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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-OR-0202
)
WCPC Broadcasting Co., Inc. ) NAL/Acct. No. 200232620010
Licensee of AM Radio Station )
WCPC ) FRN 0003-7893-85
Houston, Mississippi )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 21, 2002
By the Enforcement Bureau, New Orleans Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find WCPC Broadcasting Co., Inc., licensee of AM
radio station WCPC, Houston, Mississippi, apparently liable for a
forfeiture in the amount of seven thousand dollars ($7,000) for
willful and repeated 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
four of its antenna structures within effective locked fences or
other enclosures.
II. BACKGROUND
2. On June 27, 2002, agents from the FCC Enforcement
Bureau's New Orleans Field Office inspected the antenna
structures of radio station WCPC(AM), Houston, Mississippi. The
agents observed that there was no fence around one antenna
structure, broken fencing around a second structure, and missing
fencing sections around two other antenna structures. 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 June 27, 2002,
four of WCPC's antenna towers were not enclosed within effective
locked fences or other enclosures.
4. Based on the evidence before us, we find that on June
27, 2002, WCPC Broadcasting Co., Inc. willfully2 and repeatedly3
violated Section 73.49 of the Rules by failing to provide
effective locked fences or other enclosures around their antenna
structures.
5. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for AM tower fencing violations is $7,000.4 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.5 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,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 WCPC Broadcasting Co., Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
thousand dollars ($7,000) for willful and repeated 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,
WCPC Broadcasting Co., Inc. 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. 20554.8
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. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to WCPC Broadcasting Co., Inc., 1189 Highway 15 North, Houston,
Mississippi 38851.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
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 The term ``repeated,'' when used with reference to the
commission or omission of any act, ``means the commission or
omission of such act more than once or, if such commission or
omission is continuous, for more than one day.'' 47 U.S.C. §
312(f)(2).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.