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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
     In the Matter of                                                        
                                            )                                
     Equity Communications LP                                                
                                            )   File No.: EB-10-PA-0312      
     Licensee of Station WMID and                                            
                                            )   NAL/Acct. No.: 201232400001  
     Owner of Antenna Structure Number                                       
     1046225                                )   FRN: 0003747813              
                                                                             
     Atlantic City, New Jersey              )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: October 27, 2011 Released: October 31, 2011

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Equity Communications LP ("Equity"), licensee of AM Station WMID
       and owner of antenna structure number 1046225 (the "Antenna
       Structure"), in Atlantic City, New Jersey, apparently willfully and
       repeatedly violated section 303(q) of the Communications Act of 1934,
       as amended ("Act") and sections 17.50(a) and 73.49  of the
       Commission's rules ("Rules"), by failing to repaint the Antenna
       Structure as often as necessary to maintain good visibility and
       failing to enclose the Antenna Structure within an effective locked
       fence or enclosure. We conclude that Equity is apparently liable for a
       forfeiture in the amount of twenty thousand dollars  ($20,000).

   II. BACKGROUND

    2. On March 5, 2010, agents from the Enforcement Bureau's Philadelphia
       Office ("Philadelphia Office") inspected the Antenna Structure located
       in Atlantic City, New Jersey. According to the Antenna Structure
       Registration ("ASR") database, the Antenna Structure was required to
       be painted and lit. The agents observed that the paint on the Antenna
       Structure was faded and chipped, significantly reducing the Antenna
       Structure's visibility. The agents also found that an unlocked gate on
       the southeast side of the Antenna Structure allowed unrestricted
       access to its base. The agents contacted the Antenna Structure owner
       and locked the gate before leaving the site.

    3. On April 7, 2010, the Philadelphia Office issued a Notice of Violation
       ("NOV") to Equity for failing to clean and repaint the Antenna
       Structure as required to maintain good visibility, in violation of
       section 17.50(a) of the Rules, and for failing to enclose the Antenna
       Structure within an effective locked fence, in violation of section
       73.49  of the Rules.

    4. On May 6, 2010, the Philadelphia Office received Equity's response to
       the NOV. In the letter, Equity stated that it inspects the Antenna
       Structure several times per year and had been planning to address the
       faded and chipped paint issue for some time. Equity further stated
       that the Antenna Structure would be brought into compliance with the
       Rules by August 15, 2010. Equity also stated that, during its own site
       visits, it had never seen the Antenna Structure's gate left unlocked.
       Finally, Equity stated that several tenants lease space on the Antenna
       Structure and each of them has a key for the locks.

    5. On November 16, 2010, agents from the Philadelphia Office re-inspected
       the Antenna Structure to verify that the violations from the NOV had
       been corrected. The agents found that Equity had neither repainted the
       Antenna Structure nor installed strobe lights. The agents also found
       the gate on the northeast side of the Antenna Structure was unlocked,
       allowing unrestricted access to the Antenna Structure, which had radio
       frequency potential at its base. The agents immediately informed
       Equity's President and General Manager about the open gate. The next
       day, the agents returned to the Antenna Structure site and found that
       the gate on the northeast side of the Antenna Structure was still
       unlocked.

    6. On December 8, 2010, agents from the Philadelphia Office again
       inspected the Antenna Structure with Equity's President and General
       Manager and Station WMID's Chief Engineer. The Antenna Structure still
       had not been repainted nor were strobe lights installed. The agent
       used the Federal Aviation Administration's ("FAA") In-Service Aviation
       Orange Tolerance Chart ("Tolerance Chart") to compare the paint on the
       Antenna Structure with the standard in the Tolerance Chart. The paint
       on the Antenna Structure failed the Tolerance Chart test.

    7. On January 7, 2011, Station WMID's Chief Engineer notified the agent
       via e-mail that Equity had installed strobe lights and that the
       Antenna Structure's lighting system was fully operational.

   III. DISCUSSION

    8. Section 503(b) Act, provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. 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 section 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. The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

     A. Failure to Clean or Repaint the Antenna Structure

    9. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.50(a) of the Rules requires that antenna
       structures requiring painting shall be cleaned or repainted as often
       as necessary to maintain good visibility. On March 5, 2010, FCC agents
       observed that the paint on the Antenna Structure was severely faded
       and chipped and immediately notified Equity of the structure's
       condition. In response to the NOV issued on April 7, 2010, Equity
       admitted that the Antenna Structure needed to be repainted, but Equity
       still had not repainted the Antenna Structure when agents re-inspected
       on November 16, 2010 and December 8, 2010. Because Equity failed to
       paint the Antenna Structure as required by the rules, we find that the
       violation was willful. Because the violation occurred over several
       months, we find that the violation was repeated. Accordingly, we find
       that Equity apparently willfully and repeatedly violated section 17.50
       of the Rules by failing to clean or repaint Antenna Structure in order
       to maintain good visibility.

