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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                      
                                                                             
     In the Matter of                 )                                      
                                          File No.: EB-FIELDSCR-12-00000481  
     Wagenvoord Advertising Group,    )                                      
     Inc.                                 NAL/Acct. No.: 201232620003        
                                      )                                      
     Licensee of Radio Station            FRN: 0010300747                    
     KLRG-AM                          )                                      
                                          Facility ID No.: 14053             
     Sheridan, AR                     )                                      
                                                                             
                                      )                                      


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: July 19, 2012 Released: July 19, 2012

   By the District Director, New Orleans Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Wagenvoord Advertising Group, Inc. (Wagenvoord), licensee
       of Station KLRG-AM (Station), in Sheridan, Arkansas, apparently
       willfully and repeatedly violated Section 73.49 of the Commission's
       rules (Rules) by failing to have an effective locked fence or other
       enclosure around its antenna structure. We conclude that Wagenvoord is
       apparently liable for a forfeiture in the amount of seven  thousand
       dollars ($7,000). In addition, we direct Wagenvoord to submit, no
       later than thirty (30) calendar days from the date of this NAL, a
       statement signed under penalty of perjury stating that its antenna
       structure complies with the Commission's fencing requirements.

   II. BACKGROUND

    2. On January 24, 2012, in response to a complaint, agents from the
       Enforcement Bureau's New Orleans Office (New Orleans Office) inspected
       the Station's antenna structure, while the station was in operation,
       and observed that over half of the fence surrounding the base of the
       antenna structure was lying on the ground. The agents also observed
       that there was no fence surrounding the perimeter of the property.

    3. On January 25, 2012, agents from the New Orleans Office, accompanied
       by the Station's engineer, conducted an inspection of Station
       KLRG-AM's antenna structure while the station was in operation. Agents
       again observed that over half of the fence surrounding the Station's
       antenna structure was lying on the ground. The Station's engineer
       stated that he had noticed that the fence was down approximately two
       weeks prior to the inspection.

   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. 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 or Other  Enclosure

    5. Section 73.49 of the Rules states that antenna structures "having
       radio frequency potential at the base . . . must be enclosed within
       effective locked fences or other enclosures." Individual tower fences
       need not be installed if the towers are contained within a protective
       property fence. Station KLRG-AM's antenna structure has radio
       frequency potential at the base. On January 24 and 25, 2012, agents
       from the New Orleans Office observed that over half of the fence
       surrounding the Station's antenna structure was lying on the ground,
       while Station KLRG-AM was in operation. Thus, the fence did not
       effectively enclose the base of the structure. The agents also did not
       observe a perimeter fence surrounding the property.  Therefore,  based
       on the evidence before us, we find that Wagenvoord apparently
       willfully and repeatedly violated Section 73.49 of the Rules by
       failing to have an effective locked fence or other enclosure around
       the base of its antenna structure.

    B. Proposed Forfeiture Amount and Reporting Requirement

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to maintain
       AM transmission system fencing requirements 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 Wagenvoord is apparently liable for a
       forfeiture in the amount of $7,000.

    7. We direct Wagenvoord to submit a written statement, pursuant to
       Section 1.16 of the Rules, in addition to any statement it might
       submit pursuant to paragraph 9, signed under penalty of perjury by an
       officer or director of Wagenvoord, stating that the Station's antenna
       structure complies with the Commission's fencing rules and is enclosed
       by an effective locked fence or other enclosure. This statement must
       be provided to the New Orleans Office at the address listed in
       paragraph 10 within thirty (30) calendar days of the release date of
       this NAL.

   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, Wagenvoord
       Advertising Group, Inc. 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.

    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 and Order,
       Wagenvoord Advertising Group, Inc., SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   10. IT IS FURTHER ORDERED that Wagenvoord Advertising Group, Inc. SHALL
       SUBMIT a written statement, as described in paragraph 7, 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, South Central
       Region, New Orleans Office,  2424 Edenborn Avenue, Suite 460,
       Metairie, LA 70001. Wagenvoord Advertising Group, Inc. shall also
       e-mail the written statement to SCR-Response@fcc.gov.

   11. 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. Wagenvoord Advertising Group, Inc. will also
       send electronic notification on the date said payment is made to
       SCR-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. 

   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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, New Orleans Office,  2424 Edenborn Avenue, Suite 460,
       Metairie, LA 70001, and include the NAL/Acct. No. referenced in the
       caption. Wagenvoord Advertising Group, Inc. also shall email the
       written response to SCR-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 and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Wagenvoord Advertising
       Group, Inc. at  2360 NE Coachman Rd.,  Clearwater, FL 33765.

   FEDERAL COMMUNICATIONS COMMISSION

   Walter Gernon

   District Director

   New Orleans Office

   South Central 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.

   Id.

   See License File No. BR-20120118AAE.

   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).

   47 C.F.R. S: 1.16.

   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 12-1152

   Federal Communications Commission DA 12-1152