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


In the Matter of                   )     File Number EB-02-AT-239
                                                            )
Farnell O'Quinn                    )    NAL/Acct. No.200232480012
Licensee of Radio Station WUFF     )
Eastman, Georgia                   )             FRN 0004-9860-22
                                  )



           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 
(``NAL''), we  find Farnell  O'Quinn, licensee  of radio  station 
WUFF, Eastman, Georgia, apparently liable for a forfeiture in the 
amount of four thousand dollars ($4,000) for willful violation of 
Section 73.1350(a)  of the  Commission's Rules  (``Rules'').1  We 
find Farnell O'Quinn apparently liable for failure to operate  in 
accordance  with  the   terms  of   the  station   authorization.  
Specifically, WUFF's  transmitter  site  is not  located  at  its 
licensed geographical coordinates.

                         II.  BACKGROUND

     2.   On June 11, 2002 an agent of the Federal Communications 
Commission (``FCC'')  Enforcement Bureau's  Atlanta Field  Office 
(``Field  Office'')  inspected  the  WUFF  transmitter  site  and 
antenna  structure  registration  number  1019521  near  Eastman, 
Georgia.2  The geographical coordinates  determined by the  agent 
showed that the antenna  structure was located  at 32 13'  18''N 
Latitude, 083  13' 04''W  Longitude. The  licensed  geographical 
coordinates for WUFF are 32  13' 35''N Latitude, 083 13'  10''W 
Longitude.   The  geographical   coordinates  specified  in   the 
structure's Antenna  Structure  Registration are  32  13'  36''N 
Latitude, 083  13'  10''W  Longitude.  This  places  the  actual 
location of the WUFF transmitter site and antenna structure  more 
than 1/3 of a mile South/Southeast of the authorized location.

                        III.  DISCUSSION

     3.   Section  73.1350(a)  requires  that  each  licensee  is 
responsible for maintaining and  operating its broadcast  station 
in accordance with  the terms of  the station authorization.   On 
June 11, 2002, WUFF's transmitter site was found to be located at 
geographical coordinates 32 13'  18''N Latitude, 083 13'  04''W 
Longitude, more than 1/3 of  a mile from the authorized  location 
of 32 13' 35''N Latitude, 083 13' 10''W Longitude.

     4.   Based on  the  evidence  before  us,  we  find  Farnell 
O'Quinn willfully3 violated  Section 73.1350(a) of  the Rules  by 
failing to operate in  accordance with the  terms of the  station 
authorization by failing  to construct its  transmitter site  and 
antenna  structure  for   WUFF  at   the  licensed   geographical 
coordinates.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for  operating at an  unauthorized location  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, the potential safety hazard to air  navigation 
of this violation,  and applying the  factors listed above,  this 
case warrants a $4,000 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 Farnell  O'Quinn  is  hereby NOTIFIED  of  this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars 
($4,000) for willful violation of Section 73.1350(a) of the Rules 
by failing to operate in accordance with the terms of the station 
authorization by failing  to construct the  transmitter site  and 
antenna  structure  for   WUFF  at   the  licensed   geographical 
coordinates.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Farnell O'Quinn  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.  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

     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 Farnell O'Quinn, 731 College Street, Eastman, GA 31023.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

_________________________

1 47 C.F.R.  73.1350(a)

2 Farnell O'Quinn is licensee of radio station WUFF as well as 
owner of the antenna structure used by WUFF.

3 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).

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.