     A. Failure to Enclose the Antenna Structure Within an Effective Locked
        Fence

   10. Section 73.49 of the Rules states that "antenna towers having radio
       frequency potential at the base must be enclosed with effective locked
       fences or other enclosures." On March 5, 2010, agents found that the
       gate on the southeast side of the Antenna Structure was left unlocked
       and provided access to the Antenna Structure, which had radio
       frequency potential at its base. On November 16, 2010, agents found
       that the gate on the northeast side of the Antenna Structure was open
       and allowed unrestricted access to the base of the Antenna Structure,
       resulting in another warning from FCC agents. On November 17, 2010,
       agents found that the gate on the northeast side of the Antenna
       Structure was still open. Based on the evidence before us, we find
       that Equity apparently willfully and repeatedly violated section 73.49
       of the Rules by failing to enclose the antenna structure with an
       effective locked fence or enclosure.

     A. Proposed Forfeiture

   11. Pursuant to the Commission's Forfeiture Policy Statement, and section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed lighting and marking is $10,000 and the base
       forfeiture amount for failure to maintain an effective AM tower fence
       is $7,000. In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, 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.
       Applying the Forfeiture Policy Statement, section 1.80 of the Rules,
       and the statutory factors to the instant case, we conclude that an
       upward adjustment is warranted. Despite repeated warnings regarding
       the Antenna Structure's faded paint and the unlocked gates, the
       apparent violations continued, demonstrating a deliberate disregard
       for the Rules. We therefore conclude that Equity  is apparently liable
       for a forfeiture in the amount of $20,000.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's rules, Equity Communications LP is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twenty thousand dollars ($20,000) for violation of sections
       17.50(a) and 73.49 of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Equity Communications LP
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. Payment of the forfeiture must be made by credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       Account Number and FRN 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[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank Federal Reserve Bank
       of New York, and account number 27000001. 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.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Equity shall also send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   15. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
       2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and include
       the NAL/Acct. No. referenced in the caption. Equity Communications LP 
       also shall email the written response to NER-Response@fcc.gov

   16. 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 practices ("GAAP"); 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 submitted.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to Equity Communications LP  at  8025
       Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S: 303(q).

   47 U.S.C. S:S: 17.50(a), 73.49.

   Pursuant to section 17.21 of the Rules, antenna structures shall be
   painted and lit when they exceed 60.96 meters in height above ground. 47
   C.F.R. S: 17.21. Antenna structure number 1046625 is 106 meters in height
   above ground.

   Section 73.49 of the Rules states that "antenna towers having radio
   frequency potential at the base must be enclosed with effective locked
   fences or other enclosures." 47 C.F.R. S: 73.49. The fence surrounding the
   Antenna Structure has two gates for access. One gate is on the southeast
   side and the other gate in on the northeast side. The gate that was found
   unlocked on March 5, 2010 was the gate on the southeast side and agents
   observed the lock hanging on the fence.

   See Equity Communications LP, Notice of Violation, V201032400035 (rel.
   April 7, 2010); see also 47 C.F.R. S:S: 17.50, 73.49.

   See Letter from Gary Fisher, President, Equity Communications LP, to Gene
   Stanbro, District Director, Philadelphia Office, dated May 6, 2010 ("NOV
   Response").

   NOV Response at 1.

   Id.

   Id. at 2.

   The Color Tolerance Charts from the FAA provide a method for visually
   comparing the paint on the tower against the chart colors, which reflect
   the FAA's paint color specifications. These Color Tolerance Charts are
   based on the recommendations contained in National Bureau of Standards
   Report NBSIR 75-663, COLOR REQUIREMENTS FOR THE MARKING OF OBSTRUCTIONS,
   by R.L. Booker.

   The agent later confirmed that Equity had obtained a modified FAA No
   Hazard Determination allowing it to use white strobe lighting in lieu of
   paint.

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

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

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 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 [A]ct
   (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., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co."), recon. denied, 7 FCC Rcd 3454 (1992).

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

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 17.50.

   47 C.F.R. S: 73.49.

   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) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 17.50(a),
   73.49.

   See 47 C.F.R. S: 1.1914.

   See 47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1802

                                       3

   Federal Communications Commission DA 11-1802