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


In the Matter of                        )
                              )
Groveton Broadcasting Group, Inc.       )    File No. EB-01-
DL-0488
Licensee of KYCX-FM                )    NAL/Acct. No. 
200232500001
Mexia, Texas                       )    FRN 0005-0152-27


                      FORFEITURE ORDER

     Adopted:  January 30, 2002              Released:  
February 1, 2002

By the Chief, Enforcement Bureau:


     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary forfeiture in the  amount of three thousand dollars 
($3,000) to Groveton Broadcasting Group, Inc. (``Groveton'') 
for willfully violating Section  17.4(a) of the Commission's 
Rules (``Rules'').1  The noted violation involves Groveton's 
failure to register KYCX-FM's antenna structure.  

     2.   On October  2, 2001, the District  Director of the 
Enforcement  Bureau's Dallas,  Texas Field  Office issued  a 
$3,000 Notice of Apparent Liability for Forfeiture (``NAL'') 
to Groveton.2  Groveton filed  a response, dated October 24, 
2001, to the NAL.   
 
     3.   The  NAL arose  from  a visit  by  a Dallas  Field 
Office agent  to KYCX-FM on  October 18, 2000,  during which 
time the agent discovered, among other things, that Groveton 
had not  registered KYCX-FM's antenna structure  as required 
by Section 17.4(a)  of the Rules.  On October  30, 2000, the 
District Director of the Dallas Field Office issued Groveton 
a Notice  of Violation for the  antenna structure violation.  
A subsequent telephone call  from Dallas Field Office agents 
to  KYCX-FM's general  manager on  April 23,  2001, revealed 
that   Groveton  had   not   registered  KYCX-FM's   antenna 
structure.  Five months later, on September 19, 2001, Dallas 
Field Office agents visited  KYCX-FM and found that Groveton 
still had  not registered  KYCX-FM's antenna  structure.  On 
October 2, 2001,  the District Director of  the Dallas Field 
Office issued the subject NAL.

     4.   In  its response  to  the NAL,  Groveton does  not 
contest  that  it  failed   to  register  KYCX-FM's  antenna 
structure.   Instead,  Groveton  asks  that  we  cancel  the 
proposed $3,000 forfeiture based on its alleged inability to 
pay that amount.  To  support its request, Groveton supplies 
us with copies of its U.S.  income tax returns for the years 
1998-2000.

     5.   Although other factors can be considered, the best 
indication of a company's ability to pay a forfeiture is its 
gross  receipts.3   After   reviewing  Groveton's  financial 
information,  we  find  no  evidence that  would  support  a 
financial   hardship-based   reduction   of   the   proposed 
forfeiture amount.   The proposed  $3,000 forfeiture  is not 
excessive in light of Groveton's gross receipts.

     6.   Groveton informs us  that it is in  the process of 
registering   KYCX-FM's   antenna  structure,   which,   the 
Commission's   Antenna   Structure   Registration   database 
reveals, as of January 28, 2002, has not been completed.  To 
the  extent, if  any, that  Groveton  seeks to  rely on  its 
efforts  to correct  this violation,  we note  that remedial 
action, although commendable, will  not nullify a forfeiture 
penalty.4

     7.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 503(b) of the Communications Act of 1934, as amended 
(``Act''),5 and Sections 0.111, 0.311, and 1.80(f)(4) of the 
Rules,6 Groveton  Broadcasting Group,  Inc. IS LIABLE  FOR A 
MONETARY FORFEITURE  in the  amount of $3,000  for violating 
Section 17.4(a) of the Rules.

     8.   Payment  of the  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.  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.7   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. 
200232500001''  and ``FRN  0005-0152-27'' 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. 20554.8

     9.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall by  sent by certified mail,  return receipt requested, 
to Groveton  Broadcasting Group, Inc., 1006-B  Milam Street, 
Mexia, Texas 76667. 

 


                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 C.F.R. § 17.4(a).

2   Groveton   Broadcasting   Group  Inc.,   NAL/Acct.   No. 
200232500001 (Enf.  Bur., Dallas Field Office,  rel. Oct. 2, 
2001).

3 See PJB Communications, 7 FCC Rcd 2088, 2089 (1992).

4 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

5 47 U.S.C. 503(b).
 
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

7 47 U.S.C. § 504(a).

8 See 47 C.F.R. § 1.1914.