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


In the Matter of                  )
                                 )   File No. EB-04-DL-066
Steve Williams                    )
d.b.a.  American Broadcasting of  )   NAL/Acct. No. 200432500003
Texas                             )
Owner   of   Three  Unregistered  )   FRN 0005003868
Antenna Structures                )
In                                )
Waco, TX


                      FORFEITURE ORDER

Adopted:             September            7,            2004                                                                              
Released:  September 9, 2004

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 Steve Williams d.b.a. American Broadcasting of 
Texas (``Williams''), owner of a three-tower directional 
array located at or near geographical coordinates 31 34' 
10''N and 97 00'01''W, Waco, Texas, for willful and 
repeated violation of Section 17.4(a) of the Commission's 
Rules (``Rules'').1  The noted violation involves Williams's 
failure to register the three-tower directional array with 
the Commission.

II.   BACKGROUND 

     2.   On March 2, 2004, two agents from the Commission's 
Dallas Field Office (``Dallas Office'') inspected a three-
tower directional array located at or near geographical 
coordinates 31 34' 10''N and 97 00'01''W (three towers) in 
Waco, Texas.  The agents noted that the structures were 
painted and fitted with red lighting.  A sign was posted on 
the property entrance, which stated ``Tower Registration 
Number Pending'' and ``KBBW-AM radio Facility #1322.''

     3.   On April 8, 2004, agents from the Dallas Office 
checked the Commission's Antenna Structure Registration 
(``ASR'') database and found that these towers were not 
registered.

     4.   On April 13, 2004, a Letter of Inquiry (``LOI'') 
was sent to Williams concerning the three towers.  In his 
April 27, 2004 response, Williams stated he acquired the 
towers when he bought Station KBBW(AM) on June 11, 1986.  
Williams also stated that he completed the registration 
paperwork for the three towers when the ASR system was 
implemented, but failed to submit the registration for 
filing.  

     5.   On July 9, 2004, the Dallas Office issued a Notice 
of Apparent Liability for Forfeiture to Williams in the 
amount of three thousand dollars ($3,000) for the apparent 
willful and repeated failure to register each of the three 
towers as required by Section 17.4(a) of the Rules.2  In its 
response, Williams requests cancellation or reduction of the 
proposed forfeiture because Williams fully complied with the 
Commission's requests in its LOI and initiated steps to 
ensure that the three towers are registered.  Specifically, 
following receipt of the LOI, Williams hired a surveyor to 
verify the coordinates of the towers and an engineering firm 
to submit the necessary studies to the Federal Aviation 
Administration (``FAA'') to obtain a no hazard 
determination.  Williams asserts it will immediately 
register the three towers after it receives an FAA no hazard 
determination.      

III.        DISCUSSION

     6.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Act,3 
Section 1.80 of the Commission's Rules (``Rules''),4 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) (``Forfeiture Policy Statement'').  In 
examining Williams'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.5

     7.   Section 17.4(a) of the Rules provides that the 
owner of any proposed or existing antenna structure that 
requires notice of proposed construction to the FAA must 
register the structure with the Commission.  Williams's 
antenna structures required notification to the FAA because 
each of the structures exceeded 200 feet in height.6  
Therefore, each of Williams's antenna structures required 
Commission registration.  Williams stated that it acquired 
the three towers in 1986.  Williams also admitted that it 
completed the registration paperwork to register the three 
towers when the ASR system was implemented but failed to 
submit the paperwork.  Finally, Williams admits in its 
response that the three antenna structures are still not 
registered, nearly eight years after they were first 
required to be registered, because it has not yet received a 
no hazard determination from the FAA.  

     8.   Williams asserts that the forfeiture should be 
reduced or cancelled because it took prompt action to comply 
with the registration requirements by seeking a no hazard 
determination from the FAA after it received the LOI.  
Williams's remedial actions, however, to correct promptly 
violations after they have been identified by an agent is 
expected and does not warrant a reduction in the forfeiture 
amount.7     

     9.   We have examined Williams's response to the NAL 
pursuant to the statutory factors above, and in conjunction 
with the Forfeiture Policy Statement.  As a result of our 
review, we conclude that Williams willfully8 and repeatedly9 
violated Section 17.4(a) of the Rules and find no basis for 
cancellation or reduction of the $3,000 forfeiture proposed 
for these violations.  Moreover, Williams should register 
the three towers promptly after it receives a no hazard 
determination by the FAA and must notify us when 
registration is complete.

IV.   ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission's Rules,10 Steve Williams d.b.a. American 
Broadcasting of Texas IS LIABLE FOR A MONETARY FORFEITURE in 
the amount of three thousand dollars ($3,000) for willfully 
and repeatedly violating Section 17.4(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.11  Payment by check or money 
order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight 
mail may be sent to Bank One/LB 73482, 525 West Monroe, 8th 
Floor Mailroom, Chicago, IL 60661.   Payment by wire 
transfer may be made to ABA Number 071000013, receiving bank 
Bank One, and account number 1165259.  The payment should 
note NAL/Acct. No. 200432500003, and FRN 0005003868.  
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. 20554.12 

     12.  IT IS FURTHER ORDERED that, pursuant to Section 
308(b) of the Act,13 Steve Williams d.b.a. American 
Broadcasting of Texas must submit a report stating whether 
he has successfully registered the three towers, no more 
than thirty (30) days following a determination of no hazard 
by the FAA, to the Federal Communications Commission, 
Enforcement Bureau, South Central Region, 520 NE Colbern 
Road, Lee's Summit, MO 64086, Attention: Regional Counsel.
     13.  IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class and Certified Mail Return 
Receipt Requested to Steve Williams d.b.a. American 
Broadcasting of Texas, Radio Station KBBW-AM, 1019 
Washington St., Waco, TX 76701 and Mark N. Lipp, Counsel for 
Steve Williams, Vinson & Elkins, L.L.P., 1455 Pennsylvania 
Ave. NW, Washington, DC 20004-1008.  



                              FEDERAL COMMUNICATIONS 
                              COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau
               
_________________________

147 C.F.R.  17.4(a).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432500003  (Enf.  Bur.,  Dallas Office,  July  9,  2004) 
(``NAL'').  The amount of the proposed forfeiture was equal 
to the base forfeiture amount for such a violation.

347 U.S.C.  503(b).

447 C.F.R.  1.80.

547 U.S.C.  503(b)(2)(D).

6See 47 C.F.R.  17.7(a). 

7See AT&T Wireless Services, Inc., 17 FCC Rcd 21861, 21864-
75 (2002);  Sonderling Broadcasting  Corp., 69 FCC  2d 289, 
291 (1978); Odino Joseph, 18  FCC Rcd 16522, 16524, para. 8 
(Enf. Bur.  2003); South  Central Communications  Corp., 18 
FCC Rcd  700, 702-03, para.  9 (Enf. Bur.  2003); Northeast 
Utilities,  17 FCC  Rcd  4115, 4117,  para.  13 (Enf.  Bur. 
2002).  

8Section 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).   

9As  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) and  Western Wireless Corporation, 18  FCC Rcd 10319 
at fn. 56 (2003).

1047 C.F.R.  0.111, 0.311, 1.80(f)(4).

1147 U.S.C.  504(a).

12See 47 C.F.R.  1.1914.

1347 U.S.C.   308(b).