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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-PA-118
WOYK, Inc. )
WOYK(AM) ) NAL/Acct. No. 200232400005
York, PA )
) FRN: 0005-0231-06
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 17, 2002
By the District Director, Philadelphia Office Office, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that WOYK Inc. has apparently violated Section
73.49 of the Commission's rules (``the Rules''),1 by failing to
maintain an adequate tower fence enclosure. We conclude that
WOYK Inc. is apparently liable for a forfeiture in the amount of
seven thousand dollars ($7,000).
II. BACKGROUND
2. On March 8, 2002, FCC Agent Donald Marsh inspected the
three-tower antenna array of WOYK(AM) in York, PA. Agent Marsh
observed the middle tower (Antenna Structure Registration number
1029250) was not enclosed within an effective locked fence. This
tower could be accessed through an opening in the fence created
when a portion of the fence fell off a warped fence post.
III. DISCUSSION
3. Section 73.49 of the Rules concerning AM Transmission
system fencing requirements states ``Antenna towers having radio
frequency potential at the base (series fed, folded unipole, and
insulated base antennas) must be enclosed within effective locked
fences or other enclosures.''
4. Based on the evidence before us, we find that WOYK Inc.
willfully1 violated Section 73.49 of the 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'')4, sets the base forfeiture amount at $7,000
for AM tower fencing. 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
(``Act''), as amended,2 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 seven thousand dollar ($7,000)
monetary forfeiture is warranted.
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act3 and Sections 0.111, 0.311 and 1.80 of the
Rules4 WOYK Inc. is hereby NOTIFIED of this APPARENT LIABILITY
FOR A FORFEITURE in the amount of seven thousand dollars ($7,000)
for willfully violating Section 73.49 of the Rules.
6. 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, WOYK INC. SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
7. 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. 2002324000??200232400005, and FRN 0005-0231-06.
8. 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.
2002324000??200232400005.
9. 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.
10. 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. 20554.5
IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail, Return Receipt
Requested, to WOYK, Inc., 1360 Copenhaffer Rd., York, PA 17404.
FEDERAL COMMUNICATIONS
COMMISSION
John E. Rahtes
District Director
Philadelphia 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 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).
447 C.F.R. § 1.80.
2 47 U.S.C. § 503(b)(2)(D).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, and 0.311.
5 See 47 C.F.R. § 1.1914.