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

In the Matter of                   )      File Number EB-02-OR-360
Pittman Broadcasting Services,     )     NAL/Acct. No.200332620006
LLC                                )
Licensee of Broadcast Stations     )              FRN 0006-1569-21
KAOK(AM), Lake      Charles,       )
Louisiana, and KAOK-FM,1 
DeRidder,       Louisiana
Covington, Louisiana

                                 Released: February 14, 2003 

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we  find   Pittman  Broadcasting  Services,  LLC 
(``Pittman  Broadcasting''),  licensee   of  radio  stations 
KAOK(AM),  Lake Charles,  Louisiana, and  KAOK-FM, DeRidder, 
Louisiana apparently  liable for a forfeiture  in the amount 
of fifteen thousand dollars  ($15,000) for willful violation 
of  Sections 11.35(a)  and 73.49  of the  Commission's Rules 
(``Rules'').2   Specifically, we  find Pittman  Broadcasting 
apparently  liable  for   failing  to  maintain  operational 
Emergency Alert  System (``EAS'')  equipment and  failing to 
provide an effective locked fence enclosing the AM station's 
antenna tower.

                       II.  BACKGROUND

     2.   On  December  3,  2002,  an  agent  from  the  FCC 
Enforcement Bureau's  New Orleans  Office inspected  the co-
located studio  of co-owned broadcast stations  KAOK(AM) and 
KAOK-FM  in  Lake  Charles, Louisiana.   The  stations'  EAS 
equipment  was not  functioning because  the encoder/decoder 
unit was not connected to  any receivers in order to monitor 
an incoming alert signal.   Station personnel were unable to 
produce any station logs noting  EAS tests sent or received, 
or any notation that the  unit had been removed from service 
for repair.   The stations' general manager  stated that the 
stations had  neither received  nor conducted EAS  tests for 
the  past  two  months  since   the  studio  was  placed  in 
operation.  In  addition, an inspection of  the AM station's 
antenna tower,  which has  radio frequency potential  at the 
base, revealed that it was  not enclosed within an effective 
locked  fence or  other enclosure.   No fence  was installed 
near the tower.  The property  did have a perimeter fence on 
three sides, however, the entrance from the main road had no 
fence or  other enclosure to  prevent access to  the antenna 

                      III.  DISCUSSION

     3.  Section 11.35(a) of the Rules states that broadcast 
stations and  cable systems  and wireless cable  systems are 
responsible for  ensuring that  EAS Encoders,  EAS Decoders, 
and Attention Signal generating and receiving equipment used 
as part of the EAS are  installed so that the monitoring and 
transmitting functions  are available during the  times that 
the stations  or systems are  in operation.  On  December 3, 
2002, the EAS  system used for KAOK(AM) and  KAOK-FM was not 
properly functioning because receivers were not connected to 
the EAS Decoder to provide monitoring capability.

     4.   Section 73.49  of  the Rules  states that  antenna 
towers having radio frequency potential  at the base must be 
enclosed within effective locked fences or other enclosures.  
On December 3, 2002, the  antenna tower for station KAOK(AM) 
was  not  enclosed  within   an  effective  fence  or  other 

     5.  Based  on the evidence  before us, we  find Pittman 
Broadcasting willfully3 violated Sections 11.35(a) and 73.49 
of  the  Rules  by   failing  to  maintain  operational  EAS 
equipment and  failing to provide an  effective locked fence 
enclosing the station's antenna tower.

     6.  Pursuant  to Section 1.80(b)(4) of  the Rules,4 the 
base forfeiture  amount for  EAS equipment not  installed or 
operational is $8,000, and the base forfeiture amount for AM 
tower  fencing  violations  is  $7,000.   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.5 
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants a $15,000 forfeiture.

                    IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80 of  the Rules,7  Pittman Broadcasting Services,  LLC is 
in  the amount  of  fifteen thousand  dollars ($15,000)  for 
willful  violation of  Sections  11.35(a) and  73.49 of  the 
Rules  by failing  to maintain  operational Emergency  Alert 
System  (``EAS'')  equipment  and   failing  to  provide  an 
effective  locked  fence  enclosing  the  station's  antenna 

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

     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.  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. 20554.8

     10. The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street S.W., 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  Pittman Broadcasting Services, LLC,  307 South 
Jefferson, Covington, Louisiana 70433. 


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 The call sign for KAOK-FM was changed to KQLK effective 
February 3, 2003.

2 47 C.F.R.  11.35(a) and 73.49.

3 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 

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

5 47 U.S.C.  503(b)(2)(D).

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

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.