Click here for Adobe Acrobat version
Click here for Microsoft Word version

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-
Anastos Media Group              )            BF-015
Radio Station WUAM (AM)          )
Malta, New York                  )            NAL/Acct.No.200232-
                                )            280002
                                             FRN: 0006-5575-99


                                        Released:  June 21, 2002

By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Anastos Media Group,  licensee of AM broadcast  station 
WUAM, Saratoga  Springs, New  York, apparently  violated  Section 
73.49 of the Commission's Rules (``Rules'') by failing to enclose 
the tower within an effective  locked fence or other  enclosure.1  
We conclude that Anastos Media  Group is apparently liable for  a 
forfeiture in the amount of seven thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   On  February  7,  2002,  an  agent  from  the   Federal 
Communications  Commission's   (``FCC'')   Enforcement   Bureau's 
Buffalo Office  conducted an  inspection of  the tower  of  radio 
station WUAM (AM) located in Saratoga Springs, New York.  At  the 
time of inspection, the gate  providing access to the tower  base 
was not locked and the gate was open. 

     3.   On February  13,  2002,  the Buffalo  Office  issued  a 
Notice of Violation (``NOV'') to Anastos Media Group citing  this 
deficiency.  On March 13, 2002,  Anastos Media Group submitted  a 
written replay stating that a new lock had been installed on  the 
tower gate.

                        III.  DISCUSSION
     4.   Section 73.49 of the Rules requires that antenna towers 
having radio frequency  potential at  the base  must be  enclosed 
within effective locked fences or other enclosures.  At the  time 
of the inspection, the gate to the fence surrounding the base  of 
the tower was not locked and the gate was open.

     5.   Based on  the  evidence  before us,  we  find  that  on 
February 7, 2002, Anastos Media Group willfully2 violated Section 
73.49 of the  Rules by  failing to  enclose the  tower within  an 
effective locked  fence  or other  enclosure.   The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')3, sets the base forfeiture amount for failure 
to enclose the base of the antenna tower at $7,000.  In assessing 
the monetary forfeiture  amount, we  must take  into account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act of 1934, as amended, (``Act''),4 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.  The record reveals that Faith does  have 
an overall history of compliance.  Applying the Forfeiture Policy 
Statement and  the  statutory factors  to  the instant  case  and 
applying the  inflation  adjustments,  we believe  that  a  seven 
thousand dollar ($7,000) monetary forfeiture is warranted

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Anastos Media  Group is hereby  NOTIFIED of its  APPARENT 
LIABILITY FOR  A  FORFEITURE  in the  amount  of  seven  thousand 
dollars ($7000) for violating Section 73.49 of the Rules.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Anastos Media  Group SHALL  PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     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. 200232280002, and FRN 0006-5575-99.

     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. 200232280002.

     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 

     11.  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. 20554.7 

     12.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Anastos Media Group  at 21 Commons, Malta, New  York 

                              FEDERAL COMMUNICATIONS COMMISSION

                              David A. Viglione
                              Resident Agent
                              Buffalo Office

1 47 C.F.R.  73.49.
2 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 commission or omission 
of any act, means that 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 Red 4387 (1991)

347 C.F.R.  1.80.

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.