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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
WCVC, Inc.                       )
                                )        File Number EB-02-TP-314
Licensee of AM Radio Station     )
WCVC,                            )       NAL/Acct.No. 200332700001 
Tallahassee, Florida             )
                                )              FRN # 0003-7830-40


                                       Released: October 22, 2002 

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find WCVC, Inc., licensee of AM radio station WCVC,  Tallahassee, 
Florida, apparently  liable for  a forfeiture  in the  amount  of 
seven thousand dollars ($7,000) for willful violation of  Section 
73.49 of the  Commission's Rules  (``Rules'').1 Specifically,  we 
find WCVC,  Inc. apparently  liable for  failing to  maintain  an 
effective locked fence around the base of its AM antenna tower.

                         II.  BACKGROUND

     2.    On June 17  and July 8,  2002, the Commission's  Tampa 
Field Office (``Tampa  Office'') received  two anonymous  letters 
alleging the lack of a  base fence surrounding WCVC's AM  antenna 

     3.   On August  7, 2002,  two agents from  the Tampa  Office 
inspected WCVC Inc.'s antenna tower in Tallahassee, Florida.  The 
agents found the fencing enclosing the station's AM antenna tower 
to be deficient  in that  it was lying  flat on  the ground  thus 
allowing  unrestricted  access  to   the  base  of  the   antenna 
structure.  The structure  had radio frequency  potential at  its 
base.  WCVC's general  manager stated that  the base fencing  was 
taken down during recent construction and never replaced.

                        III.  DISCUSSION

     4.   Section  73.49 of  the  Rules requires  antenna  towers 
having radio frequency potential at the base (series fed,  folded 
unipole,  and  insulated  base   antennas)  be  enclosed   within 
effective locked fences.   On August  7, 2002,  agents found  the 
fence completely down around the  base of the antenna  structure, 
allowing unrestricted access to the base of the structure.

     5.  Based on  the evidence  before us, we  find WCVC,  Inc., 
willfully2 violated  Section 73.49  of the  Rules by  failing  to 
maintain  an  effective  locked   fence  enclosing  its   antenna 

     6.   Pursuant to Section 1.80(b)(4) of the Rules,3 the  base 
forfeiture amount  for failing  to maintain  effective locked  AM 
tower fencing 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)(D) of the Communications Act of  1934, 
as amended (``Act''),  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.''4  Considering  the  entire  record  and  applying  the 
factors listed above, this case warrants a $7,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 WCVC, Inc., is hereby NOTIFIED of this APPARENT LIABILITY 
FOR A FORFEITURE in the amount of seven thousand dollars ($7,000) 
for willful violation of Section 73.49 of the Rules by failing to 
maintain effective fencing around the  base of its antenna  tower 
for AM broadcast station WCVC.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty days of the release date of this  Notice 
of Apparent Liability, WCVC,  Inc. SHALL PAY  the full amount  of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     9.  Payment of the forfeiture may be made 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. and FRN referenced  above.  Request for payment  of 
the full amount of NAL under  an installment plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C.  20554.7

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. referenced above.

     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  documentation 

     12.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     13.  IT IS  FURTHER ORDERED THAT  a copy of  this Notice  of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return  Receipt Requested  to WCVC,  Inc., 117    Henderson 
Road, Tallahassee, FL 32312.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ralph M. Barlow
                              District Director, Tampa Office
                              Enforcement Bureau


1 47 C.F.R.  73.49.
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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 (1991).
3 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503 (b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.