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

In the Matter of                 )
B&H Broadcasting Systems, Inc.   )    File No. EB-02-DL-290
Texarkana, Arkansas              )    NAL/Acct. No. 200332500001
                                )    FRN 0001-7226-77

                        FORFEITURE ORDER

     Adopted:  April 26, 2004                Released:  April 29, 

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount of  three  thousand  dollars 
($3,000) to B&H Broadcasting  Systems, Inc.  (``B&H''),  licensee 
of radio station  KZRB(FM), located in  Texarkana, Arkansas,  and 
owner of  the station's  antenna structure  (registration  number 
1236577) for willful and repeated violation of Section 17.4(a) of 
the  Commission's  Rules   (``Rules'').1   The  noted   violation 
involves B&H's failure to register its antenna structure for  the 

     2.On  October  7,   2002,  the  District  Director  of   the 
Commission's Dallas, Texas  Office (``Dallas  Office'') issued  a 
Notice of Apparent Liability for  Forfeiture (``NAL'') to B&H  in 
the amount  of three  thousand dollars  ($3,000).2  B&H  filed  a 
response on October 17, 2002.

                     II.          BACKGROUND

     2.   On June  10,  2002,  after receiving  a  report  of  an 
unregistered antenna structure near  Dekalb, Texas, belonging  to 
radio station KZRB(FM), a Commission agent from the Dallas Office 
checked the Commission's Antenna Structure Registration (``ASR'') 
database and  determined that  there were  no registered  antenna 
structures within a two mile radius of the licensed  geographical 
coordinates for station KZRB(FM) (33 24' 54'' N / 094 38'  10'' 
W).  The  agent  then  located  Federal  Aviation  Administration 
(``FAA'') study 95-ASW-1807-OE for  a 499 foot antenna  structure 
located at geographical coordinates 33  24' 54.4'' N / 094  38' 
10.7'' W.  The FAA study was conducted on behalf of B&H.  

     3.   Also on  June 10,  2002, the  agent contacted  Mr.  Ray 
Bursey, president of  B&H.  Mr.  Bursey stated  that the  antenna 
structure had been registered when B&H upgraded station  KZRB(FM) 
and constructed the tower.  The Commission's database showed that 
B&H applied for a license  to cover the construction of  KZRB(FM) 
at its present licensed location on December 16, 1996.3  However, 
Mr. Bursey was unable to produce any documentation to support his 
contention that the antenna structure had been registered.    

     4.   On September  12, 2002,  the  agent again  checked  the 
Commission's  ASR  database.   Still,  there  was  no  registered 
antenna structure  within  a  two mile  radius  of  the  licensed 
geographical coordinates for  station KZRB(FM),  nor any  antenna 
structure registered to B&H.  Not until September 24, 2002,  more 
than three months after the Dallas Office first notified B&H that 
its antenna structure  was not registered,  did the ASR  database 
reflect that an  antenna structure  registration application  had 
been filed  for the  KZRB(FM) tower.4   On October  7, 2002,  the 
District Director of the  Dallas Office issued a  NAL to B&H  for 
its  willful  and  repeated  failure  to  register  the   antenna 
structure.  On October 17,  2002, B&H responded  to the NAL.   In 
its response,  B&H  contends that  it  had timely  completed  and 
submitted the tower registration paperwork to the Commission.  

                        III.  DISCUSSION

     5.   The  proposed  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.7 In examining B&H'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 require.8    

     6.   Section 17.4(a) of the Rules requires that the owner of 
any proposed antenna structure  that requires notice of  proposed 
construction to  the FAA  must register  the structure  with  the 
Commission prior to construction.   B&H is the  owner of the  499 
foot antenna  structure for  KZRB(FM).  This  structure  required 
notice to the FAA, and thus Commission registration, because  the 
structure exceeded  200  feet  (60.96  meters)  in  height  above 
ground.9  From at least June 10, 2002, when the FCC agent advised 
B&H that its antenna structure was not registered to November  6, 
2002, when B&H successfully registered its antenna structure,  we 
find that B&H willfully10 and repeatedly11 failed to register its 
antenna structure for KZRB(FM) in violation of Section 17.4(a) of 
the Rules.  Although B&H claims that it timely sent the  required 
tower registration  paperwork  to  the  Commission,  we  have  no 
evidence of any attempts by B&H to register the tower until three 
months after  B&H was  notified of  the violation  by the  Dallas 
office, nor has B&H provided any such evidence.12    

                  IV.          ORDERING CLAUSES

     8.   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,13  B&H  Broadcasting Systems,  Inc.  IS LIABLE  FOR  A 
MONETARY FORFEITURE  in  the  amount of  three  thousand  dollars 
($3,000) for its  willful and  repeated failure  to register  its 
antenna structure  registration number  1236577 in  violation  of 
Section 17.4(a) of the Rules.  
     9.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.14  
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. 
200332500001 and  FRN 0001-7226-77.   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. 

     7.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to  B&H Broadcasting  Systems, Inc.  Inc., 3720  County 
Avenue, Texarkana, Arkansas 71854.   

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau


1 47 C.F.R.  17.4(a).  
2 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332500001 (Enf. Bur. Dallas Office, October 7, 2002).  
3 File No. BLH-19961216KA.
4  After   three   applications,  the   antenna   structure   was 
successfully registered  on November  6,  2002 and  assigned  ASR 
number 1236577. 

5 47 U.S.C.  503(b).
6 47 C.F.R.  1.80.
7 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
8 47 U.S.C.  503(b)(2)(D).
9 47 C.F.R.  17.7.
10 Section 312(f)(1)  of the  Act, 47 U.S.C.   312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful', 
when used with  reference to  the commission or  omission of  any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision  of 
this Act . . . .''   See Southern California Broadcasting Co.,  6 
FCC Rcd 4387-88 (1991).
11 As provided by 47  U.S.C.  312(f)(2), a continuous  violation 
is ``repeated''  if it  continues for  more than  one day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn 56 (2003).
12 B&H raises several other arguments that appear to have nothing 
to do with the issue of whether its tower has been registered, so 
we do not address them.
13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
14 47 U.S.C.  504(a).
15 See 47 C.F.R.  1.1914.