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

In the Matter of                   )
                                                            )
CB Radio, Inc.                     )   File Number EB-02-AT-398
                                  )
Owner of Unregistered Antenna      )  NAL/Acct. No.200332480016
Structure located at 36 20' 07''  )
North Latitude by 82 13' 03''     )           FRN 0007-8859-81
West Longitude in Elizabethton,    )
Tennessee                          )

Elizabethton, Tennessee

                        FORFEITURE ORDER

Adopted:  August 4, 2004                     Released:  August 6, 
2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in  the amount of  two thousand four  hundred 
dollars ($2,400) to CB Radio, Inc. (``CB''), licensee of AM radio 
station WBEJ, Elizabethton, Tennessee and owner of the  station's 
antenna structure (registration number  1237701) for willful  and 
repeated violation of Section  17.4(a) of the Commission's  Rules 
(``Rules'').1  The  noted  violation  involves  CB's  failure  to 
register its antenna structure for the station.

     2.On  January  23,  2003,  the  District  Director  of   the 
Commission's Atlanta, Georgia, Field Office (``Atlanta  Office'') 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') to 
CB in the amount of  three thousand dollars ($3,000).2  CB  filed 
its response on February 24, 2003.

II.  BACKGROUND

     2.   On September 25, 2001, an agent from the Atlanta Office 
inspected AM  radio  station  WBEJ  and  its  antenna  structure, 
located at 36  20' 07''  North Latitude  and 82  13' 03''  West 
Longitude,   in   Elizabethton,   Tennessee.    The    inspection 
established that WBEJ's antenna structure was not registered with 
the Commission.  On October 4, 2001, the Atlanta Office issued  a 
Notice of  Violation  (``NOV'') to  CB  for failure  to  register 
WBEJ's antenna  structure with  the Commission.   On October  29, 
2002, an agent from the  Atlanta Office again inspected AM  radio 
station WBEJ  and its  antenna structure.   The agent  determined 
that the antenna structure was still unregistered.

     3.   On January  23,  2003,  the District  Director  of  the 
Atlanta Office  issued the  subject  NAL to  CB finding  that  it 
willfully and repeatedly violated Section 17.4(a) of the Rules by 
failing to register  the antenna structure.   In its response  to 
the  NAL,  CB  seeks   cancellation  of  the  proposed   monetary 
forfeiture.  CB  contends that  it attempted  to register  WBEJ's 
antenna structure  but  was  not successful  until  February  14, 
2003,3 and that  its failure  to timely  register WPEJ's  antenna 
structure was not willful.

III.      DISCUSSION

     4.   The  proposed  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 (``Policy  Statement'').6 Section  503(b) of  the  Act 
requires that, in  examining CB's response,  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

     5.   Section 17.4(a)  of the  Rules requires  the owners  of 
existing  antenna  structures  that  were  assigned  painting  or 
lighting requirements  before July  1,  1996, to  register  those 
antenna structures  with the  Commission no  later than  July  1, 
1998.8   WBEJ's  antenna   structure  was  unregistered   between 
September 25,  2001,  the date  of  our initial  inspection,  and 
October 29, 2002, the date of our follow-up inspection.  We  find 
that CB  violated Section  17.4(a)  of the  Rules by  failing  to 
register WBEJ's antenna structure. 

     6.    CB  contends  that  its  failure  to  register  WBEJ's 
antenna structure is not willful because it attempted to register 
its antenna  structure.9   CB  asserts that,  following  the  NOV 
issued on  October 4,  2001, CB  filed Form  7460-1 with  Federal 
Aviation Administration (``FAA'') to obtain a Determination of No 
Hazard  to  Air  Navigation  (for  submission  with  an   antenna 
structure registration application)  but had  heard nothing  from 
the FAA at  the time of  the FCC's October  29, 2002  inspection.  
Additionally,  CB  asserts  that  after  the  October  29,  2002, 
inspection, it re-filed  FAA Form 7460-1  upon learning that  the 
FAA had  no record  of receiving  that form.   The FAA  issued  a 
Determination of No Hazard to Air Navigation to CB on January 13, 
2003.10  CB filed an  antenna structure registration  application 
on February 4, 2003, and  completed registration of the tower  on 
February 14, 2003.  

