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

In the Matter of                   )     File Number EB-02-NF-113
Hoffman Communications,            )   NAL/Acct. No. 200232640008
Incorporated                       )
Licensee of  WGGM and Owner of     )                  FRN 5011671
Antenna Structures 1040995,       )
1040996 and 1040997 in 
Chester, Virginia
Alexandria, Virginia


                                     Released: September 30, 2002
By the Enforcement Bureau, Norfolk Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   Hoffman   Communications,   Incorporated 
(``HCI''), licensee of  AM Station  WGGM and owner  of the  cited 
antenna structures,  apparently liable  for a  forfeiture in  the 
amount of twenty-one-thousand dollars  ($21,000) for willful  and 
repeated violations of  Sections 73.49, 17.21  and 73.1745(a)  of 
the Commission's Rules (``Rules'').1   Specifically, we find  HCI 
apparently liable  for  failing  to  maintain  effective  fencing 
around  its  antenna  structures  (``towers''),  for  failing  to 
install  prescribed  lighting,   and  for  exceeding   authorized 
nighttime power limits.

                         II.  BACKGROUND

     2.   HCI has a license for  WGGM to broadcast with 10.5  and 
1.08 kilowatts during the day  and night, respectively, on  0.820 
MHz to the community of Chester, Virginia.  The license for  WGGM 
limits field strength  levels at three  locations during the  day 
and at  three others  during  the night.   Its three  towers  are 
located at the North American  Datum 27 latitudes and  longitudes 
of North 37-22-55 & West 077-25-43, North 37-22-54 & West 077-25-
40 and North  37-22-53 &  West 077-25-38.  All  three towers  are 
taller than 61 meters above  ground; all are registered; and  all 
have a prescription  for painting and  lighting as specified  FAA 
Circular Number 70/7460-1J Chapters 3, 4, 5, and 13.

     3.   On April  12,  1999, the  Commission's  Norfolk  Office 
released a Notice of Violation to HCI regarding the operations of 
WGGM citing, inter alia, violations of Sections 17.21 and  73.49.  
A Norfolk Office agent observed the violations on March 11, 1999.

     4.   On August 19, and August 20, 2002, the same agent again 
observed  HCI's  WGGM  operations  and  facilities  in   Chester, 
Virginia.  On  both days  while WGGM  was broadcasting  with  its 
three towers, the  fencing around  the base of  each antenna  was 
ineffective.  Whole sections of fencing around two of the  towers 
were down  while fence  pickets around  another were  missing  or 
separated.  With the exception of  thick brush around one  tower, 
the condition of all three fences allowed unobstructed access  to 
the base of the energized towers.  

     5.   On August 19,  2002, the  agent observed  two of  HCI's 
structures without the installation  of lighting.  After  sunset, 
he noted that the two towers failed to exhibit lighting.  He made 
the same observations on August 20, 2002. 

     6.   After sunset on August 19, and on August 20, 2002,  the 
agent made field strength  measurements at the monitoring  points 
specified in the  WGGM license.   On both  nights at  two of  the 
three nighttime monitoring point  locations, WGGM exceeded  field 
strength limits by more than 150% of the values specified in  its 

     7.   In response to the agent's request for information that 
might mitigate the noted violations, HCI sent the Norfolk  Office 
an email, a  letter and a  fax on  August 21, August  22, and  on 
September 3, 2002, respectively.  HCI  stated that it had  ceased 
its nighttime  operations and  that it  received an  estimate  to 
repair fencing.   Concerning  its two  towers  without  installed 
lighting, HCI wrote that it contacted its consultant who  thought 
that a mistake was made by the company HCI hired to register  its 
towers.  HCI's response contained several pages from the FAA  and 
a drawing of the  two towers without  lighting, but it  submitted 
nothing to suggest that lighting was not required.

                        III.  DISCUSSION

     8.   Section 73.49 requires licensees to provide locked  and 
effective fencing around antenna structures with radio  frequency 
potential at  their bases.   On August  19 and  20, 2002,  WGGM's 
three antenna structures were energized for transmitting  without 
fencing that would obstruct access to the base of each tower.  

     9.   Section 17.21(a)  requires tower  owners to  paint  and 
light their towers  when they exceed  60.96 meters above  ground.  
HCI's towers exceeded  60.96 meters  in height  above ground  and 
were required to  exhibit painting and  lighting pursuant to  the 
towers' registrations and FAA  specifications.  On August 19  and 
20, 2002,  two  of  HCI's  three WGGM  towers  were  without  any 
installation of lighting.

     10.  Section 73.1745(a) prohibits  licensees from  operating 
at times, or with modes or power, other than those specified  and 
made part of  the license.   After sunset  on August  19 and  20, 
2002, WGGM  exceeded  field  strength  limits  at  two  nighttime 
monitoring points by over 150%. 

     11.  Based  on  the  evidence   before  us,  we  find   HCI, 
willfully2 and  repeatedly3 violated  Sections 73.49,  17.21  and 
73.1745(a) of the Rules by failing to maintain effective fencing, 
by failing  to  install  prescribed lighting  and  for  exceeding 
nighttime power limits.

     12.  Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for  failing to maintain  effective fencing  is 
$7,000; for failing to install prescribed lighting it is  $10,000 
and for  exceeding  authorized power  limits  it is  $4,000.   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,  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 $21,000 forfeiture.

                      IV.  ORDERING CLAUSES

     13.  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 HCI is hereby NOTIFIED  of this APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of twenty-one thousand dollars ($21,000) 
for willful and repeated violation  of Sections 73.49, 17.21  and 
73.1745(a) of the Rules by failing to maintain effective fencing, 
by failing to install prescribed lighting and for exceeding power 

     14.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
HCI SHALL PAY the full amount of the proposed forfeiture or SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     15.  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.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.8

     16.  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.  

     17.  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 

     18.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Hoffman Communications, Incorporated, 2461 Eisenhower  Avenue, 
Alexandria, VA, 22331.   


                         Joseph P. Husnay
                         Resident Agent, Norfolk Office, 
Enforcement BureauHoffman Communications Incorporated
2461 Eisenhower Avenue
Alexandria VA  22331

Hoffman Communications Incorporated
2461 Eisenhower Avenue
Alexandria VA  22331

Hoffman Communications Incorporated
2461 Eisenhower Avenue
Alexandria VA  22331

1 47 C.F.R.  73.49, 17.21 and 73.1745(a).

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 4387-88 (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.  

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.