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

In the Matter of                )
Radford Communications, Inc.    )    File No. EB-00-NF-310
Station WKRK(AM)               )     NAL/Acct. No. 200132640002  
Murphy, North Carolina          )

                        FORFEITURE ORDER 

Adopted:  February 27, 2001             Released:   March 1, 2001

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary forfeiture  in the  amount of  three thousand  dollars 
  ($3,000)   to  Radford   Communications,  Inc.   (``Radford''), 
  licensee  of  Station WKRK(AM),  Murphy,  North  Carolina,  for 
  willful violation of Section 17.4(a) of the Commission's  Rules 
  (``Rules'').1  The  noted violation involves Radford's  failure 
  to register its antenna structure.

2.        On  October   19,  2000,   the  Commission's   Norfolk, 
  Virginia, Resident Agent  Office (``Norfolk Office'') issued  a 
  Notice  of  Apparent  Liability  for  Forfeiture  (``NAL'')  to 
  Radford  for a  forfeiture  in  the amount  of  three  thousand 
  dollars  ($3,000).2  Radford  filed a  response to  the NAL  on 
  November 15, 2000.

                         II.  BACKGROUND

3.        On July  1,  2000, an  agent  from the  Norfolk  Office 
  inspected  Station WKRK(AM)  to determine  whether the  station 
  was in compliance with the Commission's Emergency Alert  System 
  and antenna  structure registration rules.  Station  WKRK(AM)'s 
  antenna structure  is required to be  registered because it  is 
  more than 200 feet in height above ground level.3  At the  time 
  of the inspection,  Timothy Radford, the president of  Radford, 
  admitted that the antenna structure was not registered.  

4.        On August 11, 2000, the Norfolk Office issued a  Notice 
  of Violation (``NOV'')  to Radford for failure to register  the 
  antenna  structure.   In  its  response  to  the  NOV,  Radford 
  conceded  that  the  antenna  structure  was  not   registered.  
  Radford  stated  that  it had  hired  a  contract  engineer  in 
  December 1996 to measure  and register the tower, but that  the 
  engineer never completed  the work, despite numerous  follow-up 
  calls and  a letter from  Radford requesting that  the work  be 
  completed.    Although  Radford   acknowledged  that   it   was 
  responsible  for ensuring  that the  tower was  registered,  it 
  argued that  its actions  demonstrate that it  made efforts  to 
  get the  work done and did  not simply ignore the  Commission's 
  rules.    Radford  also   stated   that,  following   the   FCC 
  inspection, it  hired another contractor  to measure the  tower 
  and  began completing  the necessary  tower registration  forms 

5.        On October  19, 2000,  the  Norfolk Office  issued  the 
  subject  NAL to  Radford for  failure to  register its  antenna 
  structure  in  willful violation  of  Section  17.4(a)  of  the 
  Rules.   On   November  20,  2000,   the  Commission   received 
  Radford's  response  to the  NAL,  which  seeks  rescission  or 
  reduction of  the forfeiture.   Radford requests  that we  take 
  into consideration its efforts to comply with the  Commission's 
  rules.  Radford  states that  it hired a  contract engineer  to 
  gather the  information needed to register  the tower, but  for 
  some unexplained  reason the  engineer did  not follow  through 
  and  complete the  work.  Radford  further states  that it  has 
  hired another  engineer to  complete the job  and is  currently 
  awaiting the results of  an aeronautical study of the tower  by 
  the Federal Aviation Administration so that it can provide  the 
  necessary information on the tower registration form.   Radford 
  also requests  that we take into  account its financial  status 
  and provides tax returns for 1997, 1998 and 1999.

                      III.      DISCUSSION

6.        As the NAL explicitly states, the forfeiture amount  in 
  this case  was assessed in accordance  with Section 503 of  the 
  Communications  Act of  1934,  as amended  (``Act''),4  Section 
  1.80  of the  Rules,5 and  The Commission's  Forfeiture  Policy 
  Statement  and  Amendment  of Section  1.80  of  the  Rules  to 
  Incorporate  the  Forfeiture  Guidelines,  12  FCC  Rcd   17087 
  (1997),  recon.  denied,  15  FCC  Rcd  303  (1999)   (``Policy 
  Statement'').  In examining Radford's response, Section  503(b) 
  of the Act requires  that the Commission take into account  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.6

