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

In the Matter of                )
                                )       File No. EB-03-AT-085
Palmetto Broadcasting Company, Inc.     )    
Licensee of Radio Station WAIM and      )    NAL/Acct.        No. 
Owner of Unregistered Antenna Structure )
Used at Radio Station WAIM      )
Anderson, South Carolina        )       
                                )       FRN: 0008-9109-45


                                             Released:  May 7, 

By the, Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find Palmetto Broadcasting Company, Inc., (?Palmetto?), 
licensee of AM radio station WAIM, Anderson, South Carolina,  and 
owner of  an unregistered  antenna  structure utilized  by  radio 
station WAIM, apparently liable for a forfeiture in the amount of 
five thousand dollars ($5,000) for willful and repeated violation 
of Sections  11.61(a)  and  17.4(a)  of  the  Commission's  Rules 
(?Rules?).1 Specifically,  we find  Palmetto Broadcasting  Company, 
Inc. apparently  liable  for  failing to  conduct  tests  of  the 
Emergency Alert  System (?EAS?)  and for  failing to  register  its 
antenna structure. 

                         II. BACKGROUND

     2.   On April 16,  2003, an agent  from the FCC  Enforcement 
Bureau's Atlanta  Office conducted  an inspection  of WAIM's  EAS 
installation and  its antenna  structure.  No  Antenna  Structure 
Registration could be  produced and  a check of  the FCC  Antenna 
Structure Registration database confirmed that the structure  was 
not registered.  Palmetto is the  owner of the antenna  structure 
and the WAIM station license requires that the antenna  structure 
be painted and lighted since it is over 200 feet tall.

     3.   An inspection of WAIM's EAS installation revealed  that 
the station did not conduct  either weekly or monthly EAS  tests.  
When asked to produce station logs for the previous three months, 
station personnel could produce  no records of  any EAS tests  or 
activations, reasons  for failure  to  receive and  conduct  such 
tests, or any entries showing EAS equipment had been removed from 
service for repair.  The station's general manager stated that he 
could not remember  when the  station had last  conducted an  EAS 

                      III.      DISCUSSION

     4.   Section 11.61(a) of the  Rules requires that  broadcast 
stations conduct weekly and monthly  tests of the EAS.  On  April 
16, 2003,  and for  at  least three  months prior,  station  WAIM 
failed to conduct any  EAS tests.  The  station's logs showed  no 
evidence that the station conducted any of the required EAS tests 
or received  any  EAS  activations,  no  entries  explaining  the 
failure to receive and conduct such tests or activations, and  no 
entries showing EAS equipment had  been removed from service  for 
repair.1  Section 17.4(a) of the Rules provides that the owner of 
an  antenna   structure   that  requires   notice   of   proposed 
construction to the  Federal Aviation  Administration (?FAA?)  must 
register the structure  with the  Commission. Palmetto's  antenna 
structure required notification to the FAA because the  structure 
exceeded 200  feet  in height.2   Therefore,  Palmetto's  antenna 
structure required  Commission  registration.  As  of  April  16, 
2003, Palmetto had failed to register its antenna structure  used 
as part of station WAIM.

     5.   Based on the evidence before us, we find that  Palmetto 
willfully3 and repeatedly4 violated Sections 11.61(a) and 17.4(a) 
of the Rules  by failing  to conduct  required EAS  tests and  by 
failing to register its antenna structure.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information to register the antenna structure is $3,000, and  for 
failure to  conduct EAS  tests (i.e.,  failure to  make  required 
measurements or  conduct  required  monitoring)  is  $2,000.   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 $5,000 forfeiture.

                      IV. ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,8   Palmetto Broadcasting Company, Inc. is hereby  NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of  five 
thousand dollars ($5,000) for  willful and repeated violation  of 
Sections 11.61(a) and 17.4(a) of the Rules by failing to  conduct 
EAS tests and by failing to register its antenna structure.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  (30) days of the  release date of  this 
NAL, Palmetto  Broadcasting  Company,  Inc. SHALL  PAY  the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     9.      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.  Request for payment  of 
the full amount of NAL under  an installment plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C.  20554.9

     10.        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.

     11.       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 

     12.        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.

     13.        IT IS  FURTHER ORDERED  THAT a copy  of this  NAL 
shall be sent by regular  mail and Certified Mail Return  Receipt 
Requested  to  Palmetto  Broadcasting  Company,  Inc.,  2203  Old 
Williamston Rd., Anderson, SC 29621.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Fred L. Broce
                              District Director, Atlanta Office
                              Enforcement Bureau

Attachment A

1 47 C.F.R.  11.61(a) and 17.4(a).
1 EAS tests and activations, failure to receive such tests and 
activations, and EAS equipment malfunctions must be recorded in 
the station log.  See 47 C.F.R.  11.35(a)-(b), 11.54(b)(12), 
11.55(c)(7) and 11.61(b).
2 See 47 C.F.R.  17.7(a).
3 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).
4 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.
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 and 1.80.
9 See 47 C.F.R.  1.1914.