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                         Before the
                   Washington, D.C. 20554

In the Matter of                   )
Culpeper Broadcasting Corporation       )    File No. EB-99-
WCVA                          )
Culpeper, VA                       )    NAL/Acct. No. 


     Adopted: February 7, 2000          Released:   February 

7, 2000

By the Enforcement Bureau: Columbia Office

                      I.  INTRODUCTION

     1.  This is a Notice of Apparent Liability for monetary 

forfeiture  issued   pursuant  to  Section  503(b)   of  the 

Communications  Act of  1934, as  amended, (the  ``Act'') 47 

U.S.C. § 503(b), and Section  1.80 of the Commission's Rules 

(the ``Rules"),  47 C.F.R. § 1.80,  to Culpeper Broadcasting 

Corporation,  licensee  of   WCVA,  Culpeper,  Virginia  for 

willful violation  of Sections  73.49 and 73.1560(a)  of the 

Rules,  47 C.F.R.  §  73.49, failure  to maintain  effective 

locked fence  around the base  of each antenna  having radio 

frequency potential  at the base, and  § 73.1560(a), failure 

to maintain  power within  90% to  105% of  authorized.  The 

appropriate  amount  of  forfeiture for  this  violation  is 

determined to be nine thousand dollars ($9,000). 

                       II.  BACKGROUND

     2.   Station WCVA,  licensed  to Culpeper  Broadcasting 

Corporation,  was inspected  on November  16, 1999  by Agent 

James Walker from the  Commission's Columbia, Maryland Field 

Office.   During that  inspection,  it  was discovered  that 

several  vertical   boards  were  missing  from   the  fence 

enclosing the  base of  the antenna  tower.  When  a station 

staff  member was unable  to locate  a key  to the  gate, he 

swung the hinge  side of the gate away from  the fence.  His 

ease  in moving  the gate  and apparent  confidence that  it 

would move,  indicated to  the inspector  that he  had prior 

knowledge  that the  gate  hinges were  not  secured to  the 

fence.  Each  of these  deficiencies would  allow relatively 

easy access  to the shunt  excited antenna tower,  which has 

radio frequency potential at the base.

     3.  Also during that inspection, it was determined that 

the  station  was  operating  at  942  watts  (138%  of  the 

authorized  680 watts).   There  was a  memo  posted on  the 

station's transmitting equipment explaining how to calculate 

the power and specifying the  authorized power of 680 watts, 

as well as the upper and lower limits.

     4.  A  Notice of Violation  was issued on  November 23, 

1999 detailing these and other violations noted.  In a reply 

received December 9, 1999, Culpeper Broadcasting Corporation 

states that the  fence has been repaired  and that operators 

will be  re-trained ``to better understand  the significance 

of the findings after taking the transmitter readings.''

                      III.  DISCUSSION

     5.  Section  73.49 of the Rules  requires that antennas 

having  radio frequency  potential at  the base  be enclosed 

within  an  effective  locked   fence  or  other  enclosure. 

Culpeper  Broadcasting  Corporation  failed to  have  WCVA's 

antenna enclosed  within an effective locked  fence or other 

enclosure  on at  least November  16, 1999.   The licensee's 

representative indicated, by a  statement and his actions, a 

prior knowledge that the fence was not secure.

     6.   Section  73.1560(a)  requires  that  AM  broadcast 

stations maintain the antenna input power within 90% to 105% 

of the authorized power.  The presence of clear instructions 

posted on the transmitting equipment detailing the limits of 

the operating power and how to determine it is evidence that 

the licensee was aware of the requirement.

     7.   Based on  the  evidence before  us,  we find  that 

Culpeper  Broadcasting  Corporation   operated  in  willful1 

violation of Sections 73.49 and 73.1560(a) of the Rules. The 

Commission's Forfeiture  Policy Statement  12 FCC  Rcd 17087 

(1997), (``Policy  Statement''), sets  the base  amounts for 

these violations at seven  thousand dollars ($7,000) for the 

fencing violation and four thousand dollars ($4,000) for the 

operating  power  violation.    In  assessing  the  monetary 

forfeiture  amount,  we  must  also take  into  account  the 

statutory  factors set  forth in  Section 503(b)(2)(D)  that 

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 monetary  forfeiture in the 

