Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
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,
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.
2. WKLC, Inc. is the licensee of WJYP (AM) and the
owner of the station's antenna structure located at approximately
38º 23' 43'' North Latitude and 82º 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
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.
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
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
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
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
4 47 C.F.R. § 73.1690(b)(1).
5 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).