Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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.