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

In the Matter of                 )   File Number: EB-01-TP-020
Mega Communications of St.       )
Petersburg Licensee, L.L.C.      )  NAL/Acct. No.: 200132700005
Antenna Structure Numbers        )
1040050,1040051                  )

St. Petersburg, Florida


                                             Released:  April 25, 
By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

1.   In this Notice of Apparent Liability for Forfeiture, we find 
that Mega Communications of St. Petersburg Licensee, L.L.C. 
apparently violated Section 17.51(a)1 of the Commission's Rules 
(``Rules'') for failing to exhibit all red obstruction lights 
from sunset to sunrise.  We conclude that Mega Communications of 
St. Petersburg Licensee, L.L.C. is apparently liable for 
forfeiture in the amount of ten thousand dollars ($10,000). 

                         II.  BACKGROUND

2.   On January 8, 2001, the Commission's Tampa Field Office 
received a telephone call from the FAA office in Tampa, Florida, 
reporting that they had received information that antenna 
structure light outages had occurred in Largo, Florida. The 
antenna structures were alleged to be used by radio station 
WMMG(AM).   The tower owner was determined to be Mega 
Communications of St. Petersburg Licensee, L.L.C., licensee of  

3.   On January 9, 2001, agents from the Tampa Office conducted 
an inspection of the station and the associated towers.  The 
agents found that the tower owner was in violation of several of 
the Commission's Rules relating to marking and lighting of 
antenna structures. 

4.   During the inspection on January 9, 2001, the FCC agents 
determined that no one at the main studio was in charge of the 
technical operation of the station.  Mr. Joshua Mednick, VP and 
General Manager, explained to the agents that the person in 
charge of monitoring the operating parameters, including the 
antenna structure lights operation, was Mr. Robert Hailey.  When 
the agents met with Mr. Hailey at the transmitter site, he 
explained that he was not the chief operator, but that he worked 
for the station on a part time basis. Mr. Hailey explained that 
he used a beeper to receive indications of out of tolerance 
situations from the station's remote control system.  However, 
Mr. Hailey was not aware of the antenna structure lights failure 
on tower #2. The agents determined that the lights for towers #1 
and  #2 were not functioning.  Although Mr. Hailey advised he was 
aware of the outage on antenna structure #1 and that he had 
notified FAA, there was no evidence that FAA had been notified.  
Mr. Hailey notified FAA of both outages during the inspection.

5.   On March 26, 2001, a check of FCC's antenna structure 
registration database showed the owner of the tower to be Clear 
Channel Communications.  Mega confirmed that they owned the tower 
in question and filed the appropriate forms after they were 
advised of the discrepancy.

                      III.      DISCUSSION

6.   Section 17.51(a) requires that all red obstruction lighting 
shall be exhibited from sunset to sunrise unless otherwise 
specified.  FCC agents confirmed the allegation about antenna 
structure light outages.  The antenna structure owner failed to 
exhibit the red obstruction lights as required.

7.   Pursuant to Section 1.80(b)(4)2  of the Commission's  Rules, 
the base forfeiture amount for failure to comply with  prescribed 
lighting and/or marking is $10,000.  Section 503(b)(2)(D) of  the 
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.''3   Considering  the  entire  record  and 
applying the statutory factors listed above, this case warrants a 
$10,000 forfeiture. 

                      IV.  ORDERING CLAUSES

8.   Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) 
of the Communications Act of 1934, as amended4, and Sections 
0.111, 0.311 and 1.80 of the Commission's Rules5, Mega 
Communications of St. Petersburg Licensee, L.L.C. is hereby 
of ten thousand dollars ($10,000) for willful6 violation of 
Section 17.51(a)7.

9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of  the 
Commission's Rules8, within  thirty days of  the release date  of 
this NOTICE  OF APPARENT  LIABILITY, Mega  Communications of  St. 
Petersburg Licensee,  L.L.C. 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. referenced in the letterhead above.

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 in the letterhead 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.  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. 20554.9  

14.   IT  IS  FURTHER ORDERED  THAT  a  copy of  this  NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Mega  Communications of  St.  Petersburg  Licensee, 
L.L.C., 8121 Georgia Avenue, 10th Floor, Silver Spring, MD 20910.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Ralph M. Barlow
                              District Director
                              Tampa Office, Enforcement Bureau


1  47 C.F.R.  17.51(a)
2 47 C.F.R.  1.80(b)(4)
3 47 U.S.C.  503 (b)(2)(D)
4 47 U.S.C.  503(b).
5 47 C.F.R.  0.111, 0.311, 1.80.
6 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).
7  47 C.F.R.  17.51(a)
8 47 C.F.R.  1.80.
9 See 47 C.F.R.  1.1914.