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

In the Matter of                )  
Leon's Radio Inc.               )    File No. EB-03-DL-080
Owner of Antenna support structure 1011122   )
Located in Moore, Oklahoma      )    NAL/Acct. No. 200332500007
Oklahoma City, Oklahoma         )    RN: 0001-7075-95

                        FORFEITURE ORDER 

Adopted: September 1, 2004                   Released:  September 
3, 2004

By the Chief, Enforcement Bureau:


         1.    In this Forfeiture Order  (``Order''), we issue  a 
           monetary   forfeiture   of   ten   thousand    dollars 
           ($10,000) to Leon's Radio Inc. (``Leon's Radio'')  for 
           willful   violation   of   Section   17.50   of    the 
           Commission's  Rules (``Rules).1   The noted  violation 
           involves  Leon's Radio's  failure to  comply with  the 
           prescribed antenna structure painting requirements. 

         2.    On May 2,  2003, the  Commission's Dallas,  Texas, 
           Field  Office (``Dallas Office'')  issued a Notice  of 
           Apparent Liability for Forfeiture (``NAL'') to  Leon's 
           Radio  proposing a  forfeiture in  the amount  of  ten 
           thousand  dollars ($10,000).2  Leon's Radio  responded 
           to the NAL on May 13, 2003.


         3.    Leon's  Radio  owns   and  operates  the   antenna 
           structure   registered  with   the  Commission   under 
           antenna structure registration number 1011122.  It  is 
           located  at Moore, Oklahoma, and its height is  listed 
           in  the  Commission's Antenna  Structure  Registration 
           (``ASR'') database as 105.4 meters (343.7 feet)  above 
           ground  level.  The registration requires  appropriate 
           marking and lighting.

         4.    On February  20, 2003,  an agent  from the  Dallas 
           Office inspected Leon Radio's antenna structure  site.  
           The agent observed that the antenna structure's  paint 
           was  badly faded and that there was unpainted  coaxial 
           cable  on the tower, resulting  in poor visibility  of 
           the  structure.  The agent  contacted Leon's Radio  on 
           February  21, 2003, and spoke to it about the  tower's 
           condition.   Leon's  Radio stated  that it  was  aware 
           that  the structure needed repainting,  and it was  in 
           the process of securing a painting company.  

         5.    On May 2,  2003, the Dallas  Office issued an  NAL 
           for a forfeiture in the amount of $10,000 for  willful 
           violation of Section 17.50 of the Commission's  Rules.  
           In  its  response,  on  May  13,  2003,  Leon's  Radio 
           opposed  imposition of a  forfeiture based on  several 
           factors:   specifically,  that  it  made  good   faith 
           attempts  before  the inspection  to find  a  painting 
           company  for the antenna structure, that it  repainted 
           the  tower promptly  after the  Commission notice  and 
           before  the NAL was  issued, and that  its failure  to 
           repaint  the tower  before Commission  notice was  not 

     III.       DISCUSSION

         6.    The proposed forfeiture  amount in  this case  was 
           assessed  in  accordance with  Section 503(b)  of  the 
           Communications  Act of  1934, as  amended  (``Act''),4 
           Section  1.80  of  the Rules,5  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'').  
           Section   503(b)  of   the  Act   requires  that   the 
           Commission,  in  examining  Leon's  Radio's  response, 
           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  As discussed  below, 
           we have considered Leon's Radio's response to the  NAL 
           in  light of  these statutory factors  and have  found 
           that  reduction  of  the proposed  forfeiture  is  not 

         7.    Section 17.50 of the  Rules provides that  antenna 
           structures  requiring  painting shall  be  cleaned  or 
           repainted  as  often  as necessary  to  maintain  good 
           visibility.   Leon's Radio admitted to the agent  that 
           its  antenna structure needed repainting.  In  support 
           of  its claims of good faith and cooperation with  the 
           Commission's  Rules, Leon's Radio described the  steps 
           it  took  to  secure  a  painting  contractor  several 
           months  before  the  FCC inspection  took  place,  but 
           offered  no  evidence  of  any  such  efforts.   After 
           reviewing  this information, we conclude that  without 
           any  substantiation  of  the  alleged   pre-inspection 
           efforts,  a  reduction  of  the  proposed   forfeiture 
           amount  is  not warranted.   Further,  Leon's  Radio's 
           remedial  action  of  painting the  tower7  after  the 
           Commission   discovered  the   violation  is   not   a 
           mitigating factor.8

