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                 )
                                )
GB Enterprises Communications    )        File Number EB-04-TP-098
Corp.                            )
Licensee of WHNR                 )      NAL/Acct. No. 200532700011
1505 Dundee Road                 )
Winter Haven, Florida 33884      )                  FRN 0009590217
                                )


                        FORFEITURE ORDER

Adopted:  January 20, 2006                                
Released:  January 24, 2006

By the  Regional  Director,  South  Central  Region,  Enforcement 
Bureau:

  I.   INTRODUCTION

     1.   In this Forfeiture Order (``Order''), we issue a 
          monetary forfeiture in the amount of ten thousand five 
          hundred dollars ($10,500) to GB Enterprises 
          Communications Corp. (``GB Enterprises''), licensee of 
          station WHNR in Winter Haven, Florida, for willful and 
          repeated violation of Sections 73.49 and 73.3526 of 
          the Commission's Rules (``Rules'').1  The noted 
          violations involve GB Enterprises' failure to enclose 
          its antenna structures within effective locked fences 
          and failure to maintain a complete public inspection 
          file.
 
II.  BACKGROUND

     2.   On March 22, 2004, agents from the Commission's Tampa, 
          Florida Office of the Enforcement Bureau (``Tampa 
          Office'') inspected radio station WHNR-AM at its 
          studio/transmitter site located on 1505 Dundee Road, 
          Winter Haven, Florida.  The Tampa Office issued a 
          Notice of Violation to GB Enterprises for various 
          violations of the Rules, including violations of 
          Sections 73.49 and 73.3526, for failing to enclose its 
          antenna structures within effective locked fences and 
          failing to maintain a complete public inspection 
          file.2  GB Enterprises responded to the Notice of 
          Violation on November 29, 2004 and claimed to have 
          corrected the noted violations.

     3.   On January 13, 2005, agents from the Tampa Office 
          inspected radio station WHNR-AM at its 
          studio/transmitter site located on 1505 Dundee Road, 
          Winter Haven, Florida.  At the time of the inspection, 
          the station's public file was missing the manual 
          entitled "The Public and Broadcasting" and its radio 
          issues/programs list.  The agents also observed an 
          approximately one-foot gap between the gate and fence 
          of one of the station's antenna structures and a 
          missing gate for another structure's fence. 

     4.   On August 30, 2005, the District Director of the 
          Commission's Tampa Field Office of the Enforcement 
          Bureau (``Tampa Office'') issued a Notice of Apparent 
          Liability for Forfeiture (``NAL'') in the amount of 
          $10,500 to GB Enterprises.3  GB Enterprises filed a 
          response to the NAL on September 4, 2005, stating that 
          it had corrected the violations cited in the NAL.4  

III.  DISCUSSION

     5.   The proposed forfeiture amount in this case was 
          assessed in accordance with Section 503(b) of the 
          Act,5 Section 1.80 of the Rules,6 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 GB Enterprises' 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.7

     6.   Section 73.49 of the Rules requires that antenna towers 
          having radio frequency potential at the base must be 
          enclosed within effective locked fences or other 
          enclosures.  Individual tower fences need not be 
          installed if the towers are contained within a 
          protective property fence.  On March 22, 2004, agents 
          from the Tampa Office inspected WHNR's three antenna 
          structure array and found that the fences surrounding 
          antenna structures one and two were not locked and 
          that those fences had fallen down in several places.  
          In response to the Notice of Violation, GB Enterprises 
          stated that it did not know how the fences became 
          damaged and that it repaired the fences shortly after 
          the inspection.  However, it also stated in its 
          response that, following those repairs, its fences 
          were damaged by hurricanes and that the additional 
          repairs would be completed soon.  On January 13, 2005 
          agents from the Tampa Office again inspected WHNR's 
          three antenna structure array and noticed that the 
          fences surrounding antenna structures one and two 
          appeared similar to their condition on March 22, 2004, 
          except that there were locks and chains attached to 
          the gates.  The agents also observed that the fence 
          surrounding antenna structure three was missing its 
          gate and that there was an approximately one-foot gap 
          between the gate and the fence surrounding antenna 
          structure two.  Because the fences surrounding the 
          antenna structures had large gaps and/or missing 
          gates, the station's antenna structures were not 
          enclosed within effective locked fences.  Moreover, 
          the agents observed that there was no protective 
          property fence surrounding the perimeter of the 
          property.  GB Enterprises does not deny the violations 
          noted in the NAL and merely states that the fences 
          have been repaired.  Thus, based on the evidence, we 
          find that GB Enterprises willfully8 and repeatedly9 
          violated Section 73.49 of the Rules by failing to 
          enclose its station's antenna structures within 
          effective locked fences or other enclosures. 

