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

In the Matter of                   )      File Number EB-02-DL-679
East Texas Broadcasting, Inc.      )     NAL/Acct. No.200332500002
Licensee of AM Broadcast Station   )
KPLT and                           )              FRN 0005-0139-41
Owner of Antenna Structure         )
1236893 in Paris, Texas
Mount Pleasant, Texas

                                     Released: March 4, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  East Texas Broadcasting, Inc. 
(``East  Texas  Broadcasting''),  licensee of  AM  Broadcast 
station KPLT,  Paris, Texas, and owner  of antenna structure 
1236893 in Paris, Texas,  apparently liable for a forfeiture 
in the amount of ten  thousand dollars ($10,000) for willful 
and   repeated  violation   of   Section   17.4(a)  of   the 
Commission's  Rules  (``Rules'')  and willful  violation  of 
Section  73.49 of  the Rules.1   Specifically, we  find East 
Texas Broadcasting,  Inc. apparently  liable for  failing to 
register its  antenna structure  for radio station  KPLT and 
for failing to  enclose its antenna tower  with an effective 
locked fence.

                         II.  BACKGROUND

     2.   On   November  4,   2002,   an   agent  from   the 
Commission's   Dallas  Field   Office  (``Dallas   Office'') 
inspected  East   Texas  Broadcasting's   antenna  structure 
located  at or  near geographical  coordinates 33  38' 09'' 
North  Latitude by  095 33'14''  West Longitude,  in Paris, 
Texas.   This structure  was  utilized at  AM radio  station 
KPLT, and had radio frequency (``RF'') potential at the base 
of  this antenna  tower.  The  agent found  the gate  to the 
tower  base fence  unlocked.   A  sign at  the  base of  the 
structure displayed Antenna Structure Registration (``ASR'') 
number  1053395.  The  FCC's Antenna  Structure Registration 
database showed that ASR number 1053395 had been purged from 
the database with the notation ``Aged Return Deletion.''  

     3.   On  November  14,  2002, East  Texas  Broadcasting 
provided to the Dallas Office correspondence from the FCC to 
KPLT,  Inc., the  former owner  of station  KPLT and  of the 
antenna  structure, returning  KPLT, Inc.'s  application for 
antenna  structure   registration  due  to  errors   in  the 
structure's  approved  height.   The process  date  for  the 
return of the application was  listed as July 9, 1998.  East 
Texas  Broadcasting acquired  the  antenna  structure on  or 
about August, 2001, and subsequently registered this antenna 
structure in their name on December 2, 2002 (ASRN 1236893).

                      III.  DISCUSSION

     4.   Section 17.4(a) of the Rules requires the owner of 
an  antenna structure  that requires  notice to  the Federal 
Aviation  Administration (``FAA'')  to register  the antenna 
structure  with the  Commission.  East  Texas Broadcasting's 
antenna structure required notification to the FAA, and thus 
required  FCC  registration,  because the  structure  height 
exceeded 200 feet.2  In addition, Section 17.57 of the Rules 
requires the  antenna structure owner to  immediately notify 
the Commission  upon any  change in  ownership information.3  
The previous owner of this antenna structure had applied for 
registration with  the Commission,  but the  application was 
rejected and returned due to  errors in the approved height.  
Even if,  at the time  East Texas Broadcasting  acquired the 
structure in August, 2001,  it erroneously believed that the 
structure  had  been  properly registered  by  the  previous 
owner, East  Texas Broadcasting  would have  discovered that 
the structure was not registered  when it sought to make the 
required notification  of a  change in  ownership.  However, 
from  August,  2001,  until  December 2,  2002,  East  Texas 
Broadcasting owned an antenna structure that required notice 
to the  FAA, and thus required  Commission registration, yet 
East Texas Broadcasting failed to register the structure.

     5.   Section 73.49 requires antenna towers that have RF 
potential at the base to be enclosed within effective locked 
fences  or  other enclosures.   The  KPLT  antenna tower  is 
series fed and has RF potential at the base.  On November 4, 
2002,  the  gated  fence  surrounding the  tower  was  found 

     6.   Based  on the  evidence  before us,  we find  East 
Texas  Broadcasting  willfully4   and  repeatedly5  violated 
Section 17.4(a) of the  Rules and willfully violated Section 
73.49  of  the Rules  by  failing  to register  its  antenna 
supporting  structure and  failing to  provide an  effective 
locked  fence or  other  enclosure around  the  base of  the 

     7.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base  forfeiture amounts  for the  violations cited  in this 
Notice are:  $3,000 for  failure to  file required  forms or 
information (i.e. failure to file an application for antenna 
structure registration) and $7,000 for AM tower fencing.  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  $10,000 

                      IV.  ORDERING CLAUSES

     8.   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 East  Texas Broadcasting, Inc. is hereby 
amount  of ten  thousand dollars  ($10,000) for  willful and 
repeated  violation  of Section  17.4(a)  of  the Rules  and 
willful violation of  Section 73.49 of the  Rules by failing 
to register its antenna  supporting structure and failing to 
provide an  effective locked  fence around  the base  of the 

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

     10.  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

     11.  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.  

     12.  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 

     13.  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.

     14.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to East Texas Broadcasting,  Inc., PO Box 
990, Mount Pleasant, Texas 75456.   


                         James D. Wells
                         Dallas Office, Enforcement Bureau


1 47 C.F.R.  17.4(a) and 73.49.

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

3 47 C.F.R.  17.57.

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.