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

In the Matter of                   )      File Number EB-02-AT-410
Barnacle Broadcasting Company      )     NAL/Acct. No.200332480010
Ltd.                               )
Owner of Antenna Structure         )              FRN 0006-1527-55
#1063961                           )
in Port Royal, South Carolina
Atlanta, Georgia

                                  Released: January 21, 2003

By the Enforcement Bureau, Atlanta Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Barnacle Broadcasting Company, 
Ltd.  (``Barnacle Broadcasting'')  apparently  liable for  a 
forfeiture in  the amount of ten  thousand dollars ($10,000) 
for willful and  repeated violation of Section  17.51 of the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Barnacle  Broadcasting  apparently  liable  for  failure  to 
exhibit red  obstruction lighting from sunset  to sunrise on 
the   antenna    structure   assigned    Antenna   Structure 
Registration (``ASR'')  number 1063961 in Port  Royal, South 

                         II.  BACKGROUND

     2.   Antenna  structure  1063961  is  located  in  Port 
Royal,  South   Carolina.   Barnacle  Broadcasting   is  the 
registered  owner of  this structure.   The structure's  ASR 
specifies that  the structure  be painted  and lit  with red 
obstruction lighting.

     3.   On November  25 and 26, 2002,  after local sunset, 
an  agent   from  the  Commission's  Atlanta   Field  Office 
inspected  antenna structure  1063961 in  Port Royal,  South 
Carolina  and  observed  that  all  of  the  lights  on  the 
structure  were not  illuminated per  assigned painting  and 
lighting     specifications.     The     Federal    Aviation 
Administration (``FAA'')  had no record  of any report  of a 
light outage for this structure.

     4.    On  November 27, 2002,  the FCC agent  spoke with 
Mr. Pegram Harrison of  Barnacle Broadcasting.  Mr. Harrison 
acknowledged  that   Barnacle  Broadcasting   owned  antenna 
structure  1063961   and  that  he  was   unaware  that  the 
structure's  lights  were   extinguished.   When  asked  how 
Barnacle Broadcasting monitored the condition of the lights, 
Mr. Harrison stated that he  relied on tenants leasing space 
on  the  antenna  structure  and on  pilots  from  a  nearby 
military base.

                      III.  DISCUSSION
     5.   Section 17.51  of the Rules requires  that all red 
obstruction  lighting be  exhibited from  sunset to  sunrise 
unless  otherwise  specified.   Barnacle  Broadcasting  owns 
antenna  structure 1063961  and is  required to  exhibit red 
obstruction  lighting  on  that  structure  from  sunset  to 
sunrise.   On  November  25,  2002 and  November  26,  2002, 
Barnacle  Broadcasting  failed  to exhibit  red  obstruction 
lighting from sunset to sunrise on antenna structure 1063961 
in  Port  Royal,  South  Carolina.   In  addition,  Barnacle 
Broadcasting  failed to  immediately notify  the FAA  of the 
improper functioning  of the structure's lighting2  and also 
failed  to provide  an acceptable  method of  monitoring the 
condition of the lights.3

     6.  Based on  the evidence before us,  we find Barnacle 
Broadcasting  willfully4  and repeatedly5  violated  Section 
17.51 of  the Rules  by failing  to exhibit  red obstruction 
lighting from sunset to sunrise on antenna structure 1063961 
in Port Royal, South Carolina.

     7.  Pursuant  to Section 1.80(b)(4) of  the Rules,6 the 
base forfeiture amount for failure 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.7  
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $10,000 forfeiture.

                      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 Barnacle Broadcasting  Company, Ltd. is 
in the amount of ten  thousand dollars ($10,000) for willful 
and  repeated violation  of Section  17.51 of  the Rules  by 
failing to  exhibit red obstruction lighting  from sunset to 
sunrise on  antenna structure  1063961 in Port  Royal, South 

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

     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 Barnacle Broadcasting Company  Ltd., 3 
Yonah Drive, Atlanta, Georgia, 30309.   


                         Fred L. Broce
                         Atlanta Office, Enforcement Bureau


1 47 C.F.R.  17.51.

2 Owners of registered antenna structures with assigned 
lighting must immediately report to the FAA any known 
improper functioning of any top or flashing light.  See 47 
C.F.R.  17.48(a).

3 The owner of any registered antenna structure that has 
assigned lighting specifications shall make an observation 
of the structure's lights at least once each 24 hours or 
provide an automatic alarm system.  See 47 C.F.R.  

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.