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

In the Matter of                )
                                )
Dewey D. Lankford               )    File No. EB-02-AT-305
                                )
Owner of Unregistered Antenna Structure )    NAL/Acct.        No. 
200232480018
Located at 33 41' 15''  North Latitude, 85 49' 49''  )
West Longitude in Anniston, Alabama  )  FRN 0007-6936-41
                                )
Anniston, Alabama               )       

                        FORFEITURE ORDER 

Adopted:   September 15, 2003           Released:   September 17, 
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  Dewey  D.  Lankford  for   willful 
        violation of Section  17.4(a) of  the Commission's  Rules 
        (``Rules'').1    The   noted   violation   involves   Mr. 
        Lankford's failure to register his antenna structure.

     2.   On  September  24,  2002,  the  Commission's   Atlanta, 
        Georgia, Field  Office  (``Atlanta Office'')  released  a 
        Notice of Apparent Liability  for Forfeiture (``NAL'')  2 
        to Mr. Lankford for a  forfeiture in the amount of  three 
        thousand  dollars  ($3,000).    Mr.  Lankford  filed  his 
        response to the NAL on October 10, 2002.

                         II.  BACKGROUND

     3.   Mr. Lankford  is  the  licensee  of  broadcast  station 
        WANA(AM), Anniston,  Alabama,  and  owns  that  station's 
        antenna  structure.    According  to   the   Commission's 
        records, the antenna structure's  height above ground  is 
        over 200  feet.  On  June  26, 2002,  an agent  from  the 
        Atlanta Office inspected  the antenna structure,  located 
        at 33  41'  15''   North Latitude,  85  49'  49''  West 
        Longitude  in  Anniston,   Alabama.   A   check  of   the 
        Commission's tower  registration records  indicated  that 
        WANA's tower was not  registered.  A recent check of  the 
        of the Commission's tower registration records  indicates 
        that WANA's tower remains unregistered.



     4.   On September 24, 2002, the Atlanta Office issued a  NAL 
        for a forfeiture in the amount of $3,000 to Mr.  Lankford 
        for  his  failure  to  register  the  tower,  in  willful 
        violation  of Section  17.4(a)  of  the  Rules.   In  his 
        response, filed February 10,  2003,3 Mr. Lankford  admits 
        that  his  antenna  structure  was  not  registered   but 
        requests  cancellation  or  reduction  of  the   proposed 
        forfeiture on the  basis that  ``we have  tried from  the 
        first receipt of your letter  to comply with any and  all 
        FCC statutes.''  Mr.  Lankford states  that the  previous 
        owner of the station  told him that everything  regarding 
        the  station   was   ``in  order''   and  there   was   a 
        ``variance'' regarding  registration of  the tower.   Mr. 
        Lankford further states  that he believed,  on the  basis 
        of a  telegram from  the FCC  (received by  the  previous 
        licensee of WANA), that WANA's tower was not required  to 
        be registered  because  it  has no  marking  or  lighting 
        requirements.4

                      III.      DISCUSSION

     5.   The  proposed  forfeiture  amount  in  this  case   was 
        assessed  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) (``Policy Statement'').  In  examining 
        Mr.  Lankford'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.   Section 17.4(a) of the Rules requires the  registration 
        of  antenna  structures  which  require  notice  to   the 
        Federal Aviation Administration.  As provided in  Section 
        17.7(a) of the Rules,8  FAA notification is required  for 
        towers whose height above ground level exceeds 200  feet.  
        According to the Commission's records, the height of  Mr. 
        Lankford's  antenna  structure  is  over  200  feet.  The 
        antenna  structure   is,   therefore,  required   to   be 
        registered.    The   lack   of   marking   and   lighting 
        requirements  does  not  negate  the  tower  registration 
        requirement.   On   the   basis  of   the   FCC   agent's 
        investigation, we find that the antenna structure is  not 
        registered9  and  that  Mr.  Lankford  violated   Section 
        17.4(a) by failing to register it.  Because Mr.  Lankford 
        knew that WANA's tower  was not registered, we find  that 
        his violation of Section 17.4(a) was willful.10  

     7.   No  mitigation  is  warranted  on  the  basis  of   Mr. 
        Lankford's  having   ``tried''   to   comply   with   the 
        Commission's Rules after  the Atlanta  Office issued  the 
        NAL.   In fact,  Commission  records  indicate  that  his 
        antenna remains unregistered.

     8.   We have  examined Mr.  Lankford'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  Mr.  Lankford 
        willfully violated Section 17.4(a) of the Rules and  find 
        that neither cancellation nor  reduction of the  proposed 
        monetary forfeiture is warranted.

     9.   Mr. Lankford has not yet complied with Section  17.4(a) 
        of the Rules.  Accordingly, we will require, pursuant  to 
        Section 308(b)  of  the  Act,11 that  he  report  to  the 
        Enforcement  Bureau  no  more   than  thirty  (30)   days 
        following the  release  of this  order  how he  plans  to 
        achieve compliance with Section 17.4(a).  Mr.  Lankford's 
        report must be submitted in  the form of an affidavit  or 
        declaration signed by Mr. Lankford.

                        IV.  ORDERING CLAUSES

     10.  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,12 Dewey D.  Lankford IS  LIABLE 
        FOR  A  MONETARY  FORFEITURE  in  the  amount  of   three 
        thousand dollars  ($3,000) for  failure to  register  his 
        antenna  structure,  in  willful  violation  of   Section 
        17.4(a) of the Rules.

     11.  IT IS FURTHER ORDERED that, pursuant to Section  308(b) 
        of the Act,   Dewey D.  Lankford must  submit the  report 
        described in  Paragraph  9, above,  no more  than  thirty 
        (30) days following  the release  of this  order, to  the 
        Federal Communications  Commission,  Enforcement  Bureau, 
        Spectrum Enforcement  Division,  445 12th  Street,  S.W., 
        Room 7-A820,  Washington, D.C.  20554, Attention:  Thomas 
        D. Fitz-Gibbon, Esq.

     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.  200232480018 and FRN  0007-6936-
        41.  Requests for full payment under an installment  plan 
        should be sent to: Chief, Revenue and Receivables  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 and Certified Mail Return  Receipt 
        Requested to  Dewey D.  Lankford at  1111 Wilmer  Avenue, 
        Anniston, Alabama 36201.

                              FEDERAL COMMUNICATIONS COMMISSION

                         


                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.14 (a).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232480018 (Enf. Bur., Atlanta  Office, released September  24, 
2002).    

  3  Mr.  Lankford  states  that  he  also  sent  a  response  by 
facsimile within the 30 day  response period.  We have no  record 
of receiving that facsimile.

  4 A  check of the Commission's  TOWPUB data base confirms  that 
WANA's tower does not have marking and lighting requirements.

  5 47 U.S.C.  503(b).

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8 47 C.F.R.  17.7(a).

  9  On July  23, 2003,  the Wireless  Telecommunications  Bureau 
  released  a  Public  Notice,  DA-03-2411,  granting  a  60  day 
  amnesty period  to the owners  of certain unregistered  antenna 
  structures identified during an audit.  Mr. Lankford's  antenna 
  structure is not  among those identified during the audit  and, 
  therefore, Mr.  Lankford is not entitled  to an amnesty  period 
  to register his tower.

  10 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).  

  11 47 U.S.C.  308(b).

  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.