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

In the Matter of                  )
WBLT, Inc.                        )       File Number EB-04-NF-042
Owner of Antenna Structure #      )     NAL/Acct. No. 200532640001
1242296                           )                 FRN 0006362651
Bedford, VA                       )

                      FORFEITURE ORDER

Adopted:  June 6, 2005                                                                            
Released:  June 8, 2005

By the Regional Director,  South Central Region, Enforcement 


     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of three thousand dollars 
($3,000) to WBLT, Inc. (``WBLT''), owner of an antenna 
structure located at or near geographic coordinates 37º 20' 
50.5'' N, 79º 31' 24'' W, Bedford, Virginia, for willful and 
repeated violation of Section 17.4(a) of the Commission's 
Rules (``Rules'').1  The noted violation involves WBLT's 
failure to register its antenna structure.


     2.   WBLT acquired the license for AM station WBLT in 
Bedford, Virginia on April 12, 2002.  The license for the 
previous licensee specified that the antenna structure 
located at or near geographic coordinates 37º 20' 50.5'' N, 
79º 31' 24'' W must be painted and lit.  In response to 
receiving information about WBLT failing to renew its 
broadcast station license in a timely manner, an agent from 
the Commission's Norfolk Office of the Enforcement Bureau 
(``Norfolk Office'') conducted an inspection of the station 
on February 27, 2004.  During that inspection, the agent 
observed that a registration number was not posted on the 
antenna structure behind the station's studio, at or near 
geographic coordinates 37º 20' 50.5'' N, 79º 31' 24'' W.  On 
February 27, 2004, the sole officer, director, and owner of 
WBLT admitted that WBLT owned the antenna structure.  He was 
aware of the painting and lighting requirements for the 
structure and had repaired the structure's lights in August 
2003.  He also provided a copy of a letter from the Federal 
Aviation Administration dated February 12, 2004, which 
stated that the antenna structure would not pose a hazard to 
air navigation provided it was painted and lit.  Finally, he 
admitted that he had not registered the structure since WBLT 
purchased it.   

     3.   On February 25, 2005, the Norfolk Office issued a 
Notice of Apparent Liability for Forfeiture to WBLT in the 
amount of three thousand dollars ($3,000) for the apparent 
willful and repeated violation of Section 17.4(a) of the 
Rules.2  On March 2, 2005, WBLT submitted a response to the 
NAL requesting a reduction of the proposed forfeiture.       


     4.   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 WBLT'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

     5.   Section 17.4(a) of the Rules states 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.6  WBLT admitted during the 
inspection on February 27, 2004 and in its response that it 
did not register its antenna structure prior to the agent's 
inspection.  On March 1, 2004, WBLT obtained registration 
number 1242296 for its antenna structure.  Thus, based on 
the evidence, we find that WBLT willfully7 and repeatedly8 
violated Section 17.4(a) of the Rules by failing to register 
its antenna structure.

     6.   WBLT asserts the proposed forfeiture should be 
reduced because it registered its antenna structure within 
two days of the agent's inspection.  However, corrective 
action taken to come into compliance with the Rules is 
expected, and does not nullify or mitigate any prior 
forfeitures or violations.9  Further, we note that WBLT was 
required to register its tower when it acquired the tower in 
2002.  WBLT also requests a reduction, because it believes 
it is irrational to impose the same forfeiture on small and 
large violators for a particular violation.  WBLT, however, 
explicitly states that it does not seek a reduction based on 
inability to pay.  Assessing forfeitures based on Section 
503(b) of the Act, Section 1.80 of the Rules and the 
Forfeiture Policy Statement is rational, because it imposes 
a consistent, fair, and predictable system for entities that 
do business with the Commission.  We do not find it 
appropriate to reduce a forfeiture simply because WBLT 
claims it is a ``relatively minimal operation.''  Finally, 
we reject WBLT's request to reduce the proposed forfeiture 
based on its history of compliance with the Rules.  
According to Commission records, WBLT failed to submit a 
license renewal application in a timely fashion during the 
renewal cycle, e.g., prior to October 1, 2003, in apparent 
violation of Section 73.3539 of the Rules.  WBLT submitted 
its license renewal application after it was contacted by 
the Media Bureau that its license had expired.  Accordingly, 
we conclude that WBLT does not have a history of compliance 
with the Rules and is not entitled to receive a reduction on 
those grounds.

     7.   We have examined WBLT'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 WBLT willfully and repeatedly 
violated Section 17.4(a) of the Rules.  We find no basis for 
cancellation or reduction of the $3,000 forfeiture proposed 
for these violations.  


     8.   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 WBLT, Inc. IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of three thousand hundred dollars 
($3,000) for willfully and repeatedly violating Section 
17.4(a) of the Rules. 

     9.   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 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 Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, PA 
15251-8340.  Payment by overnight mail may be sent to Mellon 
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251.   Payment by wire transfer may be made to ABA 
Number 043000261, receiving bank Mellon Bank, and account 
number 911-6106.  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. 

     10.  IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class and Certified Mail Return 
Receipt Requested to WBLT, Inc. at its address of record and 
its counsel, Peter Gutmann, Womble, Carlyle, Sandridge & 
Rice, PLLC, 1401 Eye Street, NW, Seventh Floor, Washington, 
DC 20005.  

                              FEDERAL COMMUNICATIONS 

                              Dennis P. Carlton
                              Regional Director, South 
                         Central Region 
                              Enforcement Bureau

147 C.F.R. § 17.4(a).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532640001 (Enf. Bur., Norfolk Office, February 25, 2005) 

347 U.S.C. § 503(b).

447 C.F.R. § 1.80.

547 U.S.C. § 503(b)(2)(D).

647 C.F.R. § 17.4(a). 

7Section 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 

8The  term ``repeated,''  when used  with reference  to the 
commission or  omission of any act,  ``means the commission 
or  omission  of  such  act  more than  once  or,  if  such 
commission  or omission  is continuous,  for more  than one 
day.''  47 U.S.C. § 312(f)(2).

9See  Seawest Yacht  Brokers, Forfeiture  Order, 9  FCC Rcd 
6099 (1994).

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.