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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
M.R.S. Ventures, Inc. File Number EB-07-OR-014
Licensee of WDSK-AM NAL/Acct. No. 200732620004
Cleveland, MS FRN 0005013222
Facility ID # 16554
Adopted: June 6, 2007 Released: June 8, 2007
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of seven thousand dollars ($7,000) to M.R.S. Ventures,
Inc., ("M.R.S."), licensee of radio station WDSK-AM, in Cleveland,
Mississippi for repeated violation of Section 73.49 of the
Commission's Rules ("Rules"). The noted violation involves M.R.S.'
failure to enclose an antenna tower with radio frequency potential at
the base within an effective locked fence.
2. On February 7 and February 8, 2007, in response to a complaint, agents
from the Commission's New Orleans Field Office of the Enforcement
Bureau ("New Orleans Office") inspected radio station WDSK-AM in
Cleveland, MS. On both days, the hasp on the gate of the fence
enclosing the antenna structure, which has RF potential at the base,
was broken, allowing easy access. The latch on the gate could not be
secured because of the condition of the hasp. There was no perimeter
fence around the property. On February 8, 2007, the station manager
stated he was unaware of the condition of the fence surrounding the
3. On May 1, 2007, the New Orleans Office issued a Notice of Apparent
Liability for Forfeiture to M.R.S. in the amount of seven thousand
dollars ($7,000), for the apparent repeated violation of Section 73.49
of the Rules. M.R.S. submitted a response to the NAL requesting a
reduction or cancellation of the proposed forfeiture.
4. The proposed forfeiture amounts in this case was assessed in
accordance with Section 503(b) of the Communications Act of 1934, as
amended, Section 1.80 of the Rules, 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 M.R.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. 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. However, individual tower fences
need not be installed if the towers are contained within a protective
property fence. On February 7 and February 8, 2007, the gate of the
fence surrounding WDSK-AM's antenna structure was not secured and
could be easily opened, providing ready access to the base of the
structure. This antenna structure was confirmed to have radio
frequency at the base. There was no perimeter fence around the
property. Therefore, the antenna structure was not enclosed within an
effective locked fence or protective property fence on more than one
day. Based on the evidence before us, we find that on February 7 and
8, 2007, M.R.S. repeatedly violated Section 73.49 of the Rules by
failing to enclose its antenna structure within an effective locked
6. M.R.S.' response to the NAL does not dispute these facts. Instead
M.R.S. raises issues related to the willfulness of the violation.
M.R.S. asserts that it regularly inspects the fence and that the hasp
was not damaged less than a week prior to the inspection. However, as
the NAL concluded that M.R.S. was apparently liable for repeated
violations, not willful violations, M.R.S.' response raises no issues
that would warrant reduction or cancellation of the forfeiture. M.R.S.
also states that it repaired the hasp within two hours of the
inspection on February 8, 2007 and has increased the frequency of its
fence inspections. Corrective action taken to come into compliance
with the Rules is expected, however, and does not nullify or mitigate
any prior forfeitures or violations.
7. We have examined M.R.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 no reduction of
the proposed $7,000 forfeiture is warranted.
IV. ORDERING CLAUSES
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, M.R.S. Ventures, Inc. IS LIABLE
FOR A MONETARY FORFEITURE in the amount of seven thousand dollars
($7,000) for violation of Section 73.49 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. 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: Associate Managing Director, Financial Operations,
445 12th Street, S.W., Room 1A625, Washington, D.C. 20554.
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to M.R.S. Ventures,
Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 C.F.R. S 73.49.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620004
(Enf. Bur., New Orleans Office, May 1, 2007) ("NAL").
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
47 U.S.C. S 503(b)(2)(E).
47 C.F.R. S 73.49.
We note that M.R.S.' response to the NAL was not provided under penalty of
perjury and did not include any supporting documentation. In addition,
M.R.S. failed to mention contemporaneous to the inspection that it had
recently inspected the fence.
M.R.S. also asserts that its antenna structure is located on a dead end
road that is often closed. However, this fact has no bearing on whether
its antenna structure was enclosed within an effective locked fence. In
addition, on February 7 and 8, 2007, the road was open, as the agents were
able to reach the antenna structure.
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
47 U.S.C. S 503(b); 47 C.F.R. SSS 0.111, 0.311, 1.80(f)(4), 73.49.
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-2349
Federal Communications Commission DA 07-2349