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

In the Matter of                )
                                )
Wings Communications, Inc. d/b/a WELE Radio  )    File No. EB-02-
TP-116
                                )
Owner of Antenna Structure Registration )    NAL/Acct.        No. 
200332700010
Number 1062835                  )
Ormond Beach, Florida           )    FRN 0004-3312-60       

                        FORFEITURE ORDER 

Adopted:   May 17, 2004                 Released:   May 19, 2004
 
By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) to Wings  Communications, Inc.  (``Wings'') d/b/a  WELE 
Radio.  for  willful   violation  of  Section  17.51(a)  of   the 
Commission's Rules (``Rules'').1   The violation involves  Wings' 
failure to continuously exhibit  all red obstruction lighting  on 
its tower from sunset to sunrise.  

     2.    On December 2,  2002, the Commission's Tampa,  Florida 
Field Office  (``Tampa  Office'')  issued a  Notice  of  Apparent 
Liability (``NAL'') to Wings  for a forfeiture  in the amount  of 
ten thousand  dollars  ($10,000)  citing  violation  of   Section 
17.51(a) of the Commission's Rules.2  Wings filed its response to 
the NAL requesting cancellation of  the forfeiture on January  2, 
2003.

                         II.  BACKGROUND

     3.   On October  1, 2002,  during an  evening inspection  of 
Wings' AM four tower directional antenna array, located in Ormond 
Beach, Florida,   two Commission  agents  from the  Tampa  Office 
observed that one of the antenna structures3 was not lighted by a 
red beacon  during  prescribed  evening  hours.   The  inspection 
occurred as  the  result  of  a complaint  to  the  Tampa  Office 
alleging a six week outage of the required red beacons for Wings' 
antenna.4 

     4.   On  October  1,  2002,  as   a  result  of  the   first 
inspection, a Tampa agent called  the FAA and determined that  no 
Notice To Airmen  (NOTAM) had  been given the  FAA regarding  the 
lighting failure.5  Subsequently,  on October 8,  2002, the  same 
agent searched  the Commission's  Antenna Structure  Registration 
(``ASR'') database and determined Wings  was listed as the  owner 
of the antenna structure.6     

     5.   On December 2, 2002, the  Tampa Office issued a NAL  to 
Wings for  the violation  observed on  October 1,  2002.  In  its 
January 2, 2003  response, Wings  did not dispute  the facts  set 
forth in the NAL and admitted that it knew the light was out  and 
that it failed to notify the FAA of the outage.7  Wings' response 
included a  recitation  of  its unsuccessful  repair  efforts  as 
justification for its request for forfeiture cancellation.

                        III.  DISCUSSION

     6.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),8 Section 1.80 of the  Rules,9 
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 Wings' 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 
such other matters as justice may require.10  

     7.         Section 17.51(a) of  the Rules requires that  all 
red  obstruction  lighting   be  exhibited  continuously   unless 
otherwise specified.   Wings seeks cancellation of the forfeiture 
based upon its  assertion that the  problem was intermittent  and 
that it  made  multiple  attempts to  resolve  the  problem.   We 
disagree that  this justifies  cancellation.  Wings  knew of  the 
lighting problem  for months  and  it was  incumbent upon  it  to 
correct the problem, which posed a safety hazard.  That Wings was 
unable to secure either an electrical or tower company to fix the 
lighting does not mitigate its  violation of Section 17.51(a)  of 
the Rules.  The responsibility  to comply with  the Rules is  the 
antenna structure  owner's,11  and  an  unsuccessful  attempt  to 
comply is  insufficient.   Wings  also  seeks  to  attribute  its 
failure  to  notify  the  FAA  to  an  employee.   However,   the 
Commission has long held that licensees and Commission regulatees 
are responsible for the acts and omissions of their employees and 
independent contractors.12  Moreover,  Wings could have  complied 
with the Commission's Rules  simply by informing  the FAA of  the 
light failure.13  We find that  Wings has not provided any  basis 
for cancellation or reduction of the forfeiture.  

     8.   On the basis of the FCC agents' observations on October 
1, 2002, during their investigations, and the admission in Wings' 
response,  we  find  that  Wings  willfully14  violated   Section 
17.51(a) of  the Rules  by failing  to exhibit  the required  red 
beacon evening obstruction lighting on its tower.15  

     9.        We  have  examined  Wings'  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 Wings willfully  violated Section 17.51(a)  of  the 
Rules.  Moreover,  we are  not  persuaded by   Wings'  mitigation 
claims.  Accordingly, we find that there is no basis to cancel or 
reduce the assessed forfeiture amount.

                      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,16   Wings IS  LIABLE  FOR  A  MONETARY 
FORFEITURE in  the amount  of  a total  of ten  thousand  dollars 
($10,000), for failure to light the captioned antenna  structure, 
in willful violation of  Section 17.51(a) of the Rules.  

     11.        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.17  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.  200332700010  and  FRN   0004-3312-60.  
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. 20554.18  

     
     12.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to Doug Wilhite, President, Wings Communications, Inc., 
d/b/a WELE  Radio, 432  South Nova  Road, Ormond  Beach,  Florida 
32174.

                         FEDERAL COMMUNICATIONS COMMISSION       

                         
                         David H. Solomon
                         Chief, Enforcement Bureau 
_________________________

  1 47 C.F.R.  17.51(a).

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200332700010 (Enf.  Bur.,  Tampa  Office,  released  December  2, 
2002).

  3  Antenna Structure  Registration number  1062835, located  at 
29 16' 0.9'' North Latitude, 081 04' 53'' West Longitude.

  4 The four antenna structures that comprise the directional  AM 
array are required to be individually lighted.

  5 47 C.F.R.  17.48(a) requires the tower owner to  immediately 
inform the  FAA  of any  light  failure not  repaired  within  30 
minutes.  In its January 2,  2003 response, Wings admits that  it 
had not notified the FAA as of  October 1, 2002.  

  6  The  Commission's Antenna  Structure  Registration  database 
lists Wings Communications, Inc. dba  WELE Radio as the owner  of 
the  instant  antenna  structure,  registration  number  1062835, 
located at  Ormand Beach,  Florida.   The ASR  also set  forth  a 
requirement to maintain a night time red beacon lighting system.

  7 Wings'  January 2, 2003  response acknowledges its  awareness 
of the  light's failure  and seeks  to attribute  its failure  to 
notify the FAA to an employee.

  8 47 U.S.C.  503(b).

  9 47 C.F.R.  1.80.

  10 47 U.S.C.  503(b)(2)(D).

  11 See  Econopage of  Cleveland, Inc.   16 FCC  Rcd 2989  (Enf. 
Bur. 2001) (Licensees are ``expected to know and comply with  the 
Commission's Rules,  and  will  not  be  excused  for  violations 
thereof, absent  clear  mitigating  circumstances.'')   See  also 
Sitka Broadcasting Co., Inc., 70 FCC 2d 2375, 2378 (1979), citing 
Lowndes County Broadcasting Co., 23 FCC 2d 91 (1970) and Emporium 
Broadcasting Co., 23 FCC 2d 868 (1970).

  12 See  Eure Family Ltd.  Partnership, 16 FCC  Rcd 21302  (Enf. 
Bur. 2001),  recon. denied,  17 FCC  Rcd 7402  (Enf. Bur.  2002),  
review denied, 17 FCC Rcd 21861 (2002).

  13 47 C.F.R.  17.48(a).

  14  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).   

  15 Wings  informed the Commission on  March 18, 2003, that  the 
tower had been repaired and the lights were working.

  16 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  17 47 U.S.C.  504(a).

  18 See 47 C.F.R.  1.1914.