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

In the Matter of                 )
Max Media of Montana, LLC        )      File No. EB-02-ST-234
900 Laskin Road                  )      NAL/Acct. No. 200232900002
Virginia Beach, VA 23451         )      FRN  0004-9891-33
Antenna Structure Registration # 1051225     )
Great Falls, MT                  )


                                             Released:  September 27, 

By the District Director, Seattle Office, Enforcement Bureau:

                           I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we find  that Max  Media of Montana,  LLC (``Max  Media''), registered 
owner of antenna structure number 1051225 in Great Falls, Montana, has 
apparently willfully violated Section 303(q) of the Communications Act 
of 1934,  as amended (``Act''),1  and Sections 17.21,  17.47(a)(2) and 
17.57 of the Commission's Rules (``Rules'')2 by failing to exhibit the 
prescribed antenna structure lighting, failing to properly maintain an 
operating  automatic  alarm  system  to indicate  when  the  structure 
lighting  is  not  operating,  and   failing  to  notify  the  Federal 
Communications Commission (``FCC'') of the  change of ownership of the 
antenna structure.   We conclude,  pursuant to  Section 503(b)  of the 
Act,3 that Max Media is apparently liable for forfeiture in the amount 
of thirteen thousand dollars ($13,000).

                            II.  BACKGROUND

     2.   On  Friday,  May 3,  2002,  at  approximately 5:30  p.m.,  a 
Seattle Office Agent conducting  a random antenna structure inspection 
in Great Falls, Montana, observed that the top high-intensity light on 
the   Antenna  Structure   Registration   (``ASR'')   #  1051225   was 
extinguished.  The antenna structure is  located within 8 miles of the 
Great  Falls airport and  11 miles  of the  Malmstrom Air  Force Base.  
According to the  ASR, the structure is 244 meters  above ground level 
and is  required by the  FAA to  maintain lighting in  accordance with 
chapters 4,  6, and 9  of FAA Circular  Number 70/7460-1G.  On  May 3, 
2002, both the ASR and  the FCC database listed Continental Television 
Network,  Inc., d/b/a  KTGF as  the  registered owner  of the  antenna 
structure.   Efforts  by  the  Seattle Agent  to  contact  Continental 
Television Network,  Inc., and station  KTGF-TV that evening  and over 
the weekend failed.

     3.   On May 4, 2002, the top strobe light was still extinguished.  
The  Seattle   Agent  again  attempted  to   contact  the  Continental 
Television Network, Inc. and Station  KTGF-TV, to no avail.  The Agent 
visited the  KTGF-TV studio at  118 6th  Street South in  Great Falls, 
Montana, but the office was closed.

     4.   On May  5, 2002 the  light was still  extinguished.  Contact 
with the FAA Flight Service Station  in Great Falls, MT indicated that 
the extinguished light  had not been reported.  The  Seattle FCC Agent 
reported the  outage to  the FAA  and a Notice  to Airman  (NOTAM) was 

     5.   On  Monday, May  6, 2001,  the Seattle  Agent, returning  to 
Great  Falls   from  Helena,  MT,   observed  the  top   strobe  light 
functioning.  At  approximately 1:00  p.m., the Seattle  Agent visited 
the KTGF-TV studio.  The station manager stated that Max Media was the 
owner  of  both  the  station  and the  antenna  structure,  that  the 
automatic monitoring of  the tower lighting was conducted  at a remote 
Max Media facility in Missoula, Montana, and that KTGF-TV had not been 
notified  of  the tower  light  failure.   The station  engineer  was, 
however,  at the tower  site at  that time,  doing maintenance  on the 

     6.   Station  personnel at  KTGF provided  a copy  of a  1998 ASR 
Application identifying  Continental Television Network, Inc.,  as the 
registered  owner,  but  were unable  to  produce  a  copy of  an  ASR 
identifying Max Media  as the registered owner.   Subsequent review of 
the  FCC  database revealed  that  ownership  of Station  KTGF-TV  was 
transferred  on March  28, 2001  from Continental  Television Network, 
Inc., to Max Media of Montana, LLC.  The ownership information for ASR 
1051225 was  not updated  from the 1998  filing listing  the structure 
owner  as Continental  Television  Network, Inc.,  until September  9, 

                           III.  DISCUSSION

     7.   Section  503(b) of  the  Act provides  that  any person  who 
willfully fails to comply substantially  with the terms and conditions 
of  any  license,  or  willfully  fails  to comply  with  any  of  the 
provisions of  the Act or of  any rule, regulation or  order issued by 
the Commission thereunder,  shall be liable for  a forfeiture penalty.  
The term "willful"  as used in Section 503(b) has  been interpreted to 
mean simply that the acts or omissions are committed knowingly.4 

