired another  engineer  to  file  Forms 301  and  302  with  the 
Commission and is notifying  the Federal Aviation  Administration 
of the  new coordinates.4   For these  reasons, O'Quinn  requests 
cancellation of the proposed forfeiture.

                        III.  DISCUSSION

     5.   The forfeiture  amount in  this  case was  proposed  in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended,  (``Act''),5  Section 1.80  of  the Rules,6  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).   In 
examining O'Quinn'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.7

     6.   Rescission of the proposed forfeiture is not  warranted 
in this case.   We note that  the NAL proposed  a forfeiture  for 
failure   to   operate   in   accordance   with   the   station's 
authorization.  Thus,  O'Quinn's arguments  regarding its  public 
file and refraining from the use of profanity on its station  are 
immaterial.  Moreover, O'Quinn's argument that its engineers gave 
it the wrong coordinates does not provide a basis for  rescission 
or reduction of the proposed forfeiture.  The Commission has long 
held that licensees are responsible for the acts of its  agents.8  
We therefore find that O'Quinn's violation of Section 73.1350  is 
willful.9  Furthermore, O'Quinn's remedial efforts to correct the 
violation are  not  a mitigating  factor.10   Moreover,  although 
O'Quinn  suggests  that  it  is   unable  to  pay  the   proposed 
forfeiture, it does not provide any financial documentation  from 
which we can assess its ability to pay.  Therefore, we decline to 
cancel  or  reduce  the  proposed  forfeiture  on  the  basis  of 
inability to pay.  Finally, we will consider O'Quinn's contention 
that it has never been assessed a forfeiture.  Based on O'Quinn's 
overall history  of compliance,  we  will reduce  the  forfeiture 
amount to $3,000.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Rules,11 Farnell O'Quinn IS LIABLE FOR A MONETARY  FORFEITURE 
in the amount of three  thousand dollars ($3,000) for failure  to 
operate in accordance with the terms of the station authorization 
in willful violation of Section 73.1350(a) of the Rules.

     8.   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.12  
Payment shall 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. 
and FRN 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. 20554.13

     9.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  First  Class  and  Certified  Mail,  Return  Receipt 
Requested, to  Farnell  O'Quinn,  731  College  Street,  Eastman, 
Georgia 31023.

      
                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1 47 C.F.R.  73.1350(a).
2 Notice  of  Apparent  Liability for  Forfeiture,  NAL/Acct  No. 
200232480012 (Enf. Bur., Atlanta Office, released July 8, 2002).
3 O'Quinn is licensee of radio  station WUFF as well as owner  of 
the antenna structure used by WUFF.
4 We note that O'Quinn  filed an application with the  Commission 
on October 28, 2002,  to correct the  coordinates.  See File  No. 
BP-20021028AAJ.  This application was granted June 2, 2003.
5 47 U.S.C.  503(b).
6 47 C.F.R.  1.80.
7 47 U.S.C.  503(b)(2)(D).
8 See Eure Family Limited Partnership, 17 FCC Rcd 21861, 21863-64 
(2002) (stating that  licensees and  other Commission  regulatees 
are responsible for the acts and omissions of their employees and 
independent contractors and  that the Commission  has refused  to 
excuse licensees  from  forfeiture  penalties  where  actions  of 
employees   or   independent   contractors   have   resulted   in 
violations); Charter Communications VI, LLC, 17 FCC 16516  (2002) 
(stating that licensees are responsible for the acts or omissions 
of their employees); MTD, Inc., 6 FCC Rcd 34, 35 (1991)  (stating 
that the Commission has long held that licensees are  responsible 
for the negligent acts or  omissions of their employees and  that 
this responsibility is not  lessened when contractors are  used); 
Wagenvoord Broadcasting Co., 35 FCC  2d 361 (1972) (stating  that 
the negligent acts  or omissions  of an  employee or  independent 
contractor do not  relieve a  licensee of  its responsibility  to 
comply with the Commission's rules). 
9 The term  ``willful,'' as used  in Section 503(b)  of the  Act, 
does  not  require  a  finding   that  the  rule  violation   was 
intentional or that the violator was aware that it was committing 
a rule violation.  Rather,  the term ``willful'' simply  requires 
that the  violator knew  it was  taking the  action in  question, 
irrespective of  any intent  to violate  the Commission's  rules.  
Section 312(f)(1)  of  the  Act, 47  U.S.C.    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,' 
... 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).  
10 See  e.g., AT&T  Wireless Services,  Inc., 17  FCC Rcd  21866, 
21871 (2002);  Seawest  Yacht Brokers,  9  FCC Rcd  6099  (1994); 
Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).
11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
12 47 U.S.C.  504(a).
13 See 47 C.F.R.  1.1914.