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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
                                    )                                
     In the Matter of                   File No.: EB-11-CF-0110      
                                    )                                
     JMK Communications Inc.            NAL/Acct. No.: 201232340001  
                                    )                                
     Licensee of Station WPWC(AM)       FRN No: 0007309503           
                                    )                                
     Dumfries, Virginia                 Facility ID: 25995           
                                    )                                
                                                                     
                                    )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: July 17, 2012 Released: July 18, 2012

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that JMK Communications Inc. (JMK), licensee of AM Station
       WPWC, in Dumfries, Virginia (Station), apparently willfully and
       repeatedly violated Section 73.49  of the Commission's rules (Rules)
       by failing to enclose the Station's antenna structures within
       effective locked fences or other enclosures. We conclude that JMK is
       apparently liable for a forfeiture in the amount of seven thousand
       dollars ($7,000). We further direct JMK to submit, no later than
       thirty (30) calendar days from the release date of this NAL, a written
       statement signed under penalty of perjury stating that the Station is
       now in compliance with Section 73.49 of the Rules.

   II. BACKGROUND

    2. On September 2, 2011, in response to a complaint, an agent from the
       Enforcement Bureau's Columbia Office inspected the Station's
       four-tower array in Dumfries, Virginia. All four antenna structures
       have radio frequency potential at their base. The agent observed that
       one of the antenna structures had no fencing at all around the base of
       the structure, while the other three antenna structures had only
       partial fencing around their bases, thereby allowing unrestricted
       access to all the structures. The level of deterioration observed by
       the agent indicated that the fences had been in that condition for a
       significant period of time. The agent also observed that there was no
       perimeter fence around the property where the antenna structures were
       located.

   III. DISCUSSION

    3. 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

    4. The evidence in this case is sufficient to establish that JMK violated
       Section 73.49 of the Rules. Section 73.49 of the Rules requires that
       antenna structures having radio frequency potential at the base must
       be enclosed within effective locked fences or other enclosures. On
       September 2, 2011, agents from the Columbia Office observed that one
       of the Station's antenna structures had no fencing and the other three
       antenna structures had only partial fencing. Based on the degree of
       deterioration, agents concluded that the fences had been in disrepair
       for an extended period of time. Agents also did not observe a
       perimeter fence. Accordingly, based on the evidence before us, we find
       that JMK apparently willfully and repeatedly violated Section 73.49 of
       the Rules by failing to enclose the Station's antenna structures
       within effective locked fences or other enclosures.

     A. Proposed Forfeiture and Reporting Requirement

    5. 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. Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that JMK is apparently liable for a forfeiture in the amount of
       $7,000.

    6. We direct JMK to submit a statement, pursuant to Section 1.16 of the
       Rules  signed under penalty of perjury by an officer or director of
       JMK stating that it is now in compliance with Section 73.49 of the
       Rules.

   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, 0.204(b),
       0.311, 0.314 and 1.80 of the Commission's rules, JMK Communications
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of seven thousand dollars ($7,000) for violations of
       Section 73.49 of the Rules.

    

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules within thirty (30) days of the release date of this
       Notice of Apparent Liability for Forfeiture and Order, JMK
       Communications Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

    9. IT IS FURTHER ORDERED that JMK Communications Inc. SHALL SUBMIT a
       written statement as described in paragraph 6 within thirty (30)
       calendar days of the release date of this Notice of Apparent Liability
       for Forfeiture and Order. The statement must be mailed to Federal
       Communications Commission, Enforcement Bureau, Northeast Region,
       Columbia Office, 9200 Farm House Lane, Columbia, Maryland 21046 and
       include the NAL/Acct. No. referenced in the caption. JMK
       Communications, Inc. shall also e-mail the written statement to 
       NER-Response@fcc.gov.

   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. JMK shall also send electronic notification
       on the date said payment is made to  NER-Response@fcc.gov.  
       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. 

   11. 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.  

   12. 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, Columbia Office, 9200 Farm House Lane, Columbia, Maryland
       21046 and include the NAL/Acct. No. referenced in the caption. JMK
       Communications Inc. also shall e-mail the written response to
       NER-Response@fcc.gov.

   13. 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.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and first class mail, to JMK Communications Inc.,
       4525 Wilshire Boulevard, Los Angeles, California 90010.

   FEDERAL COMMUNICATIONS COMMISSION

   Salomon Satche

   District Director

   Columbia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

   At the time of the inspection, the antenna structure registration numbers
   were not posted at the base of the structures. The agent later determined
   that the following registration numbers are associated with the Station's
   antenna structures: 1022267, 1022268, 1022269, and 1022270.

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

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

   See, e.g., Patrick H. Sickafus, Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 6818 (Enf. Bur. 2011) (proposing $7,000 base
   forfeiture for failure to maintain effective locked fences surrounding two
   antenna structures in a three-tower array) (forfeiture paid).

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204(b), 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 12-1149

   Federal Communications Commission DA 12-1149