     7.   Section 73.3526 of the Rules requires AM and FM 
          broadcast stations to maintain for public inspection a 
          public inspection file containing the material, 
          relating to that station, described in  paragraphs 
          (e)(1) through (e)(10), (e)(12), (e)(13), and (e)(14) 
          of this section.10  On March 22, 2004, agents from the 
          Tampa Office requested to inspect the station's public 
          file.  The public file was missing the written 
          designation of the chief operator, the most recent 
          ownership report, the Political File, the ``The Public 
          and Broadcasting'' manual, and the radio 
          issues/programs list.  On January 13, 2005, agents 
          from the Tampa Office again found that station's 
          public file was incomplete.  The file was missing the 
          most recent version of ``The Public and Broadcasting'' 
          manual and the radio issues/programs list.  In its 
          response to the NAL, GB Enterprises does not deny any 
          of these facts and merely states that the station's 
          public file has been updated and contains all of the 
          required information.  Thus, based on the evidence, we 
          find that GB Enterprises willfully and repeatedly 
          violated Section 73.3526 of the Rules by failing to 
          make available a complete public inspection file.      

     8.   We have examined GB Enterprises' response to the NAL 
          pursuant to the statutory factors above,11 and in 
          conjunction with the Forfeiture Policy Statement.  We 
          find no basis for cancellation or reduction of the 
          $10,500 forfeiture proposed for these violations.

IV.  ORDERING CLAUSES

     9.   ACCORDINGLY, IT IS ORDERED that, pursuant to Section 
          503(b) of the Communications Act of 1934, as 
          amended,12 and Sections 0.111, 0.311 and 1.80(f)(4) of 
          the Commission's Rules,13 GB Enterprises 
          Communications Corp. IS LIABLE FOR A MONETARY 
          FORFEITURE in the amount of $10,500 for violation of 
          Sections 73.49 and 73.3526 of the Rules.

     10.  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.14  
          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 bycheck or money order may be mailed 
          to Federal Communications Commission, P.O. 
          Box358340,Pittsburgh, PA 15251-8340. Payment by 
          overnight mail may be sent toMellon 
          Bank/LB358340,500 Ross Street, Room 1540670, 
          Pittsburgh, PA 15251. Payment by wire transfer may 
          be made to ABA Number043000261, receiving bankMellon 
          Bank, and account number911-6106.  Requests for full 
          payment under an installment plan should be sent to: 
          Associate Managing Director, Financial Operations, 445 
          12th Street, S.W., Room 1A625, Washington, D.C. 
          20554.15
     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 GB Enterprises Communications 
          Corp. at its address of record. 


                         FEDERAL COMMUNICATIONS COMMISSION
                         


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

1 47 C.F.R.  73.49, 73.3526.

2 Notice of  Violation, NOV  No. V20043270006  (Enf. Bur.,  Tampa 
Office, May 5, 2004).

3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532700011 (Enf. Bur., Tampa Office, released August 30, 2005).

4 The Tampa Office did  not receive this response until  December 
15, 2005.

5 47 U.S.C.  503(b).

6 47 C.F.R.  1.80.

7 47 U.S.C.  503(b)(2)(D).

8 Section 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 (1991).   

9  The  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).

10 47 C.F.R.  73.3526.

11  Although  GB  Enterprises   did  not  request  reduction   or 
cancellation of its proposed forfeiture, we note that  corrective 
action  taken  to  come  into  compliance  with  the  Rules   and 
cooperation with  agents is  expected, and  does not  nullify  or 
mitigate any prior forfeitures or violations.  See Seawest  Yacht 
Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

12 47 U.S.C.  503(b).

13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

14 47 U.S.C.  504(a).

15 See 47 C.F.R.  1.1914.