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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Martin Broadcasting, Inc.              )   File No.: EB-11-HU-0052      
                                                                             
     Owner of Antenna Structure No.         )   NAL/Acct. No.: 201232540004  
     1060813                                                                 
                                            )   FRN: 0003768603              
     Beaumont, Texas                                                         
                                            )                                
                                                                             
                                            )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: June 5, 2012 Released: June 5, 2012

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Martin Broadcasting, Inc. (Martin Broadcasting), owner of
       antenna structure number 1060813 (the Antenna Structure), located in
       Beaumont,  Texas, apparently willfully and repeatedly violated Section
       303(q) of the Communications Act of 1934, as amended (Act), and
       Sections 17.47(a) and 17.51(a)  of the Commission's rules (Rules) by
       failing to exhibit red obstruction lighting from sunset until sunrise
       and to monitor the structure lighting on a daily basis. We conclude
       that Martin Broadcasting is apparently liable for a forfeiture in the
       amount of ten  thousand dollars ($10,000). In addition, we direct
       Martin Broadcasting to submit, no later than thirty (30) calendar days
       from the date of this NAL, a statement signed under penalty of perjury
       stating that it is now in compliance with the Commission's antenna
       structure lighting and monitoring requirements.

   II. BACKGROUND

    2. Antenna structure number 1060813 is 151.5 meters in overall height
       above ground and is required to be painted and lighted. On November 28
       and 29, 2011, in response to a complaint, an agent from the
       Enforcement Bureau's Houston Office (Houston Office) inspected the
       Antenna Structure after sunset and observed