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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 


                                             Released:  July 17, 2002

By the District Director, Philadelphia Office Office, Enforcement 

                        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 
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. 

     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 

     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

LIABILITY shall be sent by Certified Mail, Return Receipt 
Requested, to WOYK, Inc., 1360 Copenhaffer Rd., York, PA  17404. 

                                FEDERAL            COMMUNICATIONS 

                                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.