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

In the Matter of                )            
                                )       File No. EB-03-CF-401
Louisa Communications, Inc.     )       NAL/Acct.             No. 
WZAQ                            )       
Louisa, Kentucky                )       FRN: 0003 7801 03 


                                             Released: January 
12, 2004  

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Louisa  Communications, Inc.  (``Louisa'') 
has apparently violated  Section 17.4(a)(2)  of the  Commission's 
Rules1 (``Rules''), by failing to register its antenna structure.  
We conclude that Louisa is apparently liable for a forfeiture  in 
the amount of three thousand dollars ($3,000).

                         II.  BACKGROUND

     2.   On July  16,  2003,  an  agent  from  the  Commission's 
Columbia, Maryland  office inspected  WZAQ in  Louisa,  Kentucky.  
The agent found that there was  no record at the station  showing 
that the station's tower at 38  10 33 North Latitude and  82 
37 39  West Longitude,  near Louisa,  Kentucky was  registered 
with the FCC.   The Commission's  Antenna Structure  Registration 
database  showed  no  record   of  this  structure  having   been 

     3.   During the  inspection  on  July 16,  2003,  the  agent 
interviewed the  station's manager  and the  station's owner  and 
verified that Louisa owned the tower.  During the interviews, the 
agent noted that  both individuals indicated  knowledge that  the 
antenna structure needed to be  registered, but assumed that  the 
station's attorney had taken care of the matter.

     4.   The Commission issued a license to Louisa dated January 
16, 1992. The license  shows the antenna  structure is 91  meters 
above  ground  level  and  requires  painting  and  lighting   in 
accordance with paragraphs 1, 3, and 11, and 21 of FCC Form 715.

                        III.  DISCUSSION

     5.   Section  17.4(a)(2)  of  the  Rules  requires   antenna 
structures  that   had  been   assigned  painting   or   lighting 
requirements prior to July 1, 1996 be registered prior to July 1, 
1998.  The station license  lists antenna structure painting  and 
lighting requirements.  As  of the  date of  this Notice,  Louisa 
still has not registered the antenna structure.

     6.   Based on the  evidence before us,  we find that  Louisa 
willfully2 and repeatedly3 violated Section 17(4)(a) of the Rules 
by failing to register  its antenna structure.  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')4, sets the base forfeiture amounts at  $3,000 
for failure  to  file the  required  forms or  information  (e.g. 
failure to  register the  antenna structure).   In assessing  the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act of 1934 (``Act''), as amended,5 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.  Applying the Forfeiture Policy Statement 
and the statutory factors  to the instant  case and applying  the 
inflation adjustments, we  believe that a  three thousand  dollar 
($3,000) monetary forfeiture is warranted.  

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,7 Louisa is hereby NOTIFIED of this APPARENT LIABILITY  FOR 
A FORFEITURE in the amount of three thousand dollars ($3,000) for 
willful and repeated violation Section 17.4(a)(2) of the Rules by 
failing to register an existing  antenna structure that had  been 
assigned painting or lighting requirements prior to July 1, 1996.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Louisa  Communications 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. 200432340001, and FRN 0003 7801 03. 

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200432340001. 

     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.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.8

     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 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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Louisa Communications, Inc., P.O. Box  176, 
Louisa, KY 41230.

                                FEDERAL            COMMUNICATIONS 

                                Charles C. Magin
                                District Director
                                Columbia Office

Attachment A: Condensed List of Small Entities

1 47 C.F.R.  17.4(a)(2)

2 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).

3 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.

447 C.F.R.  1.80.

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

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

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

8 See 47 C.F.R.  1.1914.