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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-AT-340
State Broadcasting Corporation ) NAL/Acct. No. 200332480010
Licensee of AM Radio Station )
WMLT ) FRN 0005-0035-20
Dublin, Georgia )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 5, 2002
By the Enforcement Bureau, Atlanta Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find State Broadcasting Corporation, licensee of AM
radio station WMLT, Dublin, Georgia, 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 WCPC Broadcasting Co., Inc.
apparently liable for failing to enclose one of its antenna
structures within an effective locked fence or other enclosure.
2. On August 27, 2002, an agent from the FCC Enforcement
Bureau's Atlanta Field Office inspected the antenna structures of
radio station WMLT(AM), Dublin, Georgia. The agent observed that
the fence around one antenna structure was incomplete and broken,
adjacent to the gate, allowing access to the antenna structure.
All antenna structures had radio frequency potential at the base.
3. Section 73.49 of the Rules requires that antenna towers
having radio frequency potential at the base be enclosed within
effective locked fences or other enclosures. On August 27, 2002,
one of WMLT's antenna towers was not enclosed within an effective
locked fence or other enclosure.
4. Based on the evidence before us, we find that on August
27, 2002, State Broadcasting Corporation willfully2 violated
Section 73.49 of the Rules by failing to provide an effective
locked fence or other enclosure around their antenna structure.
5. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for AM tower fencing violations is $7,000.3 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
6. 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 State Broadcasting Corporation 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 provide effective locked fences for
its antenna towers.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
State Broadcasting Corporation SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. 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 this 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
9. 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.
10. 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 submitted.
11. 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.
12. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to State Broadcasting Corporation, P. O. Box 2639, Gulfport,
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
Atlanta Office, Enforcement Bureau
1 47 C.F.R. § 73.49.
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.