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                         Before the
                   Washington, D.C. 20554

In the Matter of                        )
ARS Broadcasting Corp.             )    File No. 99CG160
WOOO                          )
Shelbyville, Indiana                    )    NAL/Acct.   No.  



     Adopted:  February 8, 2000              Released:  

February 8, 2000

By the Enforcement Bureau:  Chicago Office

                      I.  INTRODUCTION

     1.   This  is  a   Notice  of  Apparent  Liability  for 

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, for willful and repeated 

failure to maintain effective  locked fences around the base 

of  each antenna  having  radio frequency  potential at  the 

base. We conclude that  ARS Broadcasting Corp. is apparently 

liable  for  forfeiture  in  the amount  of  seven  thousand 

dollars ($7,000).

                       II.  BACKGROUND

     2.  ARS Broadcasting Corp. is the licensee of broadcast 

station WOOO, Shelbyville, Indiana.

     3.   On April  2, 1999,  Agent James  M. Roop  from the 

Chicago Office visited  radio station WOOO as a  result of a 

complaint   of   improperly    illuminated   antenna   tower 

structures.   Inspection  of  the antenna  tower  structures 

found that  the gate of the  east1 tower was not  locked and 

the  gate of  the  center tower  was  standing open.   These 

issues were brought to the  attention of general manager Mr. 

Tom Hession at the time  of inspection during the evening of 

April 2, 1999.

     4. On April 16, 1999, Agent Larry Hickman re-visited 
station WOOO and found the gate on the east tower to be 

     5.  An Official  Notice was  issued on  April 22,  1999 

citing non-compliance with 47 C.F.R.  73.49.

     6. ARS Broadcasting Corporation's response of April 30, 

1999 attributed the non-compliance to a contractor.

                      III.  DISCUSSION

     7.   In  accordance with  47  C.F.R.   73.49,  antenna 
towers having radio frequency potential  at the base must be 
enclosed within effective locked fences or other enclosures.   
ARS Broadcasting Corp. was in violation of 47 C.F.R.  73.49 
by not having  the gates secured and  locked.  The violation 
was repeated.   The gate on the  east tower was found  to be 
unlocked  during the  second tower  inspection on  April 16, 
1999, after the conditions were  brought to the attention of 
general manager Tom Hession on April 2, 1999.

     8.   Licensees   bear  the  total   responsibility  for 

ensuring that the action of  its employees or contractors do 

not result in non-compliance with the rules.  The violations 

were willful.2

     9.  Pursuant to the Forfeiture Policy Statement, 12 FCC 

Rcd 17087  (1997), (``Policy  Statement''), the  base amount 

for  this  type  of  violation  is  seven  thousand  dollars 

($7,000).  In  assessing the monetary forfeiture  amount, we 

must also take into account  the statutory factors set forth 

in   Section  503(b)(2)(D)   of   the  Act,   47  U.S.C.    

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 seven thousand dollars 

($7,000) is warranted. 

                    IV.  ORDERING CLAUSES

     10.   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,  that  ARS  Broadcasting  Corp.  is  hereby 
amount of  seven thousand dollars ($7,000)  for violating 47 
C.F.R.   73.49.  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.

     11.  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,   ARS 

Broadcasting Corp. 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.3  Forfeitures  shall  be paid  by 

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

documentation,  made payable  to the  Federal Communications 

Commission.4   The remittance  should be  marked ``NAL/Acct. 

No: X3232-001'' 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:5
                         Office of the Secretary
                         Federal Communications Commission
                         445 12th St. SW
                         Washington, D.C.  20554
                         ATTN:     Enforcement Bureau
                              Technical  and  Public  Safety 


Any written response should be marked ``NAL/Acct. No: X3232-

001'' and should focus on the mitigating factors outlined in 

the Policy Statement and Section 503 of the Act.

12.  IT  IS FURTHER ORDERED THAT this notice  shall be sent, 

by  certified   mail,  return  receipt  requested,   to  ARS 

Broadcasting Corp., P.O. Box 15435, Cincinnati, Ohio 45215.


                         G. Michael Moffitt
                         District Director
                         Chicago Office

11The east  tower was identified  as the ``south''  tower in 
the April 22, 1999 notice of violation.

2      Section  312(f)(1),  which also  applies  to  Section 
503(b), provides:   [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  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).

3     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.

4     Requests for payment under installment plans should be 
mailed  to: Chief,  Credit and  Debt Management  Center, 445 
12th  St.  SW,  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  and Debt Management Center at 
(202) 418-1995  for more  information on payments  by credit 

5      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.