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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
M.R.S. Ventures, Inc. File Number EB-07-OR-014
)
Licensee of WDSK-AM NAL/Acct. No. 200732620004
)
Cleveland, MS FRN 0005013222
)
Facility ID # 16554
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 1, 2007
By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that M.R.S. Ventures, Inc., ("M.R.S."), licensee of radio station
WDSK-AM, in Cleveland, Mississippi, apparently repeatedly violated
Section 73.49 of the Commission's Rules ("Rules") by failing to
enclose an antenna tower with radio frequency potential at the base
within an effective locked fence. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that
M.R.S. is apparently liable for a forfeiture in the amount of seven
thousand dollars ($7,000).
II. BACKGROUND
2. On February 7 and February 8, 2007, in response to a complaint, agents
from the Commission's New Orleans Field Office of the Enforcement
Bureau ("New Orleans Office") inspected radio station WDSK-AM in
Cleveland, MS. On both days, the hasp on the gate of the fence
enclosing the antenna structure, which has RF potential at the base,
was broken, allowing easy access. The latch on the gate could not be
secured because of the condition of the hasp. There was no perimeter
fence around the property. On February 8, 2007, the station manager
stated he was unaware of the condition of the fence surrounding the
antenna structure.
III. DISCUSSION
3. 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 "repeated" means the commission or omission of such
act more than once or for more than one day.
4. Section 73.49 of the Rules requires that antenna towers having radio
frequency potential at the base must be enclosed within effective
locked fences or other enclosures. However, individual tower fences
need not be installed if the towers are contained within a protective
property fence. On February 7 and February 8, 2007, the gate of the
fence surrounding WDSK-AM's antenna structure was not secured and
could be easily opened, providing ready access to the base of the
structure. This antenna structure was confirmed to have radio
frequency potential at the base. There was no perimeter fence around
the property. Therefore, the antenna structure was not enclosed within
an effective locked fence or protective property fence.
5. Based on the evidence before us, we find that M.R.S. apparently
repeatedly violated Section 73.49 of the Rules by failing to enclose
a tower, with radio frequency potential at the base, within an
effective locked fence or other enclosure.
6. 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 violation of AM tower fencing is $7,000. In
assessing the monetary forfeiture amount, we must also take into
account the statutory factors set forth in Section 503(b)(2)(E) 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 M.R.S. is apparently liable for a $7,000
forfeiture.
IV. ORDERING CLAUSES
7. 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, M.R.S. Ventures, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of seven thousand dollars ($7,000) for violations of Section
73.49 of the Rules.
8. 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, M.R.S. Ventures, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
forfeiture.
9. 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, New Orleans
Office, 2424 Edenborn Ave., Suite 460, Metairie, Louisiana, 70001 and
must include the NAL/Acct. No. referenced in the caption.
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 submitted.
12. 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.^8
13. 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 M.R.S. Ventures, Inc. at its address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Leroy Hall
District Director
New Orleans Office
South Central Region
Enforcement Bureau
47 C.F.R. S 73.49.
47 U.S.C. S 503(b).
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 73.49.
47 U.S.C. S 503(b)(2)(E).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.49.
^8 See 47 C.F.R. S 1.1914.
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Federal Communications Commission
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Federal Communications Commission