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

In the Matter of                )       File No. EB-04-BF-018
M.B. Communications, Inc.       )       NAL/Acct. No. 
WYLF                            )
Penn Yan, New York              )       FRN: 0000012005


                                        Released:    August   25, 

By the Resident Agent, Buffalo Office, Northeast Region, 
Enforcement Bureau:


     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that M.  B. Communications,  Inc., licensee  of 
radio station  WYLF,  has  apparently  willfully  and  repeatedly 
violated Sections  73.49, 73.1560(a)(1),  and 73.1745(a)  of  the 
Commission's Rules  (the ``Rules'')1  by failing  to enclose  the 
WYLF tower within  an effective locked  fence or other  enclosure 
and by operating with excessive power during daytime,  postsunset 
and nighttime hours  We  conclude that M.B. Communications,  Inc. 
is apparently liable  for a  forfeiture in the  amount of  eleven 
thousand dollars ($11,000).


     2.   On February 2,  2004, the  Commission's Buffalo  Office 
received an anonymous phone call stating that WYLF was  operating 
overpowered during nighttime operation.  On February 4, 2004,  an 
agent of  the Buffalo  Office  made field  strength  measurements 
approximately 1.07 miles from the  WYLF antenna at coordinates  N 
latitude 42  39  52, W  longitude  076  06 00.   The  agent  took 
measurements for daytime and  nighttime operation and  determined 
that the station was operating in excess of authorized levels for 
both modes of  operation.  On  February 9, the  agent made  field 
strength measurements at 7:45 PM and monitored the station  until 
8:15 PM.  During that time, the  station did not reduce power  to 
the  authorized  nighttime  level.   The  agent  took  additional 
measurements on February 24, 2004 at 12:13 PM and confirmed  that 
the station was operating in  excess of authorized levels  during 
the daytime.  

     3.   On February 24, 2004, an agent from the Buffalo  Office 
visually inspected  the WYLF  antenna and  tower enclosure.   The 
agent found that the gate to the enclosure was secured by a long-
cabled lock, but the amount of slack in the cable resulted in  an 
inadequately secured lock  that allowed unimpeded  access to  the 
tower.  The agent also observed a space of at least eighteen (18) 
inches between  the  bottom of  the  fence and  the  ground  that 
allowed unimpeded access to the live tower.


     4.   Section 73.49 of  the Rules  provides that  ``[a]ntenna 
towers having radio frequency potential at the base (series  fed, 
folded unipole,  and insulated  base antennas)  must be  enclosed 
within effective locked fences or other enclosures.''  The  Rules 
regarding how to secure tower  sites are intended to ensure  that 
the public is appropriately protected from any potential  adverse 
effects from RF  exposure.  As described  above, an  inadequately 
secured lock on  the gate  and a gap  between the  bottom of  the 
fence and the ground allowed unimpeded entry to the tower.

     5.   Section  73.1560(a)(1)  of  the  Rules  provides   that 
``[e]xcept as provided for in paragraph (d) of this section,  the 
antenna input  power  of  an  AM station  as  determined  by  the 
procedures specified in   73.51  must be maintained  as near  as 
practicable to the authorized antenna input power and may not  be 
less than  90 %  or more  than 105%  of the  authorized  power.''  
Measurements made  on February  4, 2004,  and February  9,  2004, 
showed daytime  operation at  power  levels of  115% to  123%  of 
authorized power.

     6.   Section 73.1745(a) of  the Rules  provides that  ``[n]o 
broadcast station shall operate at times, or with modes of power, 
other than those specified and made a part of the license, unless 
otherwise provided in this part.''  Measurements of station  WYLF 
on February 4, 9,  and 24, 2004,  along with operating  parameter 
entries in station logs dating  back to December 2, 2002,  showed 
the station was  operating at power  levels of 115%  to 2551%  of 
authorized  power  during  daytime,  postsunset,  and   nighttime 

     7.   Based on  the evidence  before us,  we find  that  M.B. 
Communications, Inc. willfully2 and repeatedly3 violated Sections 
73.49, 73.1560(a)(1),and 73.1745(a)  of the Rules  by failing  to 
enclose the WYLF tower within an effective locked fence or  other 
enclosure and  failing  to  insure  WYLF  was  operating  at  the 
authorized modes of power specified and made part of the license.

     8.   Pursuant  to   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''), and Section 1.80 of the Rules4, the base forfeiture 
amount for AM  tower fencing  is $7,000 and  the base  forfeiture 
amount for exceeding  power limits is  $4,000.  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, as amended5 (``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.   Applying   the  Forfeiture   Policy 
Statement, Section 1.80, and the statutory factors to the instant 
case, an eleven thousand dollar ($11,000) monetary forfeiture  is 


     9.   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, M.B.  Communications  Inc.  is hereby  NOTIFIED  of  this 
APPARENT LIABILITY  FOR  A FORFEITURE  in  the amount  of  eleven 
thousand dollars ($11,000) for willful and repeated violations of 
Sections 73.49, 73.1560(a)(1), and73.1745(a) of the Rules.

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, M.B. Communications, Inc. SHALL PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     10.  Payment of  the forfeiture  must be  made by  check  or 
similar  instrument,  payable  to   the  order  of  the   Federal 
Communications  Commission.    The  payment   must  include   the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check  or 
money order  may  be  mailed to  Forfeiture  Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.   Payment by overnight  mail 
may be sent  to Bank  One/LB 73482,  525 West  Monroe, 8th  Floor 
Mailroom, Chicago, IL  60661.  Payment  by wire  transfer may  be 
made to  ABA  Number  071000013, receiving  bank  Bank  One,  and 
account number 1165259.

     11.  Any response  to this  NAL must  be mailed  to  Federal 
Communications Commission, Buffalo Office, 1307 Federal Building, 
111 West Huron Street, Buffalo, New York 14202, and MUST  INCLUDE 
THE NAL/Acct. No. referenced above. 

     12.  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 

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

     14.  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 address  listed above for  the 
filing of  the  response.   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.

     15.  IT IS FURTHER  ORDERED that  a copy of  this Notice  of 
Apparent Liability for Forfeiture shall be sent by Certified Mail 
Return Receipt Requested to  M.B. Communications, Inc., 100  Main 
Street, Penn Yan, New York 14527.

                                FEDERAL            COMMUNICATIONS 

                                Gene J. Stanbro
                                Resident Agent
                                Buffalo Office

Attachment A - FCC List of Small Entities, October 2002


1 47 C.F.R.  73.49, 73.1560(a)(1), and 73.1745(a).
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.
47 U.S.C.  503(b)(2)(D).
 47 U.S.C.  503(b).

747 C.F.R.  0.111 and 0.311.

8 See 47 C.F.R.  1.1914.