Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                        )
                              )         
Marion R. Williams                 )    
Licensee of AM Broadcast Station WONG   )    File No.:  EB-03-OR-
060
  In Canton, Mississippi                )    NAL/Acct.        No. 
200332620014
Gary, Indiana                                             )      
FRN 0008-5822-31
                                                            )
                              )
                                                       )


                        FORFEITURE ORDER


Adopted:  August 5, 2004                          Released:  
August 9, 2004  

By the Chief, Enforcement Bureau:


     1.   In this Forfeiture Order ("Order") we issue a  monetary 
          forfeiture in the amount of nine thousand, two  hundred 
          dollars ($9,200) to Marion R. Williams  (``Williams''), 
          licensee  of   AM  broadcast   Station  WONG,   Canton, 
          Mississippi, for  willful violation  of Sections  73.49 
          and   73.3526(c)(1)    of   the   Commission's    Rules 
          (``Rules'').1 The noted violations involved  Williams's 
          failure to enclose  the station's antenna tower  within 
          an effective  locked fence  or other  enclosure and  to 
          make  most  required  items  in  the  station's  public 
          inspection file available for public inspection  during 
          regular business hours.  

     2.   In an April 14, 2003  Notice of Apparent Liability  for 
Forfeiture (``NAL''),2 the   Commission's New Orleans,  Louisiana 
Office (``New Orleans Office'') proposed a monetary forfeiture in 
the amount of $17,000 to Williams. Williams does not contest  the 
subject violations.  Williams filed a response to the NAL on  May 
16, 2003, and supplemented his response on July 21 and 23, 2004.  

     3.   The forfeiture amount in this case was proposed in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended (``Act''),3 Section 1.80 of the Rules,4 and the 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture Guidelines.5  In 
assessing forfeitures, Section 503(b)(2)(D) of the Act requires 
that we 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.6  

     4.   To the extent  that Williams suggests  that plans  were 
underway  to  address  the  violations  before  the   inspection, 
Williams has failed to provide any documentation to support  such 
an assertion.  Willliams also  seeks mitigation, stating that  he 
has remedied the defects identified in the Commission inspection.  
However, no mitigation  is warranted on  the basis of  Williams's 
correction of  the  violations.   As  the  Commission  stated  in 
Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994),  ``corrective 
action taken to  come into  compliance with  Commission rules  or 
policy is expected, and  does not nullify  or mitigate any  prior 
forfeitures or violations.'' 7 

                  5.     In   support   of   his   request    for 
cancellation or reduction of  the proposed forfeiture,   Williams 
submits financial data, including federal income tax returns  for 
years 2000 and  2001.8   The Commission  has determined that,  in 
general, a licensee's  gross revenues are  the best indicator  of 
its ability to pay a forfeiture.9 After considering the financial 
documentation  submitted,  we  conclude  that  reduction  of  the 
forfeiture amount to $9,200 is appropriate. 10     

     6.    We have examined Williams'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 Williams willfully11 violated Sections 73.49 and 
73.3526(c)(1) of the Rules, but we reduce the forfeiture proposed 
for these violations from $17,000 to $9,200, based on Williams's 
financial showing.
                   7.      Accordingly,  IT   IS  ORDERED   THAT, 
pursuant to  Section 503(b)  of the  Act,12 and  Sections  0.111, 
0.311 and  1.80(f)(4)  of  the Commission's  Rules,13  Marion  R. 
Williams  IS LIABLE FOR  A MONETARY FORFEITURE  in the amount  of 
nine thousand, two hundred dollars ($9,200) for willful violation 
of Sections 73.49 and 73.3526(c)(1) 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.14  
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 must  include 
the  FCC  Registration  Number   (FRN)  and  the  NAL/Acct.   No. 
referenced in the  caption.  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. 20554.15

     9.   IT IS FURTHER ORDERED THAT  a copy of this Order  shall 
be sent by first  class mail and  certified mail, return  receipt 
requested, to  Marion  R.  Williams, 7606  Harold  Avenue,  Gary, 
Indiana 46403.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

1  47 C.F.R.  73.49 and 73.3526(c)(1).

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332620014 (Enf. Bur., New  Orleans Office, released April  14, 
2003 ).

3 47 U.S.C.  503(b).

4 47 C.F.R.  1.80.

5 12 FCC Rcd 17087 (1997),  recon. denied, 15 FCC Rcd 303  (1999) 
(``Forfeiture Policy Statement'').  

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

7 See also  Callais Cablevision,  Inc., 17 FCC  Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

8 In support of his reduction request, Williams also states  that 
his operation is  a small  business entity. However,  it is  well 
established that  reliance  on  small business  status  alone  is 
insufficient  See Forfeiture Policy Statement, 12 FCC Rcd  17087, 
17109  51-52 (1997), recon. denied, 15 FCC Rcd 303 (1999);  see 
also Jerry Szoka, 14 FCC Rcd 20147, 20150  9-10 (1999).  

9  See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 
(1992). 

10  Id.  at  2089  (forfeiture  not  deemed  excessive  where  it 
represented approximately 2.02  percent of  the violator's  gross 
revenues); Hoosier  Broadcasting Corporation,  15 FCC  Rcd  8640, 
8641 (Enf. Bur. 2002) (forfeiture  not deemed excessive where  it 
represented approximately  7.6 percent  of the  violator's  gross 
revenues); Afton Communications Corp., 7 FCC Rcd 6741 (Com.  Car. 
Bur. 1992) (forfeiture not deemed excessive where it  represented 
approximately 3.9 percent of the violator's gross revenues).

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,' 
... 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).

12 47 U.S.C.  503(b).

13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

14 47 U.S.C.  504(a).

15 See 47 C.F.R.  1.1914.