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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wilson Broadcasting Co., Inc. ) File Number EB-01-AT-464
Licensee of Radio Station ) NAL/Acct. No. 200232480005
WAGF(AM) Dothan, Alabama ) FRN 0004-3330-19
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 10, 2002
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Wilson Broadcasting Co., Inc. (``Wilson''), licensee of
radio station WAGF(AM), Dothan, Alabama, willfully and repeatedly
violated Section 73.49 of the Commission's Rules (``Rules'')1 by
failing to enclose its antenna tower within an effective locked
fence or other enclosure. We conclude that Wilson Broadcasting
Co., Inc. is apparently liable for a forfeiture in the amount of
seven thousand dollars ($7,000).
II. BACKGROUND
2. On April 23, 2002, an agent of the Federal
Communications Commission (``FCC'') Enforcement Bureau's Atlanta
Field Office (``Field Office'') conducted an inspection of the
WAGF transmitter site and antenna structure. The station's
antenna structure with a folded unipole AM broadcast antenna
attached was not enclosed by any fencing or other enclosure.
Also, the radio frequency feed wire from the tuning box to the
antenna was not protected by any fencing or other enclosure. The
antenna had radio frequency potential at the base of the antenna
structure.
3. On April 24, 2002, an agent of the Field Office
inspected station WAGF. It was again noted that the station's
antenna structure with a folded unipole AM broadcast antenna
attached was not enclosed by any fencing or other enclosure. The
antenna had radio frequency potential at the base of the antenna
structure. The station owner and licensee, J. R. Wilson, stated
that the station had been operating for about one month and that
the fencing had not yet been installed.
III. DISCUSSION
4. Section 73.49 of the Rules states that antenna towers
having radio frequency potential at the base must be enclosed
within effective locked fences or other enclosures. On April 23
and 24, 2002, WAGF's antenna structure with a folded unipole AM
broadcast antenna attached was not enclosed by any fencing or
other enclosure. Also, the radio frequency feed wire from the
tuning box to the antenna was not protected by any fencing or
other enclosure. The antenna had radio frequency potential at
the base of the antenna structure.
5. Based on the evidence before us, we find that, on April
23 and 24, 2002, Wilson Broadcasting Co., Inc. repeatedly2 and
willfully3 violated Section 73.49 of the Rules.
6. Pursuant to Section 1.80(b)(4) of the Rules, the base
forfeiture amount for the violation cited in this notice is
$7,000 for AM tower fencing violations.4 Section 503(b)(2)(D) of
the Communications Act of 1934, as amended (``Act''), requires us
to take into account ``... 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, the potential safety hazard of
this violation, and applying the statutory factors listed above,
this case warrants a $7,000 forfeiture.
IV. ORDERING CLAUSES
7. 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 Wilson Broadcasting Co., Inc. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
thousand dollars ($7,000) for repeated and willful violation of
Section 73.49 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, Wilson 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.
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 MUST INCLUDE
the NAL/Acct. No. and FRN referenced in the letterhead above.
10. 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 referenced in the letterhead above.
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
submitted.
12. 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, S.W., Washington,
D.C. 20554.8
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Wilson Broadcasting Co., Inc. at Radio Station
WAGF(AM), 808 N. Oates St., Dothan, AL 36303.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office, Enforcement Bureau
_________________________
1 47 C.F.R. § 73.49
2 Section 312(f)(2) of the Act, 47 U.S.C. § 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.''
3 Section 312(f)(1) of the Act, 47 U.S.C. § 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).
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.