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

In the Matter of                 )
Casey Network, LLC               )    File No. EB-03-AT-084
Licensee of AM Broadcast         )    NAL/ACCT No. 200332480023
Station WRFS                     )    FRN:  0005-0273-13
Auburn, Alabama

                        FORFEITURE ORDER

Adopted:  July 30, 2004                      Released:  August 4, 

By the Chief, Enforcement Bureau:


     1.   In a  May  6, 2003  Notice  of Apparent  Liability  for 
Forfeiture  (``NAL''),1  the  District  Director-Atlanta   Office 
proposed a monetary forfeiture of seven thousand dollars ($7,000) 
for Casey Network, LLC (``Casey'')  based on an apparent  willful 
and repeated violation of Section 73.49 of the Commission's Rules 
(``Rules'').2  That  section requires  that antenna  towers  with 
radio frequency potential at the base must be enclosed within  an 
effective locked fence.  On June 27, 2003, Casey filed a Response 
to the NAL.3  In  this Forfeiture Order,  we affirm the  monetary 
forfeiture in the amount of $7,000.


     2.   Casey does  not  contest  the  subject  violation,  but 
alleges  that  it   promptly  (``within  three   days''  of   the 
Commission's agent's inspection) and in good faith constructed  a 
new fence.4  We find that no mitigation is warranted on the basis 
of the alleged  correction of the  violation.  As the  Commission 
stated in  Seawest Yacht  Brokers, ``corrective  action taken  to 
come into compliance with Commission rules or policy is expected, 
and does  not  nullify  or  mitigate  any  prior  forfeitures  or 
violations.'' 5  

     3.   Casey claims  that  the  fine  would  place  a  ``great 
financial strain on WRFS.''  As  evidence of an inability to  pay 
the forfeiture  amount, Casey  submits  that its  stand-alone  AM 
station -  whose competition  comprises three  FM stations  -  is 
located in  a  shrinking Alabama  town  whose only  industry  has 
mostly  shifted  to  Mexico.   Casey  avers  that  this  ``severe 
economic depression'' has  resulted in the  station operating  in 
the red, with  billings of less  than $25,000 per  year over  the 
last  four  years.    Because  Casey   has  presented   financial 
information only with respect to this station and not his company 
overall,6 and has not  provided any supporting documentation,  we 
are not in  a position  to make  a downward  adjustment based  on 
inability to pay.7


     4.   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 
the amount  of  $7,000  for willfully  and  repeatedly  violating 
Section 73.49 of the Rules. 

     5.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules9 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.10  
Payment shall 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 must  include 
the  FCC  Registration  Number   (FRN)  and  the  NAL/Acct.   No. 
referenced in the  caption.  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. 20554.11

     6.   IT IS FURTHER ORDERED THAT this Order shall be sent  by 
first class mail and certified mail, return receipt requested, to 
Casey Network, LLC, 908 Opelika Road, Auburn, Alabama, 36830.    



                         David H. Solomon
                         Chief, Enforcement Bureau

1 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332480023 (Enf. Bur., Atlanta Office, rel. Jan. 29, 2003).
2 47 C.F.R.  73.49.
3 Letter from Jimmy Jarrell,  President, Casey Radio Network,  to 
Federal Communications Commission (June 25, 2003) (``Response'').
4 Response at 1.
5 See Seawest  Yacht Brokers, 9  FCC Rcd 6099,  6099 (1994),  see 
also Callais Cablevision, Inc., 17  FCC Rcd 22626, 22629  (2002); 
Radio Station  KGVL,  Inc.,  42  FCC  2d  258,  259  (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).
6 See, e.g.,  KASA Radio Hogar,  Inc., 17 FCC  Rcd 6256,  6258-59 
7 As  indicated in  the  NAL, the  Commission will  not  consider 
reducing or  canceling a  forfeiture in  response to  a claim  of 
inability to pay unless the petitioner submits:  (1) federal  tax 
returns for  the most  recent  three-year period;  (2)  financial 
statements prepared according  to generally accepted  accounting; 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
847 C.F.R.  0.111, 0.311, 1.80(f)(4).
947 C.F.R. 1.80.
1047 U.S.C.  504(a).
1147 U.S.C.  1.1914.