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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
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. 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
submitted.
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
12020.
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.