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


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                       )                                
     Taylor Communications, Inc.            )                                
     Licensee WOXD-FM                       )   File No.: EB-08-OR-0212      
     Oxford, Mississippi                    )   NAL/Acct. No.: 200932620003  
     Facility ID: 1299                      )   FRN: 0005002852              
     Owner of Antenna Structure Number      )                                

                                FORFEITURE ORDER

   Adopted: September 12, 2011 Released: September 12, 2011

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Taylor Communications,
       Inc. ("Taylor"), licensee of Station WOXD-FM, in Oxford, Mississippi
       and owner of antenna structure number 1038246, for willful and
       repeated violation of section 17.48(a) of the Commission's rules
       ("Rules") and willful violation of section 73.3526 of the Rules. The
       noted violations involve Taylor's failure to inform the Federal
       Aviation Administration ("FAA") of a malfunction of the antenna
       structure lighting and its failure to make available a public
       inspection file.


    2. On September 25, 2008, in response to a complaint alleging violations
       concerning antenna structure number 1038246, agents from the
       Enforcement Bureau's New Orleans Office ("New Orleans Office")
       conducted an inspection of Taylor's antenna structure located at
       coordinates N34DEG 18' 10" x W089DEG 31' 25". The antenna structure is
       328 feet in height above ground level and is required to be painted
       and lit. Agents from the New Orleans Office observed the antenna
       structure 90 minutes after sunset and found that none of the red
       obstruction lights were working.

    3. On September 26, 2008, agents from the New Orleans Office, accompanied
       by Station WOXD-FM's chief engineer and president, inspected Station
       WOXD-FM's main studio during normal business hours. The agents
       requested to inspect the station's public inspection file, but the
       station was unable to locate it. During the inspection, Station WOXD's
       president alleged that the public inspection file was not available
       because it had been stolen by a former employee. In addition, the
       station's chief engineer admitted that he had known that the lights on
       antenna structure number 1038246 had been out since the antenna
       structure was struck by lightning approximately six weeks before the
       inspection. The chief engineer stated that he believed it was
       unnecessary to report the outage to the FAA because a nearby taller
       antenna structure was lit. The agents from the New Orleans Office
       informed the chief engineer and president that they should notify the
       FAA immediately of the outage. Station WOXD's president stated that he
       had already paid for the tower lighting repairs and ordered
       replacement parts.

    4. On November 21, 2008, the New Orleans Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $13,000 to
       Taylor -- $3,000 for the apparent violation of the Commission's tower
       rules and $10,000 for the apparent violation of the Commission's
       public inspection file requirements. On December 19, 2008, Taylor
       submitted a response to the NAL requesting cancellation or reduction
       of the forfeiture.


    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"), section 1.80 of the Rules, and the Forfeiture Policy
       Statement. In examining Taylor'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. As discussed below, we have considered Taylor's response in
       light of these statutory factors and reduce the forfeiture to $10,000
       based on Taylor's history of compliance and good-faith efforts to
       comply with the rules.

    6. Section 312(f)(1) of the Act defines willful as "the conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. The legislative history to section
       312(f)(1) of the Act clarifies that this definition of willful applies
       to both sections 312 and 503(b) of the Act and the Commission has so
       interpreted the term in the section 503(b) context. The Commission may
       also assess a forfeiture for violations that are merely repeated, and
       not willful.  "Repeated" means that the act was committed or omitted
       more than once, or lasts more than one day.

    7. Section 17.48(a) of the Rules states that "[t]he owner of any antenna
       structure which is registered ... [s]hall report immediately by
       telephone or telegraph to the nearest Flight Service Station or office
       of the Federal Aviation Administration any observed or otherwise known
       extinguishment or improper functioning of any top steady burning light
       or any flashing obstruction light, regardless of its position on the
       antenna structure, not corrected within 30 minutes." Antenna structure
       number 1038246 is registered with the Commission and must be painted
       and lit. Taylor does not dispute that the red obstruction lighting on
       antenna structure number 1038246 was unlit for several weeks prior to
       the September 26, 2008 inspection, that it knew about the outage, and
       that it did not contact the FAA about the outage prior to September
       26, 2008. Therefore, based on the evidence before us, we find that
       Taylor willfully and repeatedly violated section 17.48(a) of the Rules
       by failing to report immediately a malfunctioning light that could not
       be corrected within 30 minutes to the FAA.

    8. However, we agree with Taylor that the proposed forfeiture for this
       violation should be reduced based on its good-faith efforts to comply
       with the rules. Taylor states it called the published local number for
       the FAA about the outage prior to the inspection, but that number was
       not in service. Taylor also points out that, during the inspection,
       the agent from the New Orleans Office had no local number for the FAA
       other than the same non-working one. Because Taylor attempted to
       notify the FAA prior to the inspection, we reduce the forfeiture
       associated with this violation from $3,000 to $2,500 based on Taylor's
       good faith efforts to comply.

    9. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain a public inspection file containing certain materials.
       Section 73.3526(c)(1) of the Rules states that the file shall be
       available for public inspection at any time during regular business
       hours. Taylor's president admits that Station WOXD's public inspection
       file was not available for inspection on September 26, 2008, but
       denies knowing that the public inspection file was missing prior to
       the inspection. Taylor claims, unbeknownst to it, the former station
       manager maintained keys to the station after his firing in July 2008,
       embezzled station funds, and removed documents and files (including
       the public inspection file) from the station. Although Taylor
       submitted a criminal affidavit against its former station manager, and
       the former station manager was arrested for embezzlement, the charges
       were dropped and there was no formal finding of guilt. Moreover, the
       former station manager submitted an affidavit to the court
       specifically denying that he "discarded, concealed or otherwise
       tampered with" Taylor's public inspection file. Indeed, the former
       station manager alleged that "following the renovations and cleaning
       [of the interior of the station in the spring of 2008], the FCC Public
       Inspection file could not be located." Whether the public inspection
       file was lost, misplaced, or stolen, the fact remains that the public
       inspection file was not available for inspection on September 26,
       2008, and the "Commission has long held that licensees and other
       Commission regulatees are responsible for the acts and omissions of
       their employees and independent contractors."  Therefore, based on the
       evidence before us, we find that Taylor willfully failed to make
       available a public inspection file and do not find grounds to cancel
       or reduce the $10,000 forfeiture associated with this violation based
       on Taylor's claim of theft.

