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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
      In the Matter of                                     
                              )      File Number EB-00-AT-528
              La Favorita, Inc.                                                       NAL/Acct. No. X3248004
             Radio Station WAOS                                          
          Austell, GA                                                          


                                             Released:  June  22, 

By Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that La Favorita, Inc. has apparently  violated, 
Sections 1.89(b)  and  17.4(a)  of the  Commission's  Rules1  for 
failing to reply to a Notice of Violation and failing to register 
the station's antenna structure.  We conclude that La Favorita is 
apparently liable  for  a  forfeiture  in  the  amount  of  seven 
thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   On May 19, 1999, an  Agent from the FCC Atlanta  office 
inspected AM  Broadcast station  WAOS in  Austell, Georgia.   The 
agent observed that there was no tower registration number posted 
at the tower as required by the Rules.  
     3.   The FCC  Antenna  Structure Registration  database  was 
checked on May 27, 1999 to determine if there was a record of the 
WAOS tower  registration.  The  database showed  no  registration 
data for the tower.
     4.   On May 27,  1999, a Notice  of Violation (``NOV'')  was 
mailed to La Favorita at their address of record.  The NOV  cited 
the failure  of  the licensee  to  register the  WAOS  tower  and 
required a response within ten days.  The NOV was returned by the 
U.S. Post Office as ``undeliverable, no postal receptacle.''
     5.   On August 31, 1999, the Atlanta FCC office learned that 
the licensee had  a post  office box  address in  Austell, GA  in 
addition to their street address.  The NOV was mailed to the post 
office box address, P.O. Box 746, Austell, GA, 30168.  There  was 
no reply received from the station.  
     6.   On December 14,  1999, an  agent from  the Atlanta  FCC 
office hand-delivered  the  NOV  to the  WAOS  main  studio.   An 
employee of the station  certified by his  signature that he  had 
received the hand delivered NOV.  No reply to the  hand-delivered 
NOV was received from the station.
     7.   On  March  23,  2000,  the  Atlanta  office  mailed   a 
certified letter warning La Favorita that a response had not  yet 
been received from the NOV of  May 19, 1999.  The warning  letter 
included a copy of the  NOV and was sent  to both the address  of 
record and the post office box.  La Favorita received the  letter 
on March  27, 2000,  as  evidenced by  a signed  return  receipt.  
Again, no reply was received from the station.
     8.   On June 2, 2000, WAOS  was re-inspected by an Agent  of 
the Atlanta FCC office.  At the  time of inspection there was  no 
Antenna Structure  Registration number  posted at  the  station's 
tower.  Station personnel could not produce documents that showed 
that the antenna structure for  WAOS had been registered.   After 
the inspection, the FCC  Antenna Structure Registration  database 
was searched.  There was no record  that the WAOS tower had  been 

                        III.  DISCUSSION

     9.   Section  1.89(b)  of  the  Rules  specifies  that   the 
recipient of a Notice of Violation has ten days or the period  of 
time specified in the  NOV to send  a written response.   Section 
17.4(a) of the  Rules requires that  antenna structures that  had 
been assigned painting and lighting requirements prior to July 1, 
1996, be registered with the Commission prior to July 1, 1998.
     10.  Based on  the  evidence  before us,  we  find  that  La 
Favorita willfully2 violated Sections 1.89(b) and 17.4(a) of  the 
Commission's Rules by failing to respond to a Notice of Violation 
and failing to register the  antenna structure for radio  station 
WAOS.  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),  (``Policy  Statement''), sets  the  base  forfeiture 
amount for failure  to reply  to a  Notice of  Violation at  four 
thousand dollars ($4000) and for  failure to file required  forms 
at three thousand dollars ($3,000).3   In assessing the  monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act  of   1934,   as   amended,4  which   include   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.  Applying the Policy Statement and statutory 
factors to the  instant case,  we believe that  a seven  thousand 
dollar ($7,000)  monetary  forfeiture is  warranted  because  the 
record reveals that La Favorita has a history of not replying  to 
Notices of  Violation  and  the  antenna  structure  registration 
violation was repeated.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended5,  and 
Sections 0.111, 0.311  and 1.80  of the  Commission's Rules6,  La 
Favorita is  hereby  NOTIFIED of  its  APPARENT LIABILITY  FOR  A 
FORFEITURE in the amount of  seven thousand dollars ($7,000)  for 
violating Section 1.89(b) of  the Commission's Rules requiring  a 
written response to a Notice of Violation and Section 17.4(a)  of 
the  Commission's  Rules  requiring  antenna  structures  to   be 
registered with the Commission.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's  Rules7,  within  thirty days  of  the  date  of 
release of this NOTICE OF  APPARENT LIABILITY, La Favorita  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     13.  Payment of the  forfeiture may be  made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  by mailing  a  check or  similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3248004.

     14.  The  response  if  any   must  be  mailed  to   Federal 
Communications Commission, Enforcement Bureau, Technical & Public 
Safety Division, 445 12th Street S.W., Washington, D.C. 20554 and 
MUST INCLUDE THE NAL/Acct. No. X3248004. 

     15.  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  documentation 

     16.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.8 

     17.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to La Favorita, Inc. at 5815 Westside Road, Austell, GA 
30106 and a copy to P.O. Box 746, Austell, GA 30168-0746.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Fred L. Broce
                              District Director, Atlanta Office
                              Enforcement Bureau

1 47 C.F.R.  1.89(b) and 17.4(a)

2 Section 312(f)(1) of the Communications Act of 1934, as Amended 
(``Act''), 47 U.S.C.  312(f)(1), which applies to Section 503(b) 
of the Act, provides that ``[t]he term `willful', when used with 
reference to the commission or omission of any act, means the 
conscious and deliberate commission or omission of such act, 
irrespective of any intent to violate any provision of this Act 
....''  See Southern California Broadcasting Co., 6 FCC Rcd 4387 

3 47 C.F.R.  1.80.

4 47 U.S.C.  503(b).

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

6 47 C.F.R.  0.111, 0.311, 1.80.

7 47 C.F.R.  1.80.

8 See 47 C.F.R.  1.1914.