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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     WOYK Inc.                              )   File No.: EB-10-PA-0308      
                                                                             
     Licensee of Radio Station WOYK(AM)     )   NAL/Acct. No.: 201232400004  
                                                                             
     Owner of Antenna Structure Number      )   FRN: 0005-02-3106            
     1029251                                                                 
                                            )   Facility ID #: 73873         
     York, Pennsylvania                                                      
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 22, 2012  Released: May 22, 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 WOYK Inc. (WOYK), licensee of AM Station WOYK in York,
       Pennsylvania (Station), and owner of antenna structure number 1029251
       (Antenna Structure), apparently willfully and repeatedly violated
       Section 73.49 of the Commission's rules (Rules) by failing to enclose
       the Antenna Structure within an effective fence or enclosure. We
       conclude that WOYK is apparently liable for a forfeiture in the amount
       of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On December 17, 2010, agents from the Enforcement Bureau's
       Philadelphia Office (Philadelphia Office) conducted an inspection of
       the Station's transmitter site in York, Pennsylvania and the Antenna
       Structure. The agents observed that the hasp on the gate of the fence
       enclosing the Antenna Structure was broken, which prevented the gate
       from closing and allowed unrestricted access to the base of the
       Antenna Structure. Based on the condition of the hasp, it appeared to
       the agents that the hasp had been in disrepair for an extended period
       of time. In addition, the property on which the Antenna Structure is
       located was not enclosed by a protective property fence and there is a
       nearby residential area.

    3. During a telephone conversation on December 17, 2010, the Station's
       President informed the agent that he would immediately schedule an
       inspection of the Antenna Structure. The Station's President contacted
       the agent that same day and reported that he fixed the hasp and
       secured the gate around the Antenna Structure.

   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

    5. Section 73.49 of the Rules requires that antenna towers having radio
       frequency (RF) potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. The Antenna Structure has RF potential at
       its base. On December 17, 2010, agents observed an unlocked gate to
       the fence surrounding the Antenna Structure which allowed unrestricted
       access to the base of the Antenna Structure. The agents observed that
       the gate could not be secured because of a broken hasp and that the
       extent of the damage to the hasp clearly indicated that the gate had
       been unlocked for an extended period of time. The agents also observed
       that there was no perimeter fence surrounding the property. Based on
       the evidence before us, we find that WOYK apparently willfully and
       repeatedly violated Section 73.49 of the Rules by failing to enclose
       the Antenna Structure within an effective locked fence.

     A. Proposed Forfeiture

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for an AM fencing
       violation 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 WOYK 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, 0.204,
       0.311, 0.314 and 1.80 of the Commission's rules, WOYK 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.

    8. 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, WOYK 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. 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.   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. WOYK Inc.  will 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. 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. WOYK Inc. also shall
       email the written response 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 both Certified Mail, Return Receipt
       Requested, and regular mail, to WOYK Inc. at 1360 Copenhaffer Road,
       York, Pennsylvania, 17404.

   FEDERAL COMMUNICATIONS COMMISSION

   Kevin Doyle

   Acting District Director

   Philadelphia 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 [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), 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 P: 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.

   See File No. BR-20060306BCI.

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

   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 12-800

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   Federal Communications Commission DA 12-800