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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Community Broadcast Group Inc. ) File No. EB-02-DL-0201
)
) NAL/Acct.No.
200232500005
Owner of Unregistered Antenna Structure Located at
32° 33' 50''N / 094° 21'04''W at Marshall, Texas )
Tyler, Texas ) FRN 0003-7731-40
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 1, 2002
By the Enforcement Bureau, Dallas Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Community Broadcast Group, Inc. (``Community
Broadcast''), owner of an unregistered antenna structure located
at 32° 33' 50'' North Latitude by 094° 21'04'' West Longitude, in
Marshall, Texas, willfully and repeatedly violated Section
17.4(a) of the Commission's Rules (``Rules'')1 by failing to
register it's antenna structure. We conclude that Community
Broadcast is apparently liable for forfeiture in the amount of
three thousand dollars ($3,000).
II. BACKGROUND
·
2. On April 17, 2002, an agent from the Commission's
Dallas Field Office inspected Community Broadcast's antenna
structure located at or near geographical coordinates 32° 33'
50'' North Latitude by 094° 21'04'' West Longitude, in Marshall,
Texas. This structure is used as part of radio stations KZEY-FM
and KMHT, Marshall, Texas. Community Broadcast is the licensee
of both radio stations. The agent checked the FCC's Antenna
Structure Registration records and determined that the antenna
structure was not registered with the FCC. Community Broadcast
subsequently provided documentation to the Commission's Dallas
Field Office showing that Community Broadcast owned the antenna
structure and had acquired it on or about August 31, 2000.
3. On May 7, 2002, a check of the FCC's antenna structure
registration database revealed that the antenna supporting
structure was still not registered.
III. DISCUSSION
4. Section 17.4(a) of the Rules requires the owner of an
antenna structure that required notice to the Federal Aviation
Administration (``FAA'') to register the antenna structure with
the Commission. Community Broadcast's antenna structure required
FAA notification because it exceeded 200 feet in height.2 From
at least April 17 to May 7, 2002, Community Broadcast owned an
antenna structure that required notice to the FAA, and thus
required Commission registration, yet Community Broadcast failed
to register the structure.
5. Based on the evidence before us, we find that from at
least April 17, 2002 through May 7, 2002, Community Broadcast
repeatedly3 and willfully4 violated Section 17.4(a) of the Rules
by failing to register its antenna supporting structure.
6. Pursuant to Section 1.80 of the Rules, the base
forfeiture amount for failure to file required forms or
information (i.e. failure to file an application for antenna
structure registration) is $3,000. 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''),5 which include the nature,
circumstances, extent, and gravity of the violation(s), 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 entire record and applying
the statutory factors to the instant case, a $3,000 forfeiture is
warranted.
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 Community Broadcast Group, Inc. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand dollars ($3,000) for willful and repeated violation of
Section 17.4(a) of the Rules.
8. 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, Community Broadcast Group,
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, IL 60673-7482. The payment should note 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 and 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, SW, Washington, DC
20554.8
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 Community Broadcast Group, Inc.
P.O. Box 4248, Tyler, Texas 75670.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director - Dallas Office,
Enforcement Bureau
_________________________
1 47 C.F.R. § 17.4(a).
2 See 47 C.F.R. § 17.7(a).
3 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies 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.
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies 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).
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.