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

In the Matter of                   )      File Number EB-03-DL-080
Leon's Radio Inc.                  )     NAL/Acct. No.200332500007
Owner of antenna supporting        )
structure 1011122 located in       )              FRN 0001-7075-95
Moore, Oklahoma                    )
Oklahoma City, Oklahoma

                                       Released: May 2, 2003

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  Leon's Radio, Inc.  (``Leon's 
Radio''),  owner of  antenna  supporting structure  1011122, 
apparently  liable for  a forfeiture  in the  amount of  ten 
thousand dollars ($10,000) for willful violation of  Section 
17.50 of the Commission's Rules (``Rules'').1  Specifically, 
we find Leon's Radio, Inc.  apparently liable for failing to 
clean  or repaint  its  antenna structure  to maintain  good 

                         II.  BACKGROUND

     2.   On   February  20,   2003,  an   agent  from   the 
Commission's  Dallas  Field  Office  inspected  the  antenna 
supporting structure  at or near geographic  coordinates 35 
22 10" N, 97 27 37" W.  The agent observed that the paint 
was dark and  dull and that there was unpainted  coax on the 
tower.  The  condition of the  paint and the  unpainted coax 
resulted in poor visibility of the structure's markings when 
observed at approximately  of  a mile.  The structure owner 
stated he knew the structure  needed repainting and had been 
unable  to  find a  painting  company  with the  appropriate 
insurance.  The structure is registered to Leon's Radio Inc. 
under  antenna structure  registration number  1011122.  The 
registration requires marking and lighting.

                      III.  DISCUSSION

     3.   Section   17.50    requires   antenna   structures 
requiring painting under Part 17  of the Rules to be cleaned 
or  repainted  as  often   as  necessary  to  maintain  good 
visibility.   Antenna structure  owners are  responsible for 
maintaining  a  structure's  painting.2  Leon's  Radio  owns 
antenna structure 1011122.   The structure requires painting 
pursuant to  its antenna structure registration  and because 
the structure's  height exceeds 200 feet.3   On February 20, 
2003, Leon's  Radio's antenna  structure had  unpainted coax 
obscuring portions  of the  painted structure and  the paint 
was  dark and  dull  so  that the  bands  were difficult  to 
distinguish at approximately  of  a mile, resulting in poor 
visibility of the structure.

     4.   Based on  the evidence  before us, we  find Leon's 
Radio  willfully4 violated  Section  17.50 of  the Rules  by 
failing  to  clean  or  repaint  its  antenna  structure  to 
maintain good visibility.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture amount for failing to comply with prescribed 
lighting  and/or  marking  is  $10,000.   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.6  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of the Rules,8 Leon's Radio, Inc. is hereby NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section 17.50  of the Rules  by failing to clean  or repaint 
its antenna structure to maintain good visibility.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Leon's Radio, Inc.  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. 20554.9

     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 Leon's  Radio,  Inc.,  PO Box  94748, 
Oklahoma City, Oklahoma 73143.


                         James D. Wells
                         District  Director, Dallas  Office, 
Enforcement Bureau


1 47 C.F.R.  17.50.

2 See 47 C.F.R.  17.6(a).

3 See 47 C.F.R.  17.21(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 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

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

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.