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

In the Matter of                )            
                                )       File No. EB-02-CF-338
Mortenson Broadcasting Co.      )       NAL/Acct.             No. 
Antenna Structure Registration No. 1020434   )    
South Charleston, WV            )       FRN 0004-1688-29 


                                             Released:  July 9, 

By the District Director, Columbia Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Mortenson Broadcasting Co.  (``Mortenson'') 
has apparently  violated  Section 17.51(a)  of  the  Commission's 
Rules1 (``Rules'') by  failing to exhibit  obstruction lights  on 
its antenna structure  between sunset and  sunrise.  We  conclude 
that Mortenson  is  apparently liable  for  a forfeiture  in  the 
amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On May 15, 2002, at  approximately 9:20 PM agents  from 
the Commission's  Columbia,  Maryland office  observed  that  the 
lights on Mortenson's tower were extinguished.  

     3.   On May 16, 2002,  at approximately 9:30  AM one of  the 
agents visited Mortenson's studio  of WSCW,2 and determined  that 
station personnel were unaware of the fact that the tower  lights 
were unlit  the previous  night.  The  agent advised  Mortenson's 
WSCW chief  engineer and  station manager  that the  station  was 
required to notify  the FAA of  the unlit tower  if not  repaired 
within 30 minutes.  

     4.   On May 23,  2002, the  agent contacted  the FAA  Flight 
Service Center in Elkins, WV.  FAA personnel told the agent  that 
Mortenson made notification of the light outage at 8:14 AM on May 
17, 2002.
                         III. DISCUSSION

     5.   Section  17.51(a)  of  the  Rules  requires  prescribed 
obstruction  lighting  be  exhibited  from  sunset  to   sunrise.  
Mortenson's antenna structure was observed on May 15, 2002  after 
sunset with  obstruction lighting  unlit.  Section  17.48 of  the 
Rules3 requires notification of extinguished lighting to the  FAA 
if not corrected within 30 minutes.  FCC agents advised Mortenson 
personnel of the  improper functioning of  the tower lighting  on 
the morning  of  May  16, 2002.   Mortenson  waited  until  after 
another sunset to sunrise period before notifying the FAA of  the 
improper functioning of the lights.

     6.   Based on the evidence before us, we find that Mortenson 
willfully4 violated Section 17.51(a)  of the Commission's  Rules.  
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'')5, sets the  base 
forfeiture  amount  at  $10,000   for  failure  to  comply   with 
prescribed  lighting.   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''),6  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.   Applying  the  Forfeiture  Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we  believe that  a  ten thousand  dollar  ($10,000) 
monetary forfeiture is warranted.  

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules8, Mortenson  Broadcasting Co.  is hereby  NOTIFIED of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willfully violating Section 17.51(a) of the 

     8.   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, Mortenson  Broadcasting Co. SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
     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, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200232340002, and FRN 0004-1688-29

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232340002. 

     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 

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to Mortenson  Broadcasting Co.,  3270  Blazer 
Parkway, Suite 101, Lexington, KY 40509.

                                FEDERAL            COMMUNICATIONS 

                                Charles C. Magin
                                District Director
                                Columbia Office


1 47 C.F.R.  17.51(a).

2 Mortenson is the licensee of radio station WSCW in addition to 
registered owner of the antenna structure.

3 47 C.F.R.  17.48

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).

547 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.