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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-OR-060
)
Marion R. Williams ) NAL/Acct. No.200332620014
Licensee of AM Broadcast Station )
WONG ) FRN 0008-5822-31
in Canton, Mississippi )
Gary, Indiana
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 14, 2003April
By the Enforcement Bureau, New Orleans Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Marion R. Williams (``Williams''),
licensee of AM radio station WONG, Canton, Mississippi,
apparently liable for a forfeiture in the amount of
seventeen thousand dollars ($17,000) for willful violation
of Sections 73.49 and 73.3526(c)(1) of the Commission's
Rules (``Rules'').1 Specifically, we find Williams
apparently liable for failing to enclose the station's
antenna tower within an effective locked fence or other
enclosure and failing to make most required items in the
station's public inspection file available for inspection
during regular business hours.
II. BACKGROUND
2. On February 26, 2003, an agent from the FCC
Enforcement Bureau's New Orleans Office inspected AM station
WONG licensed to Canton, Mississippi. The agent observed
that the structure enclosing the antenna tower, that had
radio frequency potential at the base, was ineffective in
preventing access. The structure observed was a rectangular
wooden frame that had large holes and gaps which a person
could easily step through. Likewise, the property did not
have a perimeter fence to prevent unauthorized access to the
antenna tower. In addition, the station general manager
could not make available for inspection most of the
documents required to be maintained in the station's public
inspection file. Documents not available for inspection
included a copy of the service contour map, a copy of the
most recent ownership report, the Public and Broadcasting
Manual, letters from the public, and the issues/programs
lists.
III. DISCUSSION
3. 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 February 26, 2003, the structure at the base of the
antenna tower for station WONG was ineffective in preventing
access to the antenna tower.
4. Section 73.3526(c)(1) states that the public
inspection file required by Section 73.3526(a) shall be
available for public inspection at any time during regular
business hours. On February 26, 2003, station personnel
were unable to make most documents required to be in the
public inspection file available for inspection during
regular business hours.
5. Based on the evidence before us, we find Williams
willfully2 violated Sections 73.49 and 73.3526(c)(1) of the
Rules by failing to enclose the station's antenna tower
within an effective locked fence or other enclosure and
failing to make most documents required to be in the
station's pubic inspection file available for inspection
during regular business hours.
6. Pursuant to Section 1.80(b)(4) of the Rules,3 the
base forfeiture amount for violations involving AM tower
fencing is $7,000 and the base forfeiture amount for public
inspection file violations 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.4
Considering the entire record and applying the factors
listed above, this case warrants a $17,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,5 and Sections 0.111, 0.311 and
1.80 of the Rules,6 Marion R. Williams is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
seventeen thousand dollars ($17,000) for willful violation
of Sections 73.49 and 73.3526(c)(1) of the Rules by failing
to enclose the station's antenna tower within an effective
locked fence or other enclosure and failing to make the
station's pubic inspection file available for inspection
during regular business hours.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Marion R. Williams 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. 20554.7
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, S.W., Washington, D.C. 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
submitted.
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 Marion R. Williams, 7606 Harold Avenue, Gary,
Indiana, 46403
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
Office
Enforcement Bureau
Attachment
_________________________
1 47 C.F.R. §§ 73.49 and 73.3526(c)(1).
2 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
(1991).
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503(b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R. § 1.1914.