         8.    Leon's Radio also  maintains that  its failure  to 
           keep  the antenna structure  properly painted was  not 
           willful.   Section  312(f)(1)  of  the  Communications 
           Act9   which   applies   to   violations   for   which 
           forfeitures  are assessed under Section 503(b) of  the 
           Act,  provides that ``[t]he term `willful,' ...  means 
           the  conscious and deliberate  commission or  omission 
           of  such act,  irrespective of any  intent to  violate 
           any  provision of this Act  or any rule or  regulation 
           of  the Commission authorized  by this Act  . .  .''10  
           We  find  that  Leon's Radio's  failure  to  keep  its 
           antenna structure painted to maintain good  visibility 
           was willful. 

         9.    We also conclude that, based on the gross  revenue 
           figure it submitted, Leon's Radio can afford to pay  a 
           forfeiture of $10,000.   

         10.   We have examined  the Leon's  Radio'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 Leon's  Radio 
           willfully  violated  Section 17.50  of the  Rules  and 
           find  no  basis  for  a  reduction  of  the   proposed 
           forfeiture amount.  


         11.   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,11   Leon's   Radio 
           Broadcasting  Company, Inc. IS  LIABLE FOR A  MONETARY 
           FORFEITURE  in  the  amount of  ten  thousand  dollars 
           ($10,000)  for willful violation  of Section 17.50  of 
           the Rules.  

         12.   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.12   Payment must be  made by mailing  a check  or 
           similar  instrument,  payable  to  the  order  of  the 
           Federal  Communications Commission.  The payment  must 
           include  the  FCC Registration  Number (FRN)  and  the 
           NAL/Acct.  No. referenced in the caption.  Payment  by 
           check  or money  order may  be mailed  to the  Federal 
           Communications  Commission, P.O.  Box 73482,  Chicago, 
           Illinois  60673-7482.  Payment by  overnight mail  may 
           be  sent to Bank  One/LB 73482, 525  West Monroe,  8th 
           Floor  Mailroom, Chicago, IL  60661.  Payment by  wire 
           transfer   may  be  made  to  ABA  Number   071000013, 
           receiving  bank Bank One, and account number  1165259.  
           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. 

         13.   IT IS FURTHER  ORDERED that a  copy of this  Order 
           shall  be  sent  by First  Class  and  Certified  Mail 
           Return Receipt Requested to Leon's Radio  Broadcasting 
           Company,  Inc., Mr. Leon  Matula, President, P.O.  Box 
           94748, Oklahoma City, Oklahoma  73143.

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau

1 47 C.F.R.  17.50.

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332500007 (Enf. Bur., Dallas Office, released May 2, 2003).   

     3 Leon's Radio also requested  treatment as a small  entity, 
referring to Attachment A  of the NAL.  Paragraph  9 of the  NAL, 
however, states clearly  that the  listing of  small entities  at 
Attachment A is for tracking purposes only, and as such is not  a 
basis  for  reconsideration  of  the  NAL  or  reduction  of  the 
forfeiture amount.   

4 47 U.S.C.  503(b).

5 47 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 With its response to the NAL, Leon's Radio submitted a copy  of 
an invoice signifying a quote for painting the antenna structure, 
dated after the Commission inspection.  

8 See Seawest Yacht Brokers, 9 FCC Rcd 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 violations.'' 

9 47 U.S.C.  312(f)(1).

10 See  Southern  California Broadcasting  Co.,  6 FCC  Rcd  4387 

11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

12 47 U.S.C.  504(a).

13 See 47 C.F.R.  1.1914.