     7.   CB knew WBEJ's antenna  structure was unregistered  but 
did not register it until more than 16 months after the  issuance 
of the NOV.  We, accordingly, find that CB's violation of Section 
17.4(a) of the Rules was both willful11 and repeated.12

     8.   As  support   for  canceling   the  proposed   monetary 
forfeiture for  the Section  17.4(a)  violation, CB  cites  Jamie 
Patrick Broadcasting, Ltd.,  17 FCC Rcd  26277 (Enf. Bur.  2002); 
Truth Broadcasting  Corporation,  17  FCC Rcd  24376  (Enf.  Bur. 
2002); and C.W.H. Broadcasting, Inc., 17 FCC Rcd 14324 (Enf. Bur. 
2002).  These cases,  however, are factually  dissimilar to  this 
case and contain nothing which supports canceling the forfeiture. 
In Jamie Patrick  Broadcasting, Ltd,  there was  no violation  of 
Section 17.4(a) and the cancellation of the forfeiture was  based 
on the licensee's inability to pay the forfeiture amount.   While 
the NALs  issued in  Truth  Broadcasting Corporation  and  C.W.H. 
Broadcasting, Inc. did involve violations of Section 17.4(a), the 
tower  licensees  in  those  cases  sought  cancellation  of  the 
forfeitures based on reasons different from those offered by  CB.  
Moreover, in Truth Broadcasting  Corporation we determined,  upon 
review of the NAL, that the  record ultimately did not support  a 
finding of a Section 17.4(a) violation.  In C.W.H.  Broadcasting, 
Inc., we reduced  the forfeiture amount  for the Section  17.4(a) 
violation, as  we  did  for  the  amounts  for  the  other  noted 
violations,  primarily  because  of  the  financial  hardship  we 
believed the forfeiture would pose based on the documents  C.W.H. 
submitted. 

     9.   We find that CB's  filing of FAA  Form 7460-1 prior  to 
the October 29, 2002, inspection demonstrates a good faith effort 
to comply with Section 17.4(a).13   However, CB displayed a  lack 
of diligence by  failing to check  the status of  its FAA  filing 
until after the October 24, 2002, inspection.  We find that  CB's 
partial effort to register  WBEJ's tower following the  September 
25,  2001,  inspection  does  not  warrant  cancellation  of  the 
proposed forfeiture, but does warrant a reduction to $2,400.

     10.  We have examined CB'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 
CB willfully and repeatedly violated Section 17.4(a) of the Rules 
and we find that cancellation of the proposed monetary forfeiture 
is not warranted but a reduction to $2,400 is appropriate.

IV.          ORDERING CLAUSES

     12.  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,14 CB Radio, Inc., IS LIABLE FOR A MONETARY  FORFEITURE 
in the amount of two  thousand four hundred dollars ($2,400)  for 
its willful  and repeated  violation of  Section 17.4(a)  of  the 
Rules.  
     13.  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.15  
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. 
200332480016 and  FRN 0007-8859-81.   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. 
20554.16 

     14.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to CB Radio, Inc.,  626  E. Elk Avenue,  Elizabethton, 
TN 37643.  

                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

1 47 C.F.R.  17.4(a).  
2 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332480016 (Enf. Bur. Atlanta Office, January 23, 2003).  
3 The  Commission's records  confirm  that CB  registered  WBEJ's 
antenna structure on February 14, 2003.
4 47 U.S.C.  503(b).
5 47 C.F.R.  1.80.
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
7 47 U.S.C.  503(b)(2)(D).
8 WBEJ's tower  was assigned painting  and lighting  requirements 
before July 1, 1996, by FAA study SW-OE-1884.
9 We will not  address the attempts described  by CB to  register 
WBEJ's tower before  the September 25,  2001, inspection  because 
this forfeiture proceeding is based  on CB's failure to  register 
the tower after that date.  
10 CB asserts that it did not receive the FAA Determination until 
a few weeks later.
11 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', 
when used with  reference to  the commission or  omission of  any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision  of 
this Act . . . .''   See Southern California Broadcasting Co.,  6 
FCC Rcd 4387-88 (1991).
12 As provided by 47  U.S.C.  312(f)(2), a continuous  violation 
is ``repeated''  if it  continues for  more than  one day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991).
13 See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965  (2003), 
recon. denied, 18 FCC Rcd 25481 (2003).
14 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
15 47 U.S.C.  504(a).
16 See 47 C.F.R.  1.1914.