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

In the Matter of                )
                                )            File  No.  EB-02-CG-
Meade County Communications, Inc.  )         
WMMG-FM                         )            NAL/Acct.        No. 
Brandenburg, Kentucky           )
                                )            FRN 0003-7623-33


                                             Released:   October 
               18, 2002

By the District Director, Chicago Office, Enforcement Bureau:

                        I.   Introduction

     1.   In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Meade County Communications, Inc. 
(``Meade''), has apparently violated Section 17.4(a)(2) of the 
Commission's Rules (the ``Rules'').1  This violation occurred as 
a result of Meade's failure to register their antenna structure 
with the Commission.  We conclude that Meade is apparently liable 
for a forfeiture in the amount of three thousand dollars 

                         II.  Background

     2.   On February 5, 2002, an agent from the Commission's 
Chicago Office inspected the antenna structure of Radio Station 
WMMG-FM.  WMMG-FM is licensed to Meade and located in 
Brandenburg, Kentucky.  After the inspection, the agent checked 
the FCC tower registration database, and discovered that WMMG-
FM's antenna structure was not registered with the Commission.

     3.   The Chicago Office issued a Notice of Violation 
(``NOV'') to Meade on February 26, 2002 for violation of 17.4(a) 
of the Rules.  In their reply, dated March 4, 2002, Meade 
indicated that they had corrected the violation.

                      III.      Discussion

     4.   17.4(a)(2) of the Rules specifies that antenna 
structures assigned painting or lighting requirements prior to 
July 1, 1996, were to have been registered prior to July 1, 1998.  
Meade did not register their structure until after receiving the 

     5.   The Commission assesses monetary forfeitures pursuant 
to Section 503(b) of the Communications Act of 1934, as amended, 
(the ``Act'')2 as implemented in Section 1.80 of the Rules.3  A 
forfeiture may be assessed against a person who the Commission 
finds to have willfully4 failed to comply with the provisions of 
the Act or the Rules.  Forfeiture amounts are decided in 
accordance with Section 503(b)(2) of the Act5 and the 
Commission's forfeiture guidelines in Section 1.80(b)(4) of the 

     6.   Based on the evidence before us, we find that Meade 
willfully violated Section 17.4(a) of the Rules by failing to 
register an antenna structure.  Pursuant to The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy 
Statement''), the base forfeiture amount for failure to file 
required forms or information (e.g., failure to file an antenna 
registration form) is $3,000.  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 (``Act''), as amended, which include the nature, 
circumstances, extent, and gravity of the violation(s), 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.7  After applying the Forfeiture Policy 
Statement and the statutory factors to the instant case, we 
believe that a three thousand dollar ($3,000) monetary forfeiture 
is warranted.

                      IV.  Ordering Clauses

     7.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act, and Sections 0.111, 0.311 and 1.80 of the 
Rules,8 Meade County Communications, Inc. is hereby NOTIFIED of 
its APPARENT LIABILITY FOR A FORFEITURE in the amount of three 
thousand dollars ($3,000) for failure to register an antenna 
structure, in violation of Sections 17.4(a)(2) of the Rules.

     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, Meade County Communications, 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. 200332320001 and FRN 0003-7623-33.

     10.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Technical and 
Public Safety Division, 445 12th Street, S.W., Washington, D.C. 
20402 and MUST INCLUDE THE NAL/Acct. No. 200332320001 and FRN 

     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.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Revenue and Receivables Operations Group, 445 12th 
Street, S.W., Washington, D.C. 20554.9

     13.  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 and 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.

     14.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail, Return 
Receipt Requested, to Meade County Communications, Inc., 1715 
Bypass Road, P.O. Box 505, Brandenburg, Kentucky, 40108.

                              FEDERAL COMMUNICATIONS COMMISSION

                              G. Michael Moffitt
                              District Director
                              Chicago Office


1 47 C.F.R.  17.4(a)(2).

2 47 U.S.C.  503(b).

3 47 C.F.R.  1.80.

4 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 provisions of the 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).

5 47 U.S.C.  503(b)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01.

8 47 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.