amount of nine thousand  dollars ($9,000) is warranted. This 

amount  reflects a  reduction for  the violation  of section 

73.1560(a), overpower,  of 50% due to  the station's history 

of compliance.  However, due  to the safety issue concerning 

the lack of tower base  protection, the base amount of seven 

thousand dollars ($7,000) for  violation of Section 73.49 is 


                    IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 

Section  503(b)  of  the  Communications Act,  47  U.S.C.  § 

503(b),  and  Section 1.80  of  the  Commission's Rules,  47 

C.F.R. §  1.80, Culpeper Broadcasting Corporation  is hereby 


amount  of  nine  thousand dollars  ($9,000)  for  violating 

Sections  73.49 and  73.1560(a) of  the Commission's  Rules.  

The amount  specified was determined after  consideration of 

the factors set forth in Section 503(b)(2)(D) of the Act, 47 

U.S.C. §  503(b)(2)(D) and the guidelines  enumerated in the 

Policy Statement.

     9.  IT  IS FURTHER  ORDERED THAT, pursuant  to Sections 

1.80(f)(3) and (h)  of the Commission's Rules,  47 C.F.R. §§ 

1.80(f)(3) and (h),  within thirty (30) days of  the date of 

release  of  this  NOTICE OF  APPARENT  LIABILITY,  Culpeper 

Broadcasting Corporation  SHALL PAY  the full amount  of the 

proposed forfeiture or SHALL FILE a written response showing 

why the  forfeiture should be  reduced or not  imposed.  Any 

written response  must include a detailed  factual statement 

and supporting documentation.2  Forfeitures shall be paid by 

check,  money order,  or credit  card, with  the appropriate 

documentation,  made payable  to the  Federal Communications 

Commission.3   The remittance  should be  marked ``NAL/Acct. 

No: X3234001'', and mailed to the following address:
                    Federal Communications Commission
                    P.O. Box 73482
                    Chicago, IL  60673-7482

Send or mail any written responses regarding the reasons why 

the forfeiture should be reduced or not imposed to:4
                    Office of the Secretary
                    Federal Communications Commission
                    445 12th Street, S. W.
                    Washington, D.C.   20554
                    ATTN: Enforcement Bureau
                         Technical    and   Public    Safety 


Any  written   response  should  be   marked  ``NAL/Acct.No: 

X3234001'',  and  should  focus on  the  mitigating  factors 

outlined in the Policy Statement and Section 503 of the Act.

     10.  IT  IS FURTHER ORDERED  THAT this notice  shall be 

sent,  by  certified  mail,  return  receipt  requested,  to 

Culpeper Broadcasting Corporation, c/o Robert A. DePont, 140 

South Street, Annapolis,  MD  21404.  A copy  shall be sent, 

by first  class mail, to Culpeper  Broadcasting Corporation, 

P.O. Box 699, Culpeper, VA  22701.


                    Charles C. Magin
                    District Director
                    Columbia Office

     1Section 312(f)(1), which also applies to Section 
503(b), provides: ``the 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 or any rule or regulation of the Commission, 
authorized by this Act or by a treaty ratified by the United 
States.''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387(1991).

2         Claims of inability to  pay should be supported by 
tax  returns or  other financial  statements prepared  under 
generally accepted accounting procedures for the most recent 
three-year period.

3         Requests  for  payment   under  installment  plans 
should be mailed to: Chief, Credit & Debt Management Center, 
445 12th  Street, S.W., Washington, D.C.  20554.  Payment of 
the  forfeiture  in  installments  may be  considered  as  a 
separate  matter in  accordance with  Section 1.1914  of the 
Commission's Rules.  Contact Chief, Credit & Debt Management 
Center at (202) 418-1995 for more information on payments by 
credit card.

4     For  example, you  must  support your  claim that  you 
qualify as  a small business  and may therefore  be eligible 
for a potential  reduction in the amount  of this forfeiture 
pursuant  to  the   Small  Business  Regulatory  Enforcement 
Fairness Act, Pub. L. 104-121, 110 Stat. 858 (1996).  If you 
have  any  questions on  this  subject,  please contact  the 
Commission's Office of Communications Business Opportunities 
at (202) 418-0990.