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-CF-472
WKLC, Inc.                       )
WJYP(AM)                         )    NAL/Acct. No. 200432340002
St. Albans, West Virginia        )
                                )    FRN:  0002-0120-03


                  MEMORANDUM OPINION AND ORDER
   
Adopted:  August 10,  2005              Released:  August 12, 
2005

By the Acting Chief, Enforcement Bureau:

     1.        In this Memorandum Opinion and Order (``Order), we 
cancel a proposed monetary forfeiture issued to WKLC, Inc. 
(``WKLC'')1 for alleged willful and repeated violation of the 
Commission's Rules (``Rules'') requiring the registration and 
painting of antenna structures.2  Based on the information now 
before us, the Enforcement Bureau (Bureau) finds that no 
forfeiture should be imposed, contingent upon WKLC fulfilling the 
condition imposed herein.  

     I.A.      Background

     2.        WKLC, Inc. is  the licensee of  WJYP (AM) and  the 
owner of the station's antenna structure located at approximately 
38 23' 43'' North Latitude and 82 51' 00'' West Longitude, near 
St. Albans, West Virginia.  On July 23, 2003, as part of  ongoing 
inspections  of  radio   operations,  the  Bureau   investigators 
observed apparent violations of the Commission's rules  requiring 
the   registration   and   painting   of   antenna    structures.  
Specifically, the investigator noted that the tower at the listed 
coordinates had never been  painted.  Moreover, the  investigator 
noted that  the  tower  was  a  replacement  for  the  originally 
registered tower  and that  the replacement  was not  registered.  
Accordingly, the Bureau issued a Notice of Apparent Liability for 
Forfeiture,  proposing  a  $13,000  forfeiture  for  the  alleged 
violations.

     3.   WKLC, Inc.  responded to the NAL  on March 29, 2004.  
In its response, WKLC stated that the antenna structure is exempt 
from the Commission's registration and painting requirements 
because the structure itself is less than 200 feet in height.  It 
bases this argument on a declaration provided by Fred A. Francis, 
President of Francis Technical Services, the contract engineer 
for Station WJYP.  Mr. Francis declares that an employee of A&B 
Communications climbed the ``WYYP'' (sic) tower and dropped a 100 
foot tape measure, while another member of his crew placed a mark 
on the tower at that level.  The two employees then determined 
that the measurement from the mark to the ground was 97 feet 7 
inches.   Therefore, states Mr. Francis, the measurement of the 
tower is 197 feet 7 inches.

     4.   Mr. Francis further declares that the tower consists of 
twenty 10-foot sections that sit on a two-foot concrete pier with 
a one-foot insulator.  The tower sections are each 10 feet in 
height, but 3.5 inches of each section end inserts into the next 
section for bolting purposes; therefore, he states, 3.5 inches in 
tower height are lost for each section.  For twenty sections, Mr. 
Francis calculates a total loss of five feet 10 inches; in 
addition, the tower has a top plate, which he states adds an 
additional 3 inches to the height.  Calculating the loss for each 
section plus the top plate, Mr. Francis states that the tower 
measures 197 feet 7 inches.

     I.B.      Discussion

     5.   On the basis of the new information provided by WKLC in 
its response to the Bureau's NAL, we conclude that actual height 
of the station's new replacement antenna structure, which was 
constructed in 2002, is 197 feet, 5 inches.3  Because the 
structure measures less than 200 feet, it does not require notice 
of proposed construction to the Federal Aviation Administration 
and, thus, is not subject to the Commission's antenna structure 
registration rules.  For the same reason, the structure also is 
not subject to the painting requirements of Section 17.50 of the 
Commission's Rules.  Accordingly, those rule sections were not 
violated by the structure in question and no forfeiture should be 
imposed.

     6.        Although we conclude that no violation of Sections 
17.4(a)(2) and 17.50 of the Rules has occurred, we have found no 
information in the Commission records to indicate that WKLC, Inc. 
ever sought authorization to construct a replacement tower at a 
new height.  Replacing an authorized tower with a tower of 
different height at the same location requires prior approval by 
the Commission.   See Section 73.1690(b)(1) of the  Rules.4  

     7.        Accordingly, we require, pursuant to Section 
308(b) of the Communications Act of 1934, as amended, that WKLC 
submit a report to the Enforcement Bureau within 30 days of the 
release of this Order demonstrating that it has filed an FCC Form 
301 application for construction permit specifying the correct 
height of the tower and an FCC Form 302 application for license.   
WKLC's report must be submitted in the form of an affidavit or 
declaration, under penalty of perjury, and signed by an officer 
or director of the declarant.  WKLC should note that its 
noncompliance could result in enforcement action.  Further, we 
ADMONISH WKLC, Inc. for its failure to report the replacement of 
its original antenna structure.

     I.C.      Ordering Clauses

     8.        Accordingly, IT IS ORDERED that, pursuant to 
Section 504(b) of the Act and Section 1.80(f)(4) of the Rules,5 
the instant Notice of Apparent Liability for Forfeiture, 
NAL/Acct. No. 200432340002, IS CANCELED.  

     9.         IT IS FURTHER ORDERED that WKLC, Inc. is hereby 
ADMONISHED for its failure to report the replacement of its 
original antenna structure. 

     10.  IT IS FURTHER ORDERED that, pursuant to Section 308(b) 
of the Act, WKLC, Inc. must submit the report described in 
paragraph seven (7) above no later than thirty (30) days from the 
release date of this Order to:  Federal Communications 
Commission, Enforcement Bureau, Spectrum Enforcement Division, 
445 12th Street, S.W., Washington, D.C. 20554, Attention:  Susan 
Magnotti, Esquire.


     11.       IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by first class mail and certified mail, return 
receipt requested, to Lynn Martin, President, WKLC, Inc., Station 
WJYP(AM) c/o LM Communications, Inc., 100 Kanawha Terrace, St. 
Albans, West Virginia 25177, and to its counsel, Sally A. 
Buckman, Leventhal Senter & Lerman PLLC, 2000 K Street, N.W., 
Suite 600, Washington, D.C.  20006.





                              FEDERAL COMMUNICATIONS COMMISSION
                         



                                                                       
     Kris Anne Monteith                                                       
     Acting Chief, Enforcement Bureau
_________________________

1  Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432340002 (Enf. Bur., Columbia, MD Office, released  February 
27, 2004).
2   Antenna  structures  over  200   feet  are  required  to   be 
registered, painted and lighted. 47 C.F.R.  17.4(a)(2), 17.50.  
3 Although WKLC's antenna contractor measured and calculated  197 
feet  7  inches,  our  calculations,  based  on  the  information 
provided, show that  the antenna  structure measures  197 feet  5 
inches.
4 47 C.F.R.  73.1690(b)(1).  
5  47 U.S.C.  504(b); 47 C.F.R.  1.80(f)(4).