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


In the Matter of                )
                                )
Groveton Broadcasting Group Inc )          File No. EB-01-DL-0488
                                )
Mexia, TX                       )       NAL/Acct.No. 200232500001


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: October 2, 2001

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that  Groveton  Broadcasting  Group,  Inc.  (``Groveton''), 
apparently violated section 17.4(a) of the Commission's rules, 47 
C.F.R.  §  17.4(a)  by  failing  to  register  KYCX-FM's  antenna 
supporting structure.  We  conclude that  Groveton is  apparently 
liable for forfeiture  in the  amount of  three thousand  dollars 
($3,000).


                         II.  BACKGROUND
· 
     2.   Groveton is the licensee  of Station KYCX-FM  (licensed 
to serve Mexia, Texas) and is the owner of the station's  antenna 
supporting structure located at or near geographical  coordinates 
31° 42' 25''N / 096° 31'23''W.

     3.   On October  18, 2000,  an agent  from the  Commission's 
Dallas Office  inspected  station KYCX-FM.   The  agent  observed 
several violations  and  during the  inspection  determined  that 
station KYCX-FM  had  not  registered the  antenna  structure  as 
required by Section 17.4(a) of the Rules.1 

     4.   On October  30, 2000,  the Commission's  Dallas  Office 
issued a Notice  of Violation to  station KYCX-FM.  A  subsequent 
response received  by the  Commission's Dallas  Office  indicated 
that station  KYCX-FM  was  still  not  in  compliance  with  the 
requirement to register its antenna supporting structure.

     5.   On  April  23,  2001,   FCC  agents  telephoned   Susan 
Cholopisa, General  Manager of  KYCX-FM,  and informed  her  that 
according to  the  Commission's database  the  station's  antenna 
supporting structure  was still  not registered.   Ms.  Cholopisa 
acknowledged that the structure was not registered and said  that 
they had been  unable to obtain  Federal Aviation  Administration 
(FAA) study  information necessary  to register  the tower.   The 
agents provided information on how to obtain an FAA study for the 
structure and again verbally warned Cholopisa of the  requirement 
to register the structure.

     6.   On September 19, 2001, FCC agents visited station KYCX-
FM.  Susan Cholopisa, General Manager at the station, stated that 
the structure was still not registered with the Commission.   The 
station manager stated  that she would  immediately register  the 
antenna supporting structure. 

     7.   On October  2,  2001,  a check  of  the  FCC's  antenna 
structure  registration  database   revealed  that  the   antenna 
supporting structure was still not registered.
 

                        III.  DISCUSSION

     8.   Section 17.4(a) of the Commission's rules provides that 
the owner  of  antenna  structures that  require  notice  to  the 
Federal Aviation Administration must register the structure  with 
the Commission.  

     9.   Between October 18,  2000 and September  19, 2001,  the 
Commission repeatedly  advised Groveton  (by written  notice  and 
verbally)  that  Groveton's  failure  to  register  its   antenna 
structure violated Section 17.4(a) of the Commission's rules. 

     10.  We conclude  that  since  October  18,  2000,  Groveton 
repeatedly2  and  willfully3  violated  Section  17.4(a)  of  the 
Commission's rules by failure to register the antenna  supporting 
structure owned by Groveton and utilized by station KYCX-FM at or 
near geographical coordinates 31° 42' 25''N / 096° 31'23''W.

     11.  Pursuant  to   The   Commission's   Forfeiture   Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture Guidelines,  12 FCC Rcd 17087  (1997), 
recon.  denied,  15  FCC  Rcd  303  (1999)  (``Forfeiture  Policy 
Statement''), the base forfeiture amount is $3,000 for failure to 
file required  forms  or information  (i.e.  failure to  file  an 
application for  antenna structure  registration).  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 
Act4,  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.   Applying 
the Forfeiture  Policy Statement  and  statutory factors  to  the 
instant case, a $3,000 forfeiture is warranted.


                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules,6 
Groveton Broadcasting  Group, Inc.  is hereby  NOTIFIED of  their 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand dollars ($3,000) for failure  to file required forms  or 
information required  by  Section  17.4(a)  of  the  Commission's 
rules, 47 C.F.R. § 17.4(a).

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,7 within thirty  days of the release  date 
of this  NOTICE  OF  APPARENT  LIABILITY,  Groveton  Broadcasting 
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.

     14.  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. referenced in the letterhead above.

     15.  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. reference in the letterhead above.

     16.  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.

     17.  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

     18.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Groveton  Broadcasting Group, Inc.  at 1006-B  Milam 
Street, Mexia, TX  76667.



                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         District Director - Dallas Office

_________________________

1 47 C.F.R. § 17.4(a)

2 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.

3 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).

4 47 U.S.C. § 503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

5 47 U.S.C. § 503(b).

6 47 C.F.R. §§ 0.111, 0.311, 1.80.

7 47 C.F.R. § 1.80.

8 See 47 C.F.R. § 1.1914.