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                  )
                              )  )
File No. EB-03-TP-231             )   File No. EB-03-CF-401
Louisa Communications, Inc.    )  )                              )
WZAQ                              )   FRN 0007006884
Louisa, Kentucky               )  )   NAL/Acct. No. 200432340001
NAL/Acct. No. 200332700030        )
                             )   )   FRN 0003-7801-03
                              )
FRN 0007006884
                              )
                             ) 
 

                      FORFEITURE ORDER


Adopted:  November 9, 2004                             
Released:  November 12, 2004

         
By the Assistant Chief, Enforcement Bureau:


                         I.   INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of two thousand dollars 
($2,000) to Louisa Communications, Inc., (``Louisa''), 
licensee of Station WZAQ, Louisa, Kentucky, for repeated 
violation of Section 17.4(a)(2) of the Commission's Rules 
(``Rules'').1 The noted violation involves Louisa's failure 
to register its antenna structure.  

     2.   On January 12, 2004, the Commission's Columbia, 
Maryland District Office (``Columbia Office'') issued a 
Notice of Apparent Liability for Forfeiture (``NAL'') to 
Louisa, in the amount of three thousand dollars ($3,000).2  
Louisa filed a response to the NAL on March 10, 2004.

     3.          In its response to  the NAL, Louisa did not 
dispute the  violation set forth  in the NAL,  but requested 
cancellation of the proposed  forfeiture, contending that it 
cannot  afford to  pay  the forfeiture.  In  support of  its 
request  for cancellation  due to  inability to  pay, Louisa 
submitted  its  corporate tax  returns  for  the years  2001 
through 2003. Louisa also claimed that its owner, Mr. Harold 
G.  Britton, was  not aware  that the  antenna needed  to be 
registered and  thought that all reporting  requirements had 
been taken care of by Louisa's attorney. 

II.   DISCUSSION

     4.          Commission  records indicate  that Louisa's 
license for  WZAQ was issued  on January 16,  1992.  Because 
Louisa admits  that the tower  was not registered as  of the 
date of the  inspection by the Commission on  July 16, 2003, 
we  find  that  the  violation  of  Section  71.4(a)(2)  was 
repeated.3   Therefore,  we  need not  address  whether  the 
violation was  willful.4 We  concur, however,  with Louisa's 
assertion that the forfeiture should  be reduced in light of 
its inability to pay.  Accordingly, we reduce the forfeiture 
amount to two thousand dollars ($2,000).

III.   ORDERING  CLAUSES

     5.          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,5  Louisa Communications  IS LIABLE 
FOR  A MONETARY  FORFEITURE in  the amount  of two  thousand 
dollars ($2,000) for repeatedly violating Section 17.4(a)(2) 
of the Rules. 

     6.        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.6  Payment may be made 
by  credit card  through  the Commission's  Credit and  Debt 
Management Center at (202) 418-1995 or 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.  
Payment by overnight mail may  be sent to Bank One/LB 73482, 
525  West  Monroe,  8TH Floor  Mailroom,  Chicago,  Illinois 
60661.  Payment by  wire transfer may be made  to ABA Number 
071000013,  receiving  bank  Bank One,  and  account  number 
1165259.   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, Credit and  Debt Management 
Center, 445 12th Street, S.W., Washington, D.C. 20554.7 

     7.          IT IS FURTHER ORDERED  that, a copy of this 
Order  shall  be  sent  by  Certified  Mail  Return  Receipt 
Requested and by First Class  Mail to Harold G. Britton, 112 
Madison Street, P. O. Box 176, Louisa, KY 41230.

                              FEDERAL COMMUNICATIONS 
                              COMMISSION

                              George R. Dillon
                              Assistant Chief, Enforcement 
                         Bureau
_________________________

147 C.F.R.  17.4(a)(2).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432340001 (Enf. Bur.,  Columbia Office, released January 
12, 2004).

3  Section 312(f)(2)  of  the Act,  47  U.S.C.  312(f)(2), 
which  applies  to  violations for  which  forfeitures  are 
assessed under Section  503(b) of the Act,  provides that 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).

4 Section 503(b)(1)(B) of  the Act, 47 U.S.C 503(b)(1)(B), 
authorizes  imposition of  forfeiture  for  any person  who 
``willfully  or  repeatedly  failed   to  comply  with  any 
provisions of  this Act  or with  any rule,  regulation, or 
order issued by the Commission under this Act...''

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

6 47 U.S.C.  504(a).

7See 47 C.F.R.  1.1914.