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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                              
                                                                    
                                     )                              
     In the Matter of                                               
                                     )                              
     Flagship Communications, Inc.       File Number: EB-05-TP-363  
                                     )                              
     Licensee of WNWF (AM)               NAL/Acct. No.200732700002  
                                     )                              
     Destin, Florida                             FRN  0008-8704-87  
                                     )                              
     Facility ID No. 72803                                          
                                     )                              
                                                                    
                                     )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October17, 2006

   By the District Director, Tampa District Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Flagship Communications, Inc.  ("Flagship"), the licensee of AM
       radio station WNWF in Destin, Florida, apparently willfully and
       repeatedly violated Section 17.57  of the Commission's Rules ("Rules")
       by failing to notify the Commission of a change in ownership
       information  for antenna structure # 1226311 and apparently willfully
       violated Section 73.3526 of the Rules by failing to make available a
       complete public inspection file. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Flagship  is apparently liable for a forfeiture in the amount of
       thirteen thousand dollars ($13,000).

   II. BACKGROUND

    2. On November 30, 2005, agents from the  Commission's Tampa Office of
       the Enforcement Bureau ("Tampa Office") conducted an inspection of AM
       radio station WNWF located in Destin, Florida.   During regular
       business hours, the agents  requested to inspect the station's public
       inspection file. The station's General Manager was unable to produce
       copies of the station's contour maps; the ownership reports; the
       political file, the Public and Broadcasting Manual; the Issues-Program
       lists for any quarter; or copies of the station's  local public notice
       announcements.

    3. On January 4, 2006, a search of the Commission's Antenna Structure
       Registration ("ASR") database revealed that station WNWF's antenna
       structure  with ASR #  1226311  was registered to Bayou
       Communications, Inc. According to Commission records, ownership of
       antenna structure # 1226311 was transferred to Flagship when it
       acquired station WNWF in 2003. On January 11, 2006, the General
       Manager for the station confirmed that Flagship is the owner of the
       antenna structure. On that date, an agent from the Tampa Office
       informed the General Manager that he needed to update the ownership
       information in the ASR database. As of October 10, 2006, Flagship had
       not updated its antenna structure's ownership information.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 17.57 of the Rules requires the owner of any antenna structure
       for which an ASR Number has been obtained to immediately notify the
       Commission using FCC Form 854 upon any change in ownership
       information. Flagship became the owner of antenna structure # 1226311
       in 2003 when it acquired station WNWF. As of October 10, 2006,
       Flagship failed to notify the Commission of the change in ownership of
       its antenna structure.

    6. Section 73.3526(a)(2) of the Rules requires commercial broadcast
       stations to maintain for public inspection, a file containing
       materials listed in that section.  On November 4, 2005, in response to
       a request made to inspect the station's public file during normal
       business hours, station WNWF was unable to produce the most current
       contour maps; ownership reports; the political file; "The Public and
       Broadcasting" manual; any quarterly issues and programs lists; or any
       local public notice announcements. There was also no evidence that
       these items were ever in the file.

    7. Based on the evidence before us, we find that Flagship  apparently
       willfully and repeatedly violated Section 17.57 of the Rules by
       failing to update the Commission's antenna registration records and
       apparently willfully violated Section 73.3526  of the Rules by failing
       to make available a complete public inspection file.

    8. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failure to file required forms or
       information (e.g. failure to notify the Commission of a change in
       ownership information) is $3,000, and the base forfeiture amount for
       violation of public inspection file rules 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 Act, which
       include the nature, circumstances, extent, and gravity of the
       violations, and with respect to the violator, the degree of
       culpability, and 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, we conclude that Flagship is apparently liable for a $13,000
       forfeiture.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Flagship Communications,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of  thirteen thousand dollars ($13,000) for violation of
       Sections  17.57 and 73.3526  of the Rules.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Flagship Communications,
       Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   11. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Tampa District Office, 2203 North Lois
       Avenue, Room 1215 Tampa, Florida 33607 and must include the NAL/Acct.
       No. referenced in the caption.

   13. 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.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   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, and regular mail, to  Flagship Communications, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 17.57.

   47 C.F.R. S 73.3526.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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."

   47 C.F.R. S 17.57.

   47 C.F.R. S 73.3526 (a)(2).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.57,
   73.3526.

   See 47 C.F.R. S 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission