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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
WOYK Inc. ) File No.: EB-10-PA-0308
Licensee of Radio Station WOYK(AM) ) NAL/Acct. No.: 201232400004
Owner of Antenna Structure Number ) FRN: 0005-02-3106
) Facility ID #: 73873
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 22, 2012 Released: May 22, 2012
By the Acting District Director, Philadelphia Office, Northeast Region,
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that WOYK Inc. (WOYK), licensee of AM Station WOYK in York,
Pennsylvania (Station), and owner of antenna structure number 1029251
(Antenna Structure), apparently willfully and repeatedly violated
Section 73.49 of the Commission's rules (Rules) by failing to enclose
the Antenna Structure within an effective fence or enclosure. We
conclude that WOYK is apparently liable for a forfeiture in the amount
of seven thousand dollars ($7,000).
2. On December 17, 2010, agents from the Enforcement Bureau's
Philadelphia Office (Philadelphia Office) conducted an inspection of
the Station's transmitter site in York, Pennsylvania and the Antenna
Structure. The agents observed that the hasp on the gate of the fence
enclosing the Antenna Structure was broken, which prevented the gate
from closing and allowed unrestricted access to the base of the
Antenna Structure. Based on the condition of the hasp, it appeared to
the agents that the hasp had been in disrepair for an extended period
of time. In addition, the property on which the Antenna Structure is
located was not enclosed by a protective property fence and there is a
nearby residential area.
3. During a telephone conversation on December 17, 2010, the Station's
President informed the agent that he would immediately schedule an
inspection of the Antenna Structure. The Station's President contacted
the agent that same day and reported that he fixed the hasp and
secured the gate around the Antenna Structure.
4. Section 503(b) of the Communications Act of 1934, as amended (Act),
provides that any person who willfully or repeatedly fails to comply
substantially with the terms and conditions of any license, or
willfully or repeatedly fails to comply with any of the provisions of
the Act or of any rule, regulation, or order issued by the Commission
thereunder, shall be liable for a forfeiture penalty. Section
312(f)(1) of the Act defines "willful" as the "conscious and
deliberate commission or omission of [any] act, irrespective of any
intent to violate" the law. The legislative history to Section
312(f)(1) of the Act clarifies that this definition of willful applies
to both Sections 312 and 503(b) of the Act, and the Commission has so
interpreted the term in the Section 503(b) context. The Commission may
also assess a forfeiture for violations that are merely repeated, and
not willful. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
A. Failure to Enclose the Antenna Structure Within an Effective Locked
5. Section 73.49 of the Rules requires that antenna towers having radio
frequency (RF) potential at the base (series fed, folded unipole, and
insulated base antennas) must be enclosed within effective locked
fences or other enclosures. The Antenna Structure has RF potential at
its base. On December 17, 2010, agents observed an unlocked gate to
the fence surrounding the Antenna Structure which allowed unrestricted
access to the base of the Antenna Structure. The agents observed that
the gate could not be secured because of a broken hasp and that the
extent of the damage to the hasp clearly indicated that the gate had
been unlocked for an extended period of time. The agents also observed
that there was no perimeter fence surrounding the property. Based on
the evidence before us, we find that WOYK apparently willfully and
repeatedly violated Section 73.49 of the Rules by failing to enclose
the Antenna Structure within an effective locked fence.
A. Proposed Forfeiture
6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for an AM fencing
violation is $7,000. In assessing the monetary forfeiture amount, we
must also take into account the statutory factors set forth in Section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, 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.
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
statutory factors to the instant case, we conclude that WOYK is
apparently liable for a forfeiture in the amount of $7,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Commission's rules, WOYK Inc., is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
seven thousand dollars ($7,000) for violation of Section 73.49 of the
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, WOYK Inc.,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
9. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and FRN
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer-Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. WOYK Inc. will send
electronic notification on the date said payment is made to
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, Northeast
Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and include
the NAL/Acct. No. referenced in the caption. WOYK Inc. also shall
email the written response to NER-Response@fcc.gov.
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to WOYK Inc. at 1360 Copenhaffer Road,
York, Pennsylvania, 17404.
FEDERAL COMMUNICATIONS COMMISSION
Acting District Director
47 C.F.R. S: 73.49.
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the [A]ct
(e.g., section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied,
7 FCC Rcd 3454 (1992).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) (Callais
Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under section 503(b) of
the Act, provides that "[t]he 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." See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
47 C.F.R. S: 73.49.
See File No. BR-20060306BCI.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204 0.311, 0.314, 1.80,
See 47 C.F.R. S:1.1914.
47 C.F.R. S:S: 1.16, 1.80(f)(3).
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Federal Communications Commission DA 12-800
Federal Communications Commission DA 12-800