7.        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 
  must  register  the structure  with  the  Commission.   Antenna 
  structure  owners were  required to  register existing  antenna 
  structures by  state during prescribed  filing windows  between 
  July 1, 1996, and June 30, 1998.7  Following the expiration  of 
  the filing period, the Commission staff issued a Public  Notice 
  warning antenna structure  owners to register any  unregistered 
  antenna structures subject  to our requirements immediately  or 
  face  possible   monetary  forfeitures  or  other   enforcement 
  action.8   We  find that  Radford  willfully  violated  Section 
  17.4(a) by failing to register its antenna structure.9  

8.        Radford requests that we consider its efforts to comply 
  with  the  antenna  structure  registration  requirement  as  a 
  mitigating factor.   We do not  believe that Radford's  efforts 
  warrant mitigation  of the forfeiture  amount.  The  Commission 
  has long  held that licensees are  responsible for the acts  or 
  omissions of their employees and independent contractors.   See 
  MTD, Inc.,  6 FCC  Rcd 34, 35  (1991); Wagenvoord  Broadcasting 
  Co., 35  FCC 2d  361 (1972).   Furthermore, Radford's  remedial 
  efforts to correct  the violation are not a mitigating  factor.  
  See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

9.        Radford also  requests that  we take  into account  its 
  financial status.   Although other factors  can be  considered, 
  the  Commission has  held that  a  licensee's gross  income  is 
  generally  the  best   indicator  of  its  ability  to  pay   a 
  forfeiture.  See  PJB Communications of  Virginia, Inc., 7  FCC 
  Rcd 2088  (1992).  Radford's tax returns  indicate that it  had 
  gross  revenues of  $211,057 in  1997;  $236,164 in  1998;  and 
  $257,398 in 1999.  The proposed forfeiture amount of $3,000  is 
  not excessive in the context of these revenues.     

10.       We have examined Radford's response to the NAL pursuant 
  to the  statutory factors  above, and in  conjunction with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude  that  Radford   has  failed  to  provide   sufficient 
  justification  for   canceling  or   mitigating  the   proposed 
  forfeiture  amount.  Therefore,  we  affirm the  forfeiture  of 
  three thousand dollars ($3,000). 

                      IV.  ORDERING CLAUSES

11.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503(b) of the  Act,10 and Sections 0.111, 0.311 and  1.80(f)(4) 
  of the Rules,11  Radford Communications, Inc., IS LIABLE FOR  A 
  MONETARY FORFEITURE  in the  amount of  three thousand  dollars 
  ($3,000)  for failure  to  register its  antenna  structure  in 
  willful violation of Section 17.4(a) of the Rules.

12.       Payment of the forfeiture shall  be made in the  manner 
  provided for in Section  1.80 of the Rules12 within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of the Act.13  Payment shall be made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should  note  the  NAL/Acct.  No.  referenced   above.  
  Requests for full  payment under an installment plan should  be 
  sent to: Chief,  Revenue and Receivables Operations Group,  445 
  12th Street, S.W., Washington, D.C. 20554.14

13.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by  Certified Mail Return Receipt Requested to  Radford 
  Communications,  Inc.,   1707  Andrews   Road,  Murphy,   North 
  Carolina 28906, and  its counsel, W. David Sumpter, III,  Esq., 
  39 Hiawassee Street, Murphy, North Carolina 28906.


                         David H. Solomon
                         Chief, Enforcement Bureau

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

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200132640002 (Enf.  Bur., Norfolk  Office, released  October  19, 

  3 See 47 C.F.R.  17.7(a).

  4 47 U.S.C.  503(b).

  5 47 C.F.R.  1.80.

  6 47 U.S.C.  503(b)(2)(D).

  7  Streamlining the  Commission's Antenna  Structure  Clearance 
Procedure and  Revision  of Part  17  of the  Commission's  Rules 
Concerning  Construction,   Marking  and   Lighting  of   Antenna 
Structures, 11  FCC  Rcd 4272,  4281  (1995).  Under  the  filing 
window schedule established by  the Commission, existing  antenna 
structures  located  in  North  Carolina  were  required  to   be 
registered during  a August  1-31, 1996  filing window.   Id.  at 

  8   Public   Notice,   ``No-Tolerance   Policy   Adopted    for 
Unregistered Antenna Structures'' (WTB, January 13, 1999).  

  9 The term ``willfully'' as employed in Section 503 of the  Act 
does not require that the  violation in question be  intentional.  
It is necessary only that the licensee knew that it was doing the 
act in question.  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).

  10 47 U.S.C.  503(b).

  11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  12 47 C.F.R.  1.80.

  13 47 U.S.C.  504(a).

  14 See 47 C.F.R.  1.1914.