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

In the Matter of )
)
Media Broadcasting Corporation ) File Number EB-02-NF-019
Owner of Antenna Structure ) NAL/Acct.No.200232640005
1011741 ) FRN 6756373
Winston-Salem, North Carolina

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: June 13, 2002

By the Enforcement Bureau, Norfolk Office:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture, we
find that Media Broadcasting Corporation (``Media''), owner of
antenna structure number 1011741, willfully and repeatedly
violated Sections 17.4(g) and 17.51 of the Commission's Rules
(``Rules'').1 Media failed to post its antenna structure
registration (``ASR'') number and it failed to maintain specified
lighting on its structure. We find that Media is apparently
liable for forfeiture in the amount of twelve thousand dollars
($12,000.00).

II. BACKGROUND

2. On January 22 and 23, 2002, an agent from the FCC's
Norfolk Resident Agent Office (``Norfolk Office'') observed
Media's antenna structure number 1011741 used as part of the
WAAA(AM) broadcast facility near Winston-Salem, North Carolina.
On both dates, the agent noted the extinguishment of required
lighting after sunset and the omission of a posted ASR number.
The agent checked with the area Federal Aviation Administration's
(``FAA'') Flight Service Station on January 24, 2002, which had
no report of any light outage for Media's antenna structure.2

3. On February 1, 2002, the Norfolk Office released a
Notice of Violation to Media citing violation of Sections 17.4(g)
and 17.51 of the Rules. Media responded to the Notice of
Violation in a February 20, 2002 letter, stating that it was
getting its structure registered. In the same letter, Media
admitted that its structure was without lighting since July 2001.

III. DISCUSSION

4. Section 17.4(g) of the Rules requires owners of
registered antenna structures to display ASR numbers in a
conspicuous place so that they are readily visible near the base
of the antenna structure. On January 22 and 23, 2002, Media's
antenna structure number 1011741 did not have its ASR number
posted on or near the tower.

5. Section 17.51 of the Rules requires owners of antenna
structures to exhibit lighting specified in FCC Form 854R from
sunset to sunrise. Media's antenna structure number 1011741 was
required to exhibit red obstruction lights from sunset to
sunrise. On January 22 and 23, 2002, Media's antenna structure
number 1011741 was observed between sunset and sunrise with no
lights exhibited. As of January 24, 2002, no report of any light
outage was received by the FAA for Media's antenna structure.

6. Based on the evidence before us, we find that Media
repeatedly3 and willfully4 violated Sections 17.4(g) and 17.51 of
the Rules by failing to display its ASR number and exhibit
prescribed lighting.

7. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for failure to comply with prescribed lighting
is $10,000.5 The Rules do not establish a base forfeiture amount
for failure to post the ASR number.6 The Commission has
determined, however, that an appropriate base forfeiture amount
for failure to post the ASR number is $2,000 per violation.7 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(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.8 Considering the
entire record and applying the statutory factors listed above,
this case warrants a $12,000 forfeiture.

IV. ORDERING CLAUSES

8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,9 and Sections 0.111, 0.311 and 1.80 of the
Rules,10 Media is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of twelve thousand dollars ($12,000.00)
for willful and repeated violation of Sections 17.4(g) and 17.51
of the Rules.

9. 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, Media SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.

10. 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, IL 60673-7482. Requests for payment of the full
amount of this Notice of Apparent Liability under an installment
plan should be sent to: Federal Communications Commission, Chief,
Revenue and Receivables Operations Group, 445 12th Street, SW,
Washington, D.C. 20554.11 Payment must note the ``FRN'' and the
``NAL/Acct. No.'' cited in the letterhead.

11. 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.'' and ``FRN'' cited in the letterhead.

12. 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.

13. IT IS
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by First Class Mail and Certified Mail Return
Receipt Requested to Media Broadcasting Corporation; POB 11197;
Winston-Salem, NC 27116-1197.

FEDERAL COMMUNICATIONS COMMISSION

Joseph P. Husnay
Resident Agent, Enforcement Bureau Media Broadcasting Corporation
POB 11197
Winston-Salem NC 27116-1197

Media Broadcasting Corporation
POB 11197
Winston-Salem NC 27116-1197

_________________________

1 47 C.F.R. зз 17.4(g) and 17.51.

2 Antenna structure owners are required to report immediately to
the nearest FAA Flight Service Station any known extinguishment
or malfunction of any top steady burning light or any flashing
obstruction light if the problem cannot be corrected within 30
minutes. 47 C.F.R. з 17.48.
3 Section 312(f)(2) of the Act, 47 U.S.C. з 312(f)(2), which
applies equally to Section 503(b) of the Act, provides that
``[t]he 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.''
4
Section 312(f)(1) of the Act, 47 U.S.C. з 312(f)(1), which
applies equally to 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).
5
47 C.F.R. з 1.80(b)(4)
6
See The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087
(1997), recon. denied 15 FCC Rcd 303 (1999). The Forfeiture
Policy Statement states that ``... any omission of a specific
rule violation from the ... [forfeiture guidelines] ... should
not signal that the Commission considers any unlisted violation
as nonexistent or unimportant. Forfeiture Policy Statement, 12
FCC Rcd at 17099. The Commission retains the discretion,
moreover, to depart from the Forfeiture Policy Statement and
issue forfeitures on a case?by?case basis, under its general
forfeiture authority contained in Section 503 of the Act. Id.
7
American Tower Corporation, 16 FCC Rcd 1282 (2001).
8
47 U.S.C. з 503(b)(2)(D).
9
47 U.S.C. з 503(b).
10
47 C.F.R. зз 0.111, 0.311, 1.80.
11
See 47 C.F.R. з 1.1914.