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

In the Matter of                )
Media Broadcasting Corporation  )    File No. EB-02-NF-019
Owner of Antenna Structure      )    NAL/Acct. No. 200232640005
Registration # 1011741          )
Winston-Salem, North Carolina   )    FRN 0006-7563-73       

                        FORFEITURE ORDER 

Adopted:  December 3, 2002              Released:   December   5, 

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
        monetary  forfeiture  in  the  amount  of  six   thousand 
        dollars  ($6,000)  to   Media  Broadcasting   Corporation 
        (``Media'')  for  willful   and  repeated  violation   of 
        Sections 17.4(g) and 17.51(a)  of the Commission's  Rules 
        (``Rules'').1   The  noted  violations  involve   Media's 
        failure  to  post  its  antenna  structure   registration 
        (``ASR'')  number  and   its  failure   to  exhibit   red 
        obstruction lighting  on  its antenna  structure  between 
        sunset and sunrise.

     2.   On June 13, 2002,  the Commission's Norfolk,  Virginia, 
        Resident  Agent  Office  (``Norfolk  Office'')  issued  a 
        Notice of Apparent Liability for Forfeiture (``NAL'')  to 
        Media for a forfeiture  in the amount of twelve  thousand 
        dollars ($12,000).2  Media filed its response to the  NAL 
        on July 16, 2002.

                         II.  BACKGROUND

     3.   Media is the licensee of broadcast station WAAA (AM) in 
        Winson-Salem, North  Carolina,  and owns  that  station's 
        antenna structure  (ASR  number 1011741).   The  ASR  for 
        that tower  indicates that  red obstruction  lighting  is 
        required between sunset and sunrise.   On January 22  and 
        23, 2002, an FCC agent from the Norfolk Office  inspected 
        the WAAA  tower  after  sunset.  On  both  occasions  the 
        agent  observed  that  there   was  no  red   obstruction 
        lighting and that the tower's ASR number was not  posted.  
        On January  24,  2002, the  agent contacted  the  Federal 
        Aviation Administration's  (``FAA'') Leesburg,  Virginia, 
        Flight Service  Station,  which advised  the  agent  that 
        there was no Notice to Airmen (``NOTAM'')3 in effect  for 
        the WAAA tower. 

     4.   On February 1, 2002, the Norfolk Office issued a Notice 
        of Violation  (``NOV'')  to Media  for  violations  which 
        included Sections 17.4(g) and 17.51(a) of the Rules.   In 
        its response  to the  NOV, filed  on February  20,  2002, 
        Media stated:   that  it  had notified  the  FAA  of  the 
        lighting  outage   prior   to  July   2001,   when   WAAA 
        temporarily went silent;  that it  made several  attempts 
        to get the bulbs replaced, but ``various certified  tower 
        companies'' refused because of  the age of the tower  and 
        the danger involved in climbing it; and that it  believed 
        the close proximity  of a tower  with lighting  minimized 
        the  risk of  an  accident.   Media's  response  did  not 
        indicate whether it had posted the station's ASR number.

     5.   On June 13, 2002, the Norfolk Office issued a NAL for a 
        forfeiture in the amount of $12,000 to Media for  failure 
        to post the ASR  number, in violation of Section  17.4(g) 
        of the Rules, and for failure to exhibit red  obstruction 
        lighting on  the  antenna structure  between  sunset  and 
        sunrise, in violation of  Section 17.51(a) of the  Rules.  
        In its  response,  filed July  16,  2002, Media  did  not 
        dispute the violations.  Media argued, however, that  the 
        proposed  monetary  forfeiture  should  be  cancelled  or 
        ``greatly reduced'' because of  its inability to pay  and 
        because of the  steps taken to  correct the  violations.4  
        Media asserted  that station  WAAA went  off the  air  on 
        July 9, 2001,  because of  a dispute  with the  station's 
        landlord and  did  not  resume operation  until  July  6, 
        2002.  Media  further asserted  that it  did not  correct 
        the lighting outage immediately because it had no  income 
        while the station was  off the air and, therefore,  could 
        not  afford  the  expense   of  hiring  an   out-of-state 
        contractor to correct the outage; and that the deaths  of 
        its  president's  mother,  aunt  and  best  friend   also 
        delayed  correction  of   the  outage.   Finally,   Media 
        asserted that it  would correct  the outage  ``in just  a 
        few days now.''

     6.   Media, however, did not correct the outage within a few 
        days.  In a  letter to the  Commission postmarked  August 
        16, 2002, Media  indicates that  it did  not correct  the 
        outage because  of  the poor  physical condition  of  the 
        tower  and the  potential  risk  of  serious  harm  to  a 
        climber.  Media asserts that it now plans to replace  the 
        tower but does not indicate when  it will do so.  At  the 
        request of  the Norfolk  Office, a  local police  officer 
        observed the WAAA  tower at  about 1:00  a.m. on  October 
        17, 2002.   The police  officer reported  to the  Norfolk 
        Office that  the  WAAA  tower still  had  no  obstruction 

                      III.      DISCUSSION

     7.   The forfeiture  amount in  this  case was  assessed  in 
        accordance with Section 503(b) of the Communications  Act 
        of 1934,  as  amended  (``Act''),5 Section  1.80  of  the 
        Rules,6 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  Media'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 

     8.   Section 17.4(g) of the  Rules requires posting the  ASR 
        number in  a  conspicuous place  so  that it  is  readily 
        visible near  the  base of  the  tower.  Media  does  not 
        dispute  this  violation.   Thus,  Media  willfully   and 
        repeatedly violated Section 17.4(g) of the Rules.

