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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                  File No.: EB-11-PA-0230      
                                   )                                
     Equity Communications LP          NAL/Acct. No.: 201232400007  
                                   )                                
     Licensee of AM Station WCMC       FRN: 0003747813              
                                   )                                
     Wildwood, New Jersey              Facility ID No.: 70259       
                                   )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  July 17, 2012  Released: July 17, 2012

   By the Acting 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), the licensee of AM Station
       WCMC in Wildwood, New Jersey (Station), apparently willfully and
       repeatedly violated Section 73.49 of the Commission's rules (Rules) by
       failing to enclose the Station's antenna structure (Antenna Structure)
       within an effective locked fence or other enclosure. We conclude that
       Equity is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. On October 18, 2011, agents from the Enforcement Bureau's Philadelphia
       Office inspected the Station's antenna structure located on West 19th
       Avenue in Wildwood, New Jersey. The agents observed that the Antenna
       Structure, which is located in a residential neighborhood and has
       radio frequency potential at its base, was not enclosed by an
       effective locked fence or other enclosure. Although there were
       remnants of a fence, the portion of the fence that remained did not
       restrict access to the base of the antenna structure. The agents
       immediately contacted the Station's President and General Manager
       (President), who claimed that a hurricane had washed away a portion of
       the fence. The agents advised the President to either cease operating
       the Station until a fence could be installed or install a temporary
       fence to restrict access to the base of the antenna structure.

    3. On October 25, 2011, an agent re-inspected the Antenna Structure and
       found that the Station was broadcasting and the fence around the
       antenna structure was in the same condition as it was during the
       October 18, 2011 inspection. The next day, the agent spoke with
       Equity's President, who stated that he was in contact with a
       contractor about installing a fence. The agent reiterated to Equity's
       President that he should install a temporary fence until a permanent
       fence can be installed. On October 28, 2011, Equity's President sent
       an e-mail to the agent, along with photographs, stating that a
       temporary chain link fence had been installed.

    4. On July 5, 2012, agents conducted a follow-up inspection of the
       Antenna Structure and observed that Equity had installed a permanent
       fence.

   III. DISCUSSION

    5. 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. 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.  The term "repeated" means the commission or omission
       of such act more than once or for more than one day.

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

    6. Section 73.49 of the Rules states that "[a]ntenna towers having radio
       frequency potential at the base . . . must be enclosed within
       effective locked fences or other enclosures." Station WCMC's antenna
       structure has radio frequency potential at its base. On October 18,
       2011, agents found that a substantial portion of the fence that had
       previously enclosed the Antenna Structure was missing, thereby
       allowing unrestricted access to the structure's base. When an agent
       returned to re-inspect the Antenna Structure on October 25, 2011, the
       agent found that, notwithstanding the earlier warning to either cease
       broadcasting or erect a temporary fence, the Station continued to
       broadcast without a repaired or temporary fence. 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
       Station's antenna structure within an effective locked fence or
       enclosure.

     A. Proposed Forfeiture Amount

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, 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. After consideration of these factors, we find that a
       $3,000 upward adjustment in the base forfeiture amount is warranted.
       The Philadelphia Office previously issued a Notice of Apparent
       Liability for Forfeiture to Equity for, inter alia, its failure to
       enclose within effective locked fences the antenna structures used in
       the operation of another Equity station - AM Station WMID in Atlantic
       City, New Jersey. The fact that Equity previously committed a similar
       violation and the fact that Equity did not immediately correct the
       violation at issue here demonstrates a deliberate disregard for the
       Commission's rules. Accordingly, applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Equity is apparently liable for a total
       forfeiture in the amount of $10,000.

   IV. ORDERING CLAUSES

    8. 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 of the Commission's rules, Equity Communications
       LP is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of ten thousand dollars ($10,000) for violation of Section
       73.49 of the Commission's rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar 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.

   10. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Equity shall also send electronic
       notification of payment to [Author ID1: at Tue Jul 17 11:29:00 2012
       ][Author ID2: at Fri Dec 13 15:45:52 1901 ][Author ID1: at Tue Jul 17
       11:29:00 2012 ][Author ID1: at Tue Jul 17 11:29:00 2012 ][Author ID1:
       at Tue Jul 17 11:29:00 2012 ]NER-Response@fcc.gov  on the date said
       payment is made.

   11. Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted. When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type
       code).   Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   12. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer-Financial Operations, Federal
       Communications Commission, 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 by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.  

   13. 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  also shall email
       the written response to [Author ID1: at Tue Jul 17 11:29:00 2012
       ][Author ID2: at Fri Dec 13 15:45:52 1901 ][Author ID1: at Tue Jul 17
       11:29:00 2012 ][Author ID1: at Tue Jul 17 11:29:00 2012 ][Author ID1:
       at Tue Jul 17 11:29:00 2012 ]NER-Response@fcc.gov.

   14. 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.

   15. 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 First Class Mail to Equity Communications LP at 8025
       Black Horse Pike, Suite 100-102, West Atlantic City, New Jersey 08232.

   FEDERAL COMMUNICATIONS COMMISSION

   Kevin Doyle

   Acting District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

   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 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., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied,
   7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   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), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   See Equity Communications LP, Notice of Apparent Liability for Forfeiture,
   26 FCC Rcd 15187 (Enf. Bur. 2011).

   We note that we are not using the issuance of the prior NAL to Equity's
   prejudice as prohibited by Section 504(c) of the Act, 47 U.S.C. S: 504(c),
   but rather are appropriately considering "the underlying facts of a prior
   violation that shows a pattern of non-complaint behavior." See [Author
   ID1: at Tue Jul 17 11:29:00 2012 ][Author ID2: at Fri Dec 13 15:45:52 1901
   ][Author ID1: at Tue Jul 17 11:29:00 2012 ][Author ID1: at Tue Jul 17
   11:29:00 2012 ][Author ID2: at Fri Dec 13 15:45:52 1901 ][Author ID1: at
   Tue Jul 17 11:29:00 2012 ]Forfeiture Policy Statement, 12 FCC Rcd at
   17103, para. 34; see also Clean Credit, Inc., Notice of Apparent Liability
   for Forfeiture, 25 FCC Rcd 12881 (2010) at para. 7 (using the underlying
   facts from a prior NAL issued to Clean Credit, Inc. to support an upward
   adjustment in the proposed forfeiture amount).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.49.

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-1132

   Federal Communications Commission DA 12-1132