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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
T & W Communications Corporation ) File Number EB-
00-OR-145
P.O. Box 1078 )
Columbus, Mississippi 39703 ) NAL/Acct. No.
200132620001
FORFEITURE ORDER
Adopted: March 20, 2001 Released: March
22, 2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of six thousand five
hundred dollars ($6,500) against T & W Communications
Corporation (``T & W Communications''), licensee of WACR
(AM),1 Columbus, Mississippi, for willfully violating
Sections 17.4(a)(2) and 73.49 of the Commission's Rules
(``Rules'').2 The noted violations involve T & W
Communications's failure to register its antenna structure
and to enclose its antenna structure with an effective
locked fence.
2. On November 9, 2000, the District Director of the
Enforcement Bureau's New Orleans Office issued a Notice of
Apparent Liability (``NAL'') for Forfeiture in the amount of
six thousand five hundred dollars ($6,500).3 T & W
Communications filed a response on December 11, 2000.
II. BACKGROUND
3. On August 23, 2000, an agent from the New Orleans
Office inspected WACR. The agent found that WACR's antenna
structure, which had radio frequency potential at its base,
was enclosed by a fence that was not locked. The agent also
observed that WACR's antenna structure did not have an
antenna structure registration (``ASR'') number displayed at
its base. The agent subsequently learned that WACR's
antenna structure was not registered.
III. DISCUSSION
4. T & W Communications does not contest the
violations, and claims to have corrected them. T & W
Communications submits U.S. Tax Returns for 1997-1999, along
with an Income Statement and Balance Sheet, current through
September of 2000, and asks that we cancel the proposed
forfeiture because of its alleged inability to pay. After
reviewing T & W Communications's financial documentation, we
find that the $6,500 proposed forfeiture is reasonable given
its gross receipts or sales of $510,816 (1997), $406,814
(1998), $511,304 (1999), and $370,928 (through September of
2000).4
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act, as amended,5 and Sections 0.111,
0.311, and 1.80(f)(4) of the Rules,6 T & W Communications IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $6,500 for
violating Sections 17.4(a)(2) and 73.49 of the Rules
requiring it to register its antenna structure and to
enclose that antenna structure with an effective locked
fence.7
6. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules,8 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.9 Payment may 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.
200132620001 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. 20554.10
7. IT IS FURTHER ORDERED that copies of this Order
shall be sent by Certified Mail Return Receipt Requested to
Danny Byrd, T & W Communications Corporation, P.O. Box 1078,
Columbus, Mississippi 39703.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 All our references to WACR in this Order are to WACR
(AM) and not co-located WACR-FM.
2 47 C.F.R. § § 17.4(a)(2), 73.49.
3 Notice of Apparent Liability for Forfeiture,
NAL/Acct. No. 200132620001 (Enf. Bur., rel. Nov. 9, 2000).
4 See PJB Communications, 7 FCC Rcd 2088 (1992).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
7 47 C.F.R. §§ 17.4(a)(2), 73.49.
8 47 C.F.R. § 1.80.
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.