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




In the Matter of                   )
                                                            )
Morris Communications, Inc.        )   File Number EB-02-AT-217
                                  )
Owner of Unregistered Antenna      )  NAL/Acct. No.200232480011
Structure located at 33 58' 12''  )
North Latitude by 79 02' 03''     )           FRN 0001-8848-57
West Longitude in Adrian, South    )
Carolina                           )

Greenville, South Carolina


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  July   8, 
2002 

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find    that     Morris    Communications,     Inc.     (``Morris 
Communications''), owner  of  the antenna  structure  located  at 
coordinates 33 58' 12''  North Latitude  and  79 02' 03''  West 
Longitude, in Adrian, South Carolina, willfully violated  Section 
17.4(a) of  the Commission's  Rules (``Rules''),1  by failing  to 
register the antenna  structure.  We  find Morris  Communications 
apparently liable for forfeiture in the amount of three  thousand 
dollars ($3,000).


                         II.  BACKGROUND

     2.   On May  7,  2002,  an  agent  of  the  FCC  Enforcement 
Bureau's Atlanta Office (``Atlanta Office'') inspected the  tower 
located at  33 58'  12''  North Latitude  and  79 02'  03  West 
Longitude, 0.1  of a  mile south  of the  intersection of  Costie 
Allen Road and  Cartrette Road, in  Adrian, South Carolina.   The 
agent noted  that  the structure  was  painted and  had  lighting 
however the tower was not registered with the Commission.

     3.   On  May   22,  2002,   the  agent   held  a   telephone 
conversation  with  Trace  Morris,  Morris  Communications,   and 
verified  that  the  antenna   structure  was  owned  by   Morris 
Communications, and that  the structure was  not registered  with 
the Commission.  Mr. Morris stated that earlier attempts had been 
made to register the structure,  but the application for  Antenna 
Structure Registration (``ASR'') was returned by the FCC.

     4.   On May 29, 2002, Morris Communications sent the Atlanta 
Office a copy of an ASR application that was filed twice in 1999.  
The application was date stamped ``received'' by the Commission's 
Wireless Bureau  on January,  29, 1999,  and again  on August  9, 
1999.  The January  29, 1999  submission was  returned to  Morris 
Communications  with   a  cover   letter  indicating   that   the 
application was incomplete regarding  item 28, the  environmental 
assessment.  Morris again  re-submitted the  same application  as 
evidenced by the second date  stamp received by the  Commission's 
Wireless Bureau on August 9, 1999.  Morris stated that the second 
filing of the  ASR application  was returned  by the  Commission, 
without explanation.

     5.   Still on  May 29,  2002, after  being notified  by  the 
agent  of  the   failure  to  register   the  structure,   Morris 
Communications filed another ASR application with the Commission.


                        III.  DISCUSSION

     6.   Section 17.4(a) of the  Rules provides that,  effective 
July 1,  1996, owners  of any  existing antenna  structures  that 
require  notification  to  the  Federal  Aviation  Administration 
(``FAA'')  must  register  the  structure  with  the  Commission.  
Section 17.4(a)(2) of the Rules provides that, effective July  1, 
1998, owners  of  an antenna  structure  that had  been  assigned 
painting or lighting  requirements prior  to July  1, 1996,  must 
register   the   structure    with   the   Commission.     Morris 
Communications' antenna  structure required  notification to  the 
FAA because  the  structure exceeded  200  feet in  height.2   In 
addition, the structure had  been assigned painting and  lighting 
requirements  by  the  FAA.   Therefore,  Morris  Communications' 
antenna structure  required  Commission  registration.   Although 
Morris  Communications  made   two  attempts   to  register   the 
structure, it has  been over  two years since  the last  attempt, 
with no evidence of  any further attempts  since August, 9  1999.  
Based  on  the   evidence  before   us,  we   find  that   Morris 
Communications, Inc. willfully3 and repeatedly4 violated  Section 
17.4(a) of  the Commission's  Rules by  failing to  register  its 
antenna structure.

     7.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules,5 the base  forfeiture amount  for the  violation cited  in 
this Notice  of Apparent  Liability is  $3,000 (failure  to  file 
required forms  or  information).  Section  503(b)(2)(D)  of  the 
Communications Act of 1934, as amended (``Act''),6 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.''  
Considering the  record  as a  whole  and the  statutory  factors 
listed above, this case  warrants a forfeiture  in the amount  of 
$3,000.


                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's  Rules,8  Morris  Communications,  Inc.  is   hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of three thousand dollars  ($3,000) for willfully and  repeatedly 
violating Section 17.4(a) of the Commission's Rules by failing to 
register an antenna structure  that requires notification to  the 
Federal Aviation Administration.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this Notice of  Apparent Liability,  Morris Communications,  Inc. 
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, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount  of this  Notice of Apparent  Liability under  an 
installment  plan  should   be  sent  to:   Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.9

     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. referenced above.  

     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  regular mail and  Certified 
Mail Return  Receipt Requested  to Morris  Communications,  Inc., 
P.O. Box 16419, Greenville, South Carolina 29606.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office
_________________________

1 47 C.F.R  17.4.

2 See 47 C.F.R.  17.7(a).

3 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``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 The term ``repeated'' means the commission or omission of an 
act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C.  312(f)(2).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.