   10. Finally, Taylor requests a reduction of the forfeiture because it has
       not received a prior violation during its thirteen-year history. We
       have examined the record and agree. Accordingly, we further reduce the
       total forfeiture from $12,500 to $10,000 based on Taylor's history of
       compliance with the Rules.


   11. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Taylor
       Communications, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of ten thousand dollars ($10,000) for violations of sections 17.48(a)
       and 73.3526 of the Commission's 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 enforcement pursuant
       to section 504(a) of the Act. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission. The payment must include the NAL/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be
       made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures.
       Taylor will also send electronic notification on the date said payment
       is made to

   13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail, Return Receipt Requested, to Taylor
       Communications, Inc. at 302 Highway 7, South, Oxford, MS 38655 and to
       John C. Trent, its counsel at 200 South Church Street, Woodstock, VA


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.48(a), 73.3526.

   See Antenna Structure Registration Database, Registration Number 1038246.
   See also 47 C.F.R. S: 17.21 (generally requiring towers exceeding 200 feet
   in height to be painted and lit).

   Local sunset time was 7:15 p.m. CDT.

   Taylor Communications, Inc., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200932620003 (Enf. Bur., New Orleans Office, rel. Nov. 21,
   2008) ("NAL") (citing 47 C.F.R. S:S:17.48(a), 73.3526(a)(2),

   Letter from Todd A. Steiner, Esq., Counsel for Taylor Communications,
   Inc., to Leroy Hall, District Director, New Orleans Office (dated Dec. 19,
   2008) ("NAL Response").

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   47 U.S.C. S: 503(b)(2)(E).

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

   H.R. Conf. Rep. No. 97-765, at 51 (1982) ("This provision [inserted in
   section 312] defines the terms `willful' and `repeated' for purposes of
   section 312, and for any other relevant section of the act (e.g., section
   503) . . . . As defined[,] . . . `willful' means that the licensee knew
   that he was doing the act in question, regardless of whether there was an
   intent to violate the law. `Repeated' means more than once, or where the
   act is continuous, for more than one day. Whether an act is considered to
   be `continuous' would depend upon the circumstances in each case. The
   definitions are intended primarily to clarify the language in sections 312
   and 503, and are consistent with the Commission's application of those
   terms . . . .").

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied, 7 FCC Rcd 3454 (1992)
   ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

   47 C.F.R. S: 17.48(a).

   See Antenna Structure Registration 1038246.

   See NAL Response at 3.

   Id. at 2-3. Taylor submitted a declaration under penalty of perjury signed
   by Taylor's President supporting its statements.

   The agent subsequently found a working number by contacting the main FAA
   contact number listed on its webpage.

   Unsuccessful attempts at compliance taken prior to an inspection have been
   considered sufficient to warrant good faith reductions. See, e.g., Sutro
   Broadcasting Corporation, Memorandum Opinion and Order, 19 FCC Rcd 15274,
   15277 (2004) (stating that the Commission will generally reduce the
   assessed forfeiture amount "based on the good faith corrective efforts of
   a violator when those actions were taken prior to Commission notification
   of the violation") (emphasis added); see also Starfish Television Network,
   Forfeiture Order, 24 FCC Rcd 9147 (Enf. Bur. 2009) (providing good faith
   reduction as to party's unlicensed operation because operator submitted
   license application information to a consultant prior to inspection);
   Blountstown Communications, Inc., Memorandum Opinion and Order, 22 FCC Rcd
   1097 (Enf. Bur. 2007) (provided good faith reduction as to fencing
   violation because licensee was in the process of employing an expert fence
   installer prior to the FCC inspection).

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(c)(1).

   See NAL Response at 5. Taylor's president admits he knew that certain
   documents and files were removed from the station, but asserts he did not
   know that the public inspection file was among the stolen documents until
   the inspection.

   See id. at Declaration of Jason T. Plunk, President of Taylor.

   See Arrest Affidavit of Jason T. Plunk dated September 29, 2008.

   See Affidavit of Ronald C. Cox dated April 4, 2011.


   Eure Family Limited Partnership, Memorandum Opinion and Order, 17 FCC Rcd
   21861, 21863,-64, para. 7 (2002); MTD, Inc., Memorandum Opinion and Order,
   6 FCC Rcd 34 (1991)(holding that a company's reliance on an independent
   contractor to construct a tower in compliance of FCC rules does not excuse
   that company from a forfeiture); Wagenvoord Broadcasting Co., Memorandum
   Opinion and Order, 35 FCC 2d 361 (1972) (holding a licensee responsible
   for violations of FCC rules despite its reliance on a consulting
   engineer); Petracom of Joplin, L.L.C., Forfeiture Order, 19 FCC Rcd 6248
   (Enf. Bur. 2004) (holding a licensee liable for its employee's failure to
   conduct weekly EAS tests and to maintain the "issues/programs" list).

   Because we find that Taylor willfully failed to make the public inspection
   file available, we need not address whether a complete public inspection
   file was maintained at the main studio.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 17.48(a), 73.3526.

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

   Federal Communications Commission DA 11-1528



   Federal Communications Commission DA 11-1528