Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

                                 
                                     
In the Matter of                 )
                                )
Robert B. Taylor                 )    File No. EB-02-CG-609
Antenna Structure # 1030929      )    NAL/Acct. No. 200332320003
Fort Wayne, Indiana              )    FRN:  0000 0116 43




                  MEMORANDUM OPINION AND ORDER

Adopted:       September 16, 2004                      Released:  
September 20, 2004

By the Chief, Enforcement Bureau:


      1.  In this Memorandum  Opinion and  Order (``Order''),  we 
           cancel a  monetary forfeiture of ten thousand  dollars 
           ($10,000)  issued  to Robert  B. Taylor  for  apparent 
           willful  and repeated  violation of  Section 17.50  of 
           the   Commission's  Rules  (``Rules'').1   The   noted 
           violation involved  the failure to repaint an  antenna 
           structure  as  often  as necessary  to  maintain  good 
           visibility.

      2.  On January  23,  2003,  the District  Director  of  the 
           Commission's Chicago, Illinois Field Office issued  to 
           Robert B.  Taylor, a Notice of Apparent Liability  for 
           Forfeiture  in  the  amount of  ten  thousand  dollars 
           ($10,000) for the noted apparent Rule violation.2   In 
           a response  dated January 31, 2003, Mr. Taylor  stated 
           that he  painted the tower before receiving notice  of 
           the     violation    and    submitted     satisfactory 
           documentation  to that effect.  On  May 31, 2003,  Mr. 
           Taylor filed with the Commission an application for  a 
           change in ownership of the subject antenna  structure, 
           which  was granted that same  day.3  Mr. Taylor is  no 
           longer a Commission licensee. 

      3.  After reviewing  the particular  circumstances in  this 
           case,   and   in  accordance   with   the   discretion 
           authorized   by  Section  504(b)   of  the  Act4   and 
           implemented  by  Section  1.80(i) of  the  Rules,5  we 
           conclude  that cancellation of  the forfeiture  amount 
           of $10,000 is warranted.6

     4.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act and Section  1.80(i) of the Rules, the  $10,000 
forfeiture issued to Robert B. Taylor IS CANCELLED. 

      5.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to this  Order shall be  sent by first  class mail  and 
certified mail, return  receipt requested, to  Robert B.  Taylor, 
2541 Goshen Road, Fort Wayne, Indiana 46808.                     
                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1 47 C.F.R. § 17.50. 

2 Robert B. Taylor, Notice of Apparent Liability for  Forfeiture, 
NAL/Acct. No. 200332320003 (Enf. Bur. 2003).

3 On May 31,  2003, Mr. Taylor  assigned to Travis  Broadcasting, 
LLC, Antenna Structure Nos. 1030929 and 1030930.  The assignments 
were granted on May 31, 2003.  In addition, on December 26, 2002, 
Mr. Taylor filed an application to assign WXKE and WYLT to Travis 
Broadcasting.  See  Application for  Assignment of  License  from 
Robert B. Taylor  to Travis  Broadcasting, LLC  (File Nos.  BALH-
20021030ABG and  BAL-20021030ABF).   Granted December  20,  2002.  
Consummated May 30, 2003.

4 47 U.S.C. § 504(b). 

5 47 C.F.R. § 1.80(i).

6 See  Grass Roots  Broadcasting,  19 FCC  Rcd. 4018  (Enf.  Bur. 
2004); see  also Madison  Broadcasting Group,  Inc., 18  FCC  Rcd 
4860, 4861 (Enf. Bur. 2003).