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

In the Matter of                   )      File Number EB-02-OR-317
Best Country Broadcasting, LLC     )     NAL/Acct. No.200332620009
Owner of Antenna Structure at      )
Latitude 30 50'           29"     )              FRN 0007-9006-99
North and Longitude 089 50' 06"   )
Bogalusa, Louisiana


                               Released:   February 19, 2003

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we  find Best  Country Broadcasting,  LLC (``Best 
Country''), owner  of antenna  structure located at  30 50' 
29"  North  Latitude  and   089  50'  06"  West  Longitude, 
Bogalusa, Louisiana,  apparently liable for a  forfeiture in 
the amount  of three  thousand dollars ($3,000)  for willful 
and   repeated  violation   of   Section   17.4(a)  of   the 
Commission's Rules (``Rules'').1  Specifically, we find Best 
Country  apparently  liable  for  failing  to  register  its 
antenna structure.  

                       II.  BACKGROUND

     2.   On  October  9,  2002,   an  agent  from  the  FCC 
Enforcement  Bureau's  New  Orleans  Office  inspected  Best 
Country's antenna structure utilized by AM broadcast station 
WBOX  in  Bogalusa,   Louisiana.2   WBOX's  general  manager 
confirmed that Best Country  owns the antenna structure.  At 
the   time  of   the   inspection,   no  antenna   structure 
registration  number  was  displayed  at  the  base  of  the 
structure.   The structure  is  approximately  74 meters  in 
height (242  feet) and is  lighted and painted.   On October 
10, 2002, the FCC's  Antenna Structure Registration database 
had no  record that this  structure was registered  with the 

                      III.  DISCUSSION

     3.   Section 17.4(a)  of  the Rules  requires that  the 
owner  of any  proposed or  existing antenna  structure that 
requires  notice of  proposed  construction  to the  Federal 
Aviation Administration must register the structure with the 
Commission.  Best Country owns the antenna structure used by 
station  WBOX   in  Bogalusa,  Louisiana.    This  structure 
requires  notice  of  proposed construction,  and  therefore 
Commission  registration,  because  the  structure's  height 
exceeds 200 feet.3  On October  9 and 10, 2002, Best Country 
did not have their  antenna structure in Bogalusa, Louisiana 
registered with the Commission.
     4.   Based on  the  evidence before  us,  we find  Best 
Country willfully4 and  repeatedly5 violated Section 17.4(a) 
of the  Rules by failing  to register its  antenna structure 
with the Commission.  

     5.  Pursuant  to Section 1.80(b)(4) of  the Rules,6 the 
base forfeiture  amount for failure to  register the antenna 
structure (failure  to file  required forms) is  $3,000.  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 Communications Act of  1934, as amended 
(``Act''), 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.7   Considering the  entire record  and applying 
the  factors  listed  above,  this case  warrants  a  $3,000 

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the Rules,9 Best Country Broadcasting, LLC is hereby 
amount of  three thousand  dollars ($3,000) for  willful and 
repeated  violation  of  Section  17.4(a) of  the  Rules  by 
failing  to   register  its   antenna  structure   with  the 

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Best Country Broadcasting,  LLC SHALL PAY the full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 

     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. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.10
     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. referenced above.  

     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 

     11.  Under  the Small Business Paperwork  Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.
     12.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Best  Country Broadcasting,  LLC, P.O. 
Box 280, Bogalusa, Louisiana  70429-0280.   


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 47 C.F.R.  17.4(a).

2 Best Country is licensee of radio station WBOX as well as 
owner of the antenna structure used by the station.

3 See 47 C.F.R.  17.7(a).

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under 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 4387-88 

5 The 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.''  47 
U.S.C.  312(f)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.