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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
C.W.H. Broadcasting, Inc. ) File No. EB-01-
OR-133
Licensee of WHNY(AM) ) NAL/Acct. No.
200232620001
McComb, Mississippi ) FRN: 0006-3820-48
MEMORANDUM OPINION AND ORDER
Adopted: July 23, 2002 Released: July 25,
2002
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we grant in part and deny in part C.W.H. Broadcasting,
Inc.'s (``C.W.H. Broadcasting'') petition for
reconsideration of a Forfeiture Order that we issued to it,1
imposing a $3,500 forfeiture for willful violations of
Sections 17.4(a)(2), 17.51(a), and 73.49 of the Commission's
Rules (``Rules'').2 The noted violations involved antenna
structure related violations. As explained below, we reduce
the $3,500 forfeiture to $500.
2. Posing no challenge to our finding that it
violated the Commission's Rules, C.W.H. Broadcasting, in its
petition for reconsideration requests cancellation of the
forfeiture. In its request, C.W.H. Broadcasting details a
number of proposed repairs to WHNY(AM) that are unrelated to
the subject violations and elaborates on other information,
some personal in nature, which it first presented in
response to the Notice of Apparent Liability for
Forfeiture.3 After reviewing the particular circumstances
presented in this case, in accord with the discretion
provided to us by Section 504(b) of the Communications Act
of 1934, as amended,4 (``Act'') and implemented by Section
1.80(i) of the Rules,5 we conclude that reduction of the
$3,500 forfeiture to $500 is warranted in this case.
3. Accordingly, IT IS ORDERED that, pursuant to
Section 1.106 of the Rules,6 C.W.H. Broadcasting, Inc.'s
Petition for Reconsideration IS GRANTED TO THE EXTENT NOTED
HEREIN AND DENIED IN ALL OTHER RESPECTS.
4. Payment of the $500 forfeiture shall be made in
the manner provided for in Section 1.80 of the Rules within
30 days of the release of this Order.7 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.8 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 ``NAL/Acct.
No. 200232620001'' and ``FRN: 0006-3820-48'' 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. 20554.9
5. IT IS FURTHER ORDERED that a copy of this Order
shall by sent by certified mail, return receipt requested,
to Charles W. Holt, WHNY Radio, P.O. Box 1223, 1114 Highway
570 East, McComb, Mississippi 39648.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 C.W.H. Broadcasting, Inc., 17 FCC Rcd 4548 (Enf. Bur.
2002) ($20,000 proposed forfeiture reduced to $3,500 based
on inability to pay).
2 47 C.F.R. §§ 17.4(a)(2), 17.51(a), 73.49.
3 C.W.H. Broadcasting, Inc., NAL/Acct. No. 200232620001
(Enf. Bur., New Orleans Office rel. Oct. 24, 2001).
4 47 U.S.C. § 504(b).
5 47 C.F.R. § 1.80(i).
6 47 C.F.R. § 1.106.
7 47 C.F.R. § 1.80.
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.