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

In the Matter of                   )      File Number EB-03-KC-190
Eagle Broadcasting, Inc.           )     NAL/Acct. No.200432560003
Owner of Antenna Structures        )
located in                         )             FRN: 0003 7383 90
Miami, Oklahoma                    )


                                 Released:  January 20, 2004
By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

      1.     In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Eagle Broadcasting, Inc. 
(``Eagle Broadcasting''), owner of three unregistered 
antenna structures located at AM radio station KVIS licensed 
to Miami, Oklahoma1, apparently liable for a forfeiture in 
the amount of three thousand dollars ($3,000) for the 
repeated violation of Section 17.4(a) of the Commission's 
Rules (``Rules'').2  Specifically, we find Eagle 
Broadcasting apparently liable for failure to register its 
antenna structures with the Commission.

                       II.  BACKGROUND

      2.   On December 4, 2003, an agent of the FCC 
Enforcement Bureau's Kansas City Office (``Kansas City 
Office'') inspected the antenna structures located at 36 
53' 30.6'' North Latitude  and 94 47' 10.6'' West  
Longitude, 36 53' 24.2'' North Latitude  and 94 47' 07.5'' 
West Longitude and 36 53' 16.6'' North Latitude and 94 47' 
03.7'' West  Longitude, in Miami, Oklahoma.  The structures 
were painted and lighted and utilized for the transmission 
of radio frequency energy.  The Commission's Antenna 
Structure Registration database showed no record of these 
structures having been registered.

      3.   On December 5, 2003, the agent interviewed the 
station manager of Eagle Broadcasting, who verified that 
Eagle Broadcasting, Inc. owned the antenna structures since 
about 1991.  The manager was aware of the requirements that 
the towers be registered and believed the previous station 
manager had done so.  The manager also verified that the 
antenna structures were 276 feet in height and being 
utilized for the transmission of radio frequency energy as 
part of the KVIS operation. 
                      III.  DISCUSSION

      4.  Section  17.4(a)  of   the  Rules  provides  
that, effective  July  1, 1996,  owners  of  any existing  
antenna structures that require notification to the Federal 
Aviation Administration  (``FAA'') must  register the  
structure with the Commission.   Section 17.4(a)(2) of the  
Rules provides that, effective July 1, 1998, owners of an 
antenna structure that  had been  assigned painting  or 
lighting  requirements prior to July 1, 1996,  must register 
the structure with the Commission.  Eagle Broadcasting's 
antenna structures required notification to the FAA because 
all the structures exceeded 200 feet  in height.  Therefore,  
Eagle Broadcasting's three antenna structures required 
Commission registration.

      5.  Based on the evidence before us, we find Eagle 
Broadcasting, Inc. repeatedly3 violated Section 17.4(a) of 
the Rules by failing to register its three antenna 
structures with the Commission since at least January 1, 
2003 until at least December 5, 2003.

      6.  Pursuant to Section 1.80(b)(4)4 of 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)5 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

        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 Rules7  Eagle  Broadcasting,  Inc., is  hereby 
amount  of  three  thousand dollars  ($3,000)  for  repeated 
violation  of Section  17.4(a) of  the Rules  by failing  to 
register its three antenna structures with the Commission. 

      8.   IT IS FURTHER  ORDERED THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Eagle Broadcasting, 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.  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,  D.C.  20554,  Attn:  Enforcement 
Bureau-Spectrum  Enforcement 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  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.

     13. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested  to  Eagle Broadcasting,  Inc.,  P.  O. Box  1555, 
Miami, Oklahoma 74355.


                         Robert C. McKinney
                         District   Director,  Kansas   City 
                         Enforcement Bureau


1 Eagle Broadcasting, Inc. is licensee of radio station KVIS 
and owns the antenna structure utilized by the station.

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

3 The 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.''

4 47 U.S.C.  1.80(b)(4).

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

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

7 47 U.S.C.  0.111, 0.311 and 1.80

8 47 C.F.R.  1.1914.