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


In the Matter of                  )
                                 )
WCVC, Inc.                        )   File No. EB-02-TP-314
Licensee of Station WCVC(AM),     )   NAL/Acct. No. 200332700001
Tallahassee, Florida              )   FRN # 0003-7830-40

  



                MEMORANDUM OPINION AND ORDER 

Adopted:  December 14, 2004                            
Released:  December 16, 2004

By the Chief, Enforcement Bureau:

     1.   In this Memorandum Opinion and Order (``Order''), 
we deny the petition for reconsideration filed by WCVC, Inc. 
(``WCVC''), licensee of Station WCVC(AM), Tallahassee, 
Florida.  WCVC seeks reconsideration of the Forfeiture 
Order,1 in which the Chief, Enforcement Bureau (``Bureau''), 
found it liable for a monetary forfeiture in the amount of 
seven thousand dollars ($7,000) for willful violation of 
Section 73.49 of the Commission's Rules (``Rules'').2  The 
noted violation involves WCVC's failure to effectively fence 
its antenna structure.

     2.   On August 7, 2002, agents from the Commission's 
Tampa, Florida Office (``Tampa Office'') conducted an on-
site inspection of Station WCVC and observed a violation of 
Section 73.49 of the Rules. On October 22, 2002, the Tampa 
Office released a Notice of Apparent Liability for 
Forfeiture (``NAL'') 3 in the amount of seven thousand 
dollars ($7,000) against WCVC for the noted violation.  In 
its response to the NAL, WCVC admitted that part of the 
fence around its antenna structure was down but argued that 
it did not willfully violate Section 73.49 of the Rules and 
sought cancellation of the proposed forfeiture.  On February 
4, 2004, the Bureau rejected WCVC's argument and issued a $ 
7,000 Forfeiture Order to WCVC for the noted violation.  In 
the petition for reconsideration of the Forfeiture Order, 
WCVC ``does not contest the $7,000 fine for the offense'' 
but contends that it is unable to pay the forfeiture and 
provides financial information to support that claim.

     3.   As we stated in the NAL, the Commission will not 
consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the petitioner submits: (1) 
federal tax returns for the most recent three-year period; 
(2) financial statements prepared according to generally 
accepted accounting practices (``GAAP''); or (3) some other 
reliable and objective documentation that accurately 
reflects the petitioner's current financial status.  We find 
nothing in the financial data submitted4 which would support 
cancellation of the forfeiture or a reduction based upon 
financial hardship.5

     4.   Accordingly, IT IS ORDERED that, pursuant to 
Section 405 of Act and Section 1.106 of the Rules, WCVC's 
petition for reconsideration of the Bureau's Forfeiture 
Order issued on February 4, 2004, IS DENIED and the issuance 
of the $7,000 forfeiture IS AFFIRMED.  

     5.   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 of the forfeiture must 
be made by check or similar instrument, payable to the order 
of the Federal Communications Commission.  The payment must 
include the NAL/Acct. No. and FRN No. referenced above.  
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. 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. 20554.7  

     6.   IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class and Certified Mail Return 
Receipt Requested to Wendell Borrink, President, WCVC, Inc., 
117  Henderson Road, Tallahassee, Florida 32312.  

                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         
                              David H. Solomon
                              Chief, Enforcement Bureau






_________________________

1 19 FCC Rcd 1916 (Enf. Bur. 2004).

2 47 C.F.R.  73.49.

3 See Notice of Apparent Liability for Forfeiture, NAL/Acct. 
No. 200332700001 (Enf. Bur., Tampa Office, released October 
22, 2002). 

4  The  Commission  has  determined  that,  in  general,  a 
licensee's  gross revenues  are the  best indicator  of its 
ability  to pay  a forfeiture.   See PJB  Communications of 
Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992). 

5 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).

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

7 See 47 C.F.R.  1.1914.