     9.   Section 17.51(a)  of the  Rules provides  that all  red 
        obstruction lighting  must be  exhibited from  sunset  to 
        sunrise unless  otherwise specified  in the  ASR.   Media 
        does not dispute this  violation.  Thus, Media  willfully 
        and repeatedly violated Section 17.51(a) of the Rules.

     10.  Media has not yet corrected either violation.  Even  if 
        Media had  corrected both  violations, no  mitigation  of 
        the proposed forfeiture would  be warranted on the  basis 
        of correcting the violations.   As the Commission  stated 
        in Seawest Yacht  Brokers, 9 FCC  Rcd 6099, 6099  (1994), 
        ``corrective action taken  to come  into compliance  with 
        Commission rules  or  policy is  expected, and  does  not 
        nullify   or   mitigate   any   prior   forfeitures    or 

     11.  However, based on the financial documentation  provided 
        by Media, we  conclude that payment  of more than  $6,000 
        would be a financial  hardship for Media.  Therefore,  we 
        will  reduce the  proposed  forfeiture  from  $12,000  to 

     12.  We have examined Media'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  Media willfully and  repeatedly 
        violated Sections 17.4(g) and 17.51(a) of the Rules,  but 
        we reduce the forfeiture amount from $12,000 to $6,000.

     13.  The Commission's antenna  structure rules are  intended 
        to  promote   air  traffic   safety.   Accordingly,   the 
        Commission takes compliance  with these rules  seriously.  
        We are concerned that Media's tower remains in  violation 
        of these  rules  even after  issuance  of the  NAL.   The 
        record  indicates  that  Media  has  made  no  meaningful 
        efforts to come into  compliance (even after saying  that 
        it would do so) and there is no evidence that Media  will 
        actually  come  into   compliance  within  the   imminent 
        future.   Accordingly,  we  will  require,  pursuant   to 
        Section 308(b)  of the  Act,9 that  Media report  to  the 
        Enforcement  Bureau  within  thirty  (30)  days  of   the 
        release  of  this  Order   the  status  of  the   antenna 
        structure in question.   Specifically, Media must  report 
        whether the antenna structure  has been dismantled as  it 
        claims it plans  to do in  its response to  the NAL.   If 
        the antenna  structure  has not  been  dismantled,  Media 
        must report whether it has corrected the violations  that 
        are the subject  of this Order.   Media's report must  be 
        submitted in  the  form  of an  affidavit  signed  by  an 
        officer or director of  the licensee.  If Media fails  to 
        submit such a report or we  find that Media has not  come 
        into compliance  with  our antenna  structure  rules,  we 
        will consider issuing an  Order to Show Cause  commencing 
        a hearing proceeding to revoke Media's licenses.

                      IV.  ORDERING CLAUSES

     14.  Accordingly, IT IS  ORDERED that,  pursuant to  Section 
        503(b)  of  the  Act,  and  Sections  0.111,  0.311   and 
        1.80(f)(4)  of  the  Rules,10  Media  IS  LIABLE  FOR   A 
        MONETARY  FORFEITURE  in  the  amount  of  six   thousand 
        dollars ($6,000) for failure  to exhibit red  obstruction 
        lighting on  its  antenna structure  between  sunset  and 
        sunrise in  repeated and  willful violation  of  Sections 
        17.4(g) and 17.51(a) of the Rules.

     15.  IT IS ALSO ORDERED that, pursuant Section 308(b) of the 
        Act, Media must submit the report described in  Paragraph 
        13, above,  within  30  days from  the  release  of  this 
        Order, to Federal Communications Commission,  Enforcement 
        Bureau, Technical and  Public Safety  Division, 445  12th 
        Street, S.W., Room 7A 820,  Washington, D.C.  20554.

     16.  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.11  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 
        reference NAL/Acct. No.  200232640005 and FRN  0006-7563-
        73.  Requests for full payment under an installment  plan 
        should be sent to: Chief, Revenue and Receivables  Group, 
        445 12th Street, S.W., Washington, D.C. 20554.12

     17.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
        be sent by  First Class  Mail and  Certified Mail  Return 
        Receipt  Requested  to  Media  Broadcasting  Corporation, 
        P.O. Box  11197,  Winston-Salem,  North  Carolina  27116-


                         David H. Solomon
                         Chief, Enforcement Bureau

  1 47 C.F.R.  17.4(g) and 17.51(a).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232640005 (Enf. Bur., Norfolk Office, released June 13, 2002).

  3 Tower owners are required to report any obstruction  lighting 
outages to  the  nearest Flight  Service  Station or  FAA  office 
immediately if the  outage is  not corrected  within 30  minutes.  
See 47 C.F.R.  17.48(a).  The FAA then issues a NOTAM, a written 
advisory to  aircraft  pilots  regarding a  hazard  or  potential 
hazard  of  which  they  should   be  aware.   A  NOTAM   expires 
automatically after 15 days, unless the tower owner calls the FAA 
to extend the NOTAM.

  4  Media stated  that the  number  ``FRN 006-5587-53''  is  now 
posted at the tower site.  This is not the number required to  be 
posted.  The  number required  to be  posted is  the ASR  number, 

  5 47 U.S.C.  503(b).

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8  See also  Radio  Station KGVL,  Inc.,  42 FCC  2d  258,  259 
(1973); and  Executive  Broadcasting Corp.,  3  FCC 2d  699,  700 

  9 47 U.S.C.  308(b)

  10 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  11 47 U.S.C.  504(a).

  12 See 47 C.F.R.  1.1914.