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


In the Matter of                        )
                              )
Anastos Media Group, Inc.               )    File No. EB-02-
BF-015
Licensee of WUAM(AM)               )    NAL/Acct. No. 
200232280002
Malta, New York                    )    FRN: 0006-5575-99 


                MEMORANDUM OPINION AND ORDER

     Adopted:  April 28, 2003                Released:  
April 30, 2003

By the Chief, Enforcement Bureau:

                      I.   Introduction 

     1.   In this Memorandum  Opinion and Order (``Order''), 
we cancel a $7,000 forfeiture proposed against Anastos Media 
Group,  Inc.  (``Anastos  Media'') for  willfully  violating 
Section 73.49  of the Commission's Rules  (``Rules'').1  The 
noted violation involves Anastos  Media's failure to enclose 
WUAM(AM)'s antenna structure  within effective locked fences 
or other structures.

     2.   On  June  21,  2002,  a Resident  Agent  from  the 
Enforcement Bureau's Buffalo, New York Resident Agent Office 
(``Buffalo  Office'') issued  a  $7,000  Notice of  Apparent 
Liability for Forfeiture (``NAL'')  to Anastos Media for the 
noted violation.2  On  July 19, 2002, Anastos  Media filed a 
response  to  the  NAL.    Anastos  Media  supplemented  its 
response on March 31, 2003.

                       II.  Background

     3.   On  February 7,  2002, a  Buffalo Office  Resident 
Agent  inspected  the   antenna  structure  associated  with 
Anastos Media's  AM Station, WUAM, in  Saratoga Springs, New 
York.  The  Resident Agent observed that  the gate providing 
access to the antenna structure's  base was unlocked and the 
gate itself  was open in  violation of Section 73.49  of the 
Rules.  On  February 13, 2002,  the Resident Agent  issued a 
Notice of Violation (``NOV'')  to Anastos Media notifying it 
of the violation, and on  June 21, 2002 issued Anastos Media 
a $7,000 NAL for the willful violation of the noted rule.

     4.   In its  response and supplemental response  to the 
NAL,  Anastos Media  does not  dispute the  Resident Agent's 
observation  that on  February 7,  2002, the  gate providing 
access to its antenna structure's  base was unlocked and the 
gate itself was open.  Anastos Media, instead, surmises that 
an unknown  third-party cut  the lock  and requests  that we 
reduce or cancel the proposed forfeiture.

                       III. Discussion

     5.   The  Buffalo Office  Resident  Agent assessed  the 
forfeiture amount  in this  case in accordance  with Section 
503(b) of the  Communications Act of 1934,  as amended,3 and 
Section 1.80 of the  Rules,4 and The Commission's Forfeiture 
Policy Statement and Amendments of Section 1.80 of the Rules 
to  Incorporate  the   Forfeiture  Guidelines  (``Forfeiture 
Policy Statement'').5  In examining Anastos Media's response 
and supplemental response to the  NAL, Section 503(b) of the 
Act requires the Commission to 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  such other 
matters as justice may require.6

     6.   According  to  Anastos  Media's  president,  in  a 
statement submitted  under the penalty of  perjury, ``it has 
been  Anastos  Media's regular  practice  to  keep the  gate 
around the base  of WUAM(AM) tower locked,''  and to ``check 
the WUAM(AM) tower gate to  ensure that it remains locked.''  
The president adds  that Anastos Media did  not become aware 
of the  violation until it  received the NOV, which,  in its 
response to  the NOV,  it states was  on February  15, 2002.  
That  same  day,  the  president  continues,  he  asked  the 
station's  engineer  to  examine the  site.   The  station's 
engineer  reported that  the  gate's lock  had been  broken.  
Anastos Media replaced the lock later that day.

     7.   Anastos Media  states that prior to  receiving the 
NOV,  it consented  to  have the  antenna structure  owner's 
engineer  visit the  site  and make  adjustments to  Anastos 
Media's  antenna  tuning  unit  (Anastos  Media  leases  the 
antenna structure).  According to Anastos Media, the antenna 
structure owner  subsequently notified it that  the engineer 
visited the site and made  adjustments to the antenna tuning 
unit.  Anastos Media hypothesized in its response to the NOV 
that the antenna structure owner's engineer may have cut the 
lock  to  gain access  to  the  site without  notifying  it.  
However, it states in its response to the NAL and reiterates 
in its supplement thereto that it  does not in fact know who 
cut the lock.  

     8.   Having a more complete  record before us, we find, 
that in  this instance, Anastos  Media acted in  good faith.  
The  basis  for  our   decision  rests  on  Anastos  Media's 
president's declarations, made under the penalty of perjury, 
of Anastos  Media's regular  practice to  check the  gate to 
ensure that  it remained locked  coupled with the  fact that 
his investigation  revealed that an unknown  third-party cut 
the  lock  to  the   antenna  structure  gate.   We  further 
recognize  that  Anastos  Media  has a  history  of  overall 
compliance  with  the  Rules.   Applying  the  two  downward 
adjustment  criteria  to  this case  and  the  circumstances 
presented  here, we  find  sufficient reason  to cancel  the 
$7,000 proposed forfeiture.
                    IV.  Ordering Clauses

     9.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  504(b)  of  the  Communications  Act  of  1934,  as 
amended,7 and Section  1.80(f)(4) of the Rules,8  the NAL IS 
CANCELLED.

     10.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  by sent  by first  class and  certified mail,  return 
receipt requested,  to Polly  B. Smothergill,  Esq., Wilmer, 
Cutler &  Pickering, 2445  M Street, N.W.,  Washington, D.C. 
20037,  and to  J. Scott  Collins, President,  Anastos Media 
Group,  Inc.,  100  Saratoga  Village  Boulevard,  21  Malta 
Commons, Malta, New York 12020.



                         FEDERAL COMMUNICATIONS COMMISSION

                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 C.F.R. § 73.49.

2  Anastos Media  Group,  NAL/Acct.  No. 200232280002  (Enf. 
Bur., Buffalo Resident Agent Office, rel. June 21, 2002).

3 47 U.S.C. § 503(b).

4 47 C.F.R. § 1.80.

5 12 FCC Rcd 17,087 (1997), recon. denied, 15 FCC Rcd 303 
(1999).

6 47 U.S.C. § 503(b)(2)(D).

7 47 U.S.C. § 504(b).
 
8 47 C.F.R. § 1.80(f)(4).