     8.   Section 303(q) of the  Act requires antenna structure owners 
to  maintain  lighting  of  antenna  structures  as  required  by  the 
Commission.  The Commission's  antenna structure construction, marking 
and lighting requirements  operate in concert with  FAA regulations to 
ensure  that  antenna  structures  do   not  present  hazards  to  air 
navigation.  Generally, Sections 17.6(a), 17.21 and 17.23 of the Rules 
require owners of antenna structures located close to airports or that 
are greater than 200 feet in height to comply with prescribed painting 
and lighting specifications designed to ensure air safety.  Because of 
the substantial  public safety issues  involved, Section 17.47  of the 
Rules  further requires  antenna  structure owners  to monitor  lights 
daily or  install automatic  alarm systems  to ensure  lights function 
properly,  and  Section   17.47(a)(2)  specifically  requires  antenna 
structure  owners  to  properly  maintain an  automatic  alarm  system 
designed  to  detect  any  failure  of  such  lights  and  to  provide 
indication of such failure to the owner.  Antenna structure owners are 
also required,  pursuant to  Section 17.56 of  the Rules,  to maintain 
lighting  equipment   and  replace   or  repair   inoperative  lights, 
indicators  and control  and  alarm systems  as  soon as  practicable.  
Additionally, Section  17.48(a) requires  antenna structure  owners to 
immediately  notify  the  FAA  of  any  observed  or  otherwise  known 
extinguishment or improper functioning of any top steady burning light 
or any flashing  obstruction light, regardless of its  position on the 
antenna  structure, not  corrected within  30 minutes.   The FAA  then 
issues a Notice to Airmen (``NOTAM'') for a period of 15 days advising 
aircraft that  there is  an antenna structure  at a  specific location 
with a temporary light outage.  Section 17.57 further requires antenna 
structure owners to  immediately notify the Commission  using FCC Form 
854 upon any change in  ownership information to facilitate contact if 
problems arise.  

     9.   Max  Media  failed  to  detect  an  extinguished  top  high-
intensity light on it 244 meter  structure located in proximity to two 
airports, failed to notify the local station manager that there was an 
extinguished top  light on the  structure during  the 3 days  that the 
light was observed  extinguished, and failed to notify the  FAA of the 
extinquishment.   Max  Media's failure  to  update  the ASR  ownership 
report  complicated efforts  to  notify it  of  the serious  potential 
hazard to air navigation posed by the extinguished light.  

     10.  Based  on the  evidence before  us, we  find that  Max Media 
apparently willfully  violated Sections 17.21, 17.47(a)(2),  and 17.57 
of the  Rules by failing  to exhibit the prescribed  antenna structure 
lighting, failing  to properly  maintain an operating  automatic alarm 
system to indicate  when the structure lighting is  not operating, and 
failing to  notify the FCC of  the change in ownership  of the antenna 

     11.  The  base   forfeiture  amount   set  by   The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules 
to   Incorporate  the   Forfeiture   Guidelines  ("Forfeiture   Policy 
Statement"),5 and Section 1.80 of  the Commissions Rules,6 for failure 
to comply with prescribed lighting is  $10,000 and for failure to file 
required forms  or information 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  Act,7 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.   Applying the  Forfeiture Policy  Statement and 
statutory  factors  to  the  instant case,  a  $13,000  forfeiture  is 

                         IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS ORDERED  THAT, pursuant to Section 503(b) 
of the  Communications Act  of 1934, as  amended, and  Sections 0.111, 
0.311 and  1.80 of  the Rules,  Max Media of  Montana, LLC,  is hereby 
thirteen thousand dollars ($13,000) for apparently willfully violating 
Sections 17.21, 17.47(a)(2), and 17.57 of the Rules.8

     13.  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, Max  Media of  Montana, LLC,  SHALL PAY  the full 
amount of  the proposed forfeiture  or SHALL FILE a  written statement 
seeking reduction or cancellation of the proposed forfeiture.

     14.  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 must note  NAL/Acct. No. 200232900002 and FRN 

     15.  The  response,  if  any,  must  be  mailed  to  the  Federal 
Communications  Commission, Enforcement  Bureau, Technical  and Public 
Safety Division,  445 12th Street,  S.W., Washington, D.C.  20554, and 
must note NAL/Acct. No. 200232900002. 

     16.  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.

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

LIABILITY shall be sent by Certified Mail No. 7001 2510 0007 6500 1049 
/ Return  Receipt Requested to Max  media of Montana, LLC,  900 Laskin 
Road, Virginia Beach, VA 23451.

                                 FEDERAL COMMUNICATIONS COMMISSION


                                 Dennis Anderson
                                 District Director, Seattle Office


     1 47 U.S.C.  303(q) (Antenna structure owners shall maintain the 
painting and lighting of antenna structures as prescribed by the 

     2 47 C.F.R.  17.21, 17.47(a)(2), and 17.57.

     3 47 U.S.C.  503(b).
     4 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 or any 
rule or regulation of the Commission authorized by this Act...."  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

     5 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     6 47 C.F.R.  1.80.

     7 47 U.S.C.  503(b)(2)(D).
       47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 17.21, 
17.47(a)(2), and 17.57.
     9 See 47 C.F.R.  1.1914.