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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-AT-197
)
Brown Broadcasting System, Inc. ) NAL/Acct. No.200432480001
Owner of Antenna Structure )
located in ) FRN 0009 7708 84
Jefferson, Georgia )
Athens, Georgia
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 8, 2003
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Brown Broadcasting Systems, Inc. (``Brown
Broadcasting''), owner of an unregistered antenna structure
located in Jefferson, Georgia, apparently liable for a
forfeiture in the amount of three thousand dollars ($3,000)
for the willful and repeated violation of Section 17.4(a) of
the Commission's Rules (``Rules'').1 Specifically, we find
Brown Broadcasting apparently liable for failure to register
its antenna structure with the Commission
II. BACKGROUND
2. On October 19, 1999, an agent from the FCC
Enforcement Bureau's Atlanta Office (``Atlanta Office'')
inspected the tower of AM radio station WBKZ licensed to
Jefferson, Georgia.2 There was no antenna structure
registration number posted near the base of the tower. The
agent found no record of antenna structure registration in
the FCC Antenna Structure Registration (``ASR'') tower
database.
3. On October 21, 1999, the Atlanta Office issued a
Notice of Violation (``NOV'') for failure to register the
antenna structure with the Commission as well as for other
violations noted during the inspection.
4. On June 1, 2000, agents from the Atlanta Office
inspected the tower of AM Radio station WBKZ in Jefferson,
Georgia. The agents found no antenna structure registration
number posted at the base of the tower. Also, the agents
conducted a search of the ASR tower database and found no
record of any antenna structure registration number for the
tower.
5. On June 6, 2000, the Atlanta Office issued a NOV
for failure to register the antenna structure
with the Commission as well as for other violations noted
during an inspection that was conducted on June 1, 2000.
6. On October 22, 2003, an agent with the Atlanta
Office inspected the tower of AM radio station WBKZ,
Jefferson, Georgia. There was no registration number posted
near the base of the tower. The FCC antenna structure
registration database showed no record of registration for
the tower and the General Manager, Melvin Geter, verified
the tower was not registered.
III. DISCUSSION
7. 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.
Brown Broadcasting's antenna structure required notification
to the FAA because the structure exceeded 200 feet in
height. Brown Broadcasting failed to register the antenna
structure. The failure to register the antenna structure
constitutes a willful and repeated violation because Brown
Broadcasting has been issued two violation notices for the
same violation, yet still failed for the past four years to
register the tower.
8. Based on the evidence before us, we find Brown
Broadcasting System, Inc. willfully3 and repeatedly4
violated Section 17.4(a) of the Rules by failing to register
its antenna structure with the Commission.
9. Pursuant to Section 1.80(b)(4)5of the Rules, the
base forfeiture amount for failure to register the antenna
structure (failure to file required forms or information) is
$3000. In assessing the monetary forfeiture amount, we must
also take into account the statutory factors set forth in
Section 503(b)(2)(D)6 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. Considering the entire record and
applying the factors listed above, this case warrants a
$3,000 forfeiture.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act7 and Sections 0.111, 0.311 and
1.80 of the Rules8Brown Broadcasting, Inc., is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of three thousand dollars ($3,000) for willful and
repeated violation of Section 17.4(a) of the Rules by
failing to register their antenna structure with the
Commission.
11. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Brown Broadcasting System, Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
12. 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
13. 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-Spectrum Enforcement Division and MUST INCLUDE THE
NAL/Acct. No. referenced above.
14. 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.
15. 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 Spectrum
Enforcement 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.
16. IT IS FURTHER ORDERED THAT a copy of this NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Brown Broadcasting System, Inc., 1186 W. Broad
Street; Athens, Georgia 30606. Additionally, a copy of this
NAL shall be sent by regular mail and Certified Mail Return
Receipt Requested to Brown Broadcasting System, Inc., P.O.
Box 88; Athens, Georgia 30603.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director, Atlanta Office
Enforcement Bureau
Attachment
_________________________
1 47 C.F.R. § 17.4(a).
2 Brown Broadcasting is licensee of radio station WBKZ and
owns the antenna structure utilized by the station.
3Section 312(f)(1) of the Communications Act of 1934, as
amended (``Act''), 47 U.S.C. 312(f)(1), which applies
equally
o Section 503(b) of the Act, provides that the 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
rovision of this Act...''Southern Broadcasting Co., 6 FCC
Rcd 4387(1991).
4The 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.''
547 U.S.C. § 1.80(b)(4).
647 U.S.C. § 503(b)(2)(D).
7 47 U. S.C. § 503(b).
8 47 U.S. C. § 0.111, 0.311 and 1.80
9 47 C.F.R. § 1.1914.