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                           Before the
                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                  )
Gulfport, Mississippi


                                       Released: November 5, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     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.  

                         II.  BACKGROUND

     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.

                        III.  DISCUSSION

     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, 
Mississippi 39505.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Fred L. Broce
                              District Director
                              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.