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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                                
                                                                      
     In the Matter of                )                                
                                                                      
     Patrick H. Sickafus             )   File No.: EB-10-PA-0135      
                                                                      
     Licensee of AM Station WWSM     )   NAL/Acct. No.: 201132400007  
                                                                      
     Annville-Cleona, Pennsylvania   )   FRN: 0003779840              
                                                                      
     Facility ID No. 54343           )                                
                                                                      
                                     )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 16, 2011 Released: May 17, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Patrick H. Sickafus ("Sickafus"), licensee of AM Station WWSM in
       Annville-Cleona, Pennsylvania, apparently willfully and repeatedly
       violated section 73.49 of the Commission's rules ("Rules") by failing
       to enclose two of Station WWSM's antenna towers within effective
       locked fences or other enclosures. We conclude that Sickafus is
       apparently liable for a forfeiture in the amount of seven  thousand
       dollars ($7,000).

   II. BACKGROUND

    2. On May 26, 2010, an agent of the Enforcement Bureau's Philadelphia
       Office ("Philadelphia Office") inspected the series-fed, three-tower
       array used in the operation of Station WWSM in Annville-Cleona,
       Pennsylvania. The agent found that the wooden gate to the center
       antenna structure was off its hinges and open. The agent also observed
       that the door to the center tower's tuning hut was unlocked and open,
       which allowed unhindered access to the live tuning coils feeding the
       center tower. Similarly, the agent found that the enclosure for the
       antenna structure located at the northern part of the site was missing
       the entire southside wall and the door to the tuning hut was unlocked.
       The agent concluded that the enclosures around the center tower and
       the northern tower were in such a state of disrepair that it could not
       have happened overnight.

    3. Immediately after the inspection, the agent attempted to contact the
       station's general manager, but was not able to reach him until June 1,
       2010, at which time the agent advised the general manager about the
       problems at the antenna site. The general manager told the agent that
       he had visited the antenna site on May 24, 2010, and had observed the
       same problems as the agent. In an e-mail later that day, the general
       manager reported that the fence enclosures would be fixed that week
       and he admitted that he had not been maintaining the antenna site
       properly. On June 2, 2010, the general manager sent another e-mail to
       the agent advising him that the fence enclosures had been repaired.
       The agent confirmed that the enclosures were fixed during an on-scene
       inspection on June 7, 2010.

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended ("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. The term
       "willful" as used in section 503(b) has been interpreted to mean
       simply that the acts or omissions are committed knowingly. The term
       "repeated" means the commission or omission of such act more than once
       or for more than one day.

    5. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. The agent's inspection of Station WWSM's
       series-fed three-tower array on May 26, 2010, revealed that two of the
       three towers were not enclosed within an effectively locked fence or
       other enclosure. Although the station's general manager acknowledged
       that he had been at the site two days prior to the inspection and
       observed the same problems observed by the agent, the enclosures were
       not repaired until the day after the agent notified the general
       manager about the problem. The general manager also admitted that he
       had not been properly maintaining the antenna site. Based on the
       evidence before us, we find that Sickafus apparently willfully and
       repeatedly violated section 73.49 of the Rules by failing to maintain
       two of Station WWSM's antenna towers within effective locked fences or
       other enclosures.

    6. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base 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, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement, section 1.80,
       and the statutory factors to the instant case, we conclude Sickafus is
       apparently liable for a forfeiture in the amount of $7,000.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Patrick H. Sickafus is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
       thousand dollars ($7,000) for violation of section 73.49 of the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Patrick H. Sickafus SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

    9. Payment of the forfeiture must be made by credit card, 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 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.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, Patrick H. Sickafus shall
       send electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   10. 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. The written statement, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Northeast Region, Philadelphia District Office, One Oxford
       Valley Building, Suite 404, 2300 East Lincoln Highway Langhorne,
       Pennsylvania 19047 and must include the NAL/Acct. No. referenced in
       the caption. The statement should also be emailed to
       NER-Response@fcc.gov.

   11. 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.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Patrick H. Sickafus at Post Office Box
       84, Strasstown, Pennsylvania 19559.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

   The third antenna structure at the southern end of the site was properly
   enclosed.

   On May 26, 2010, the agent called Station WWSM's main studio; no one
   answered the phone and there was no voice mail. The next day, the agent
   tried to call the station's main studio and sent messages to two e-mail
   addresses the agent had obtained for Station WWSM; again, no answer at the
   station's main studio and no response to the e-mails. The general manager
   finally answered the phone at the main studio on June 1, 2010.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, 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...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   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 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, 1.80, 73.49.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-876

                                       4

   Federal Communications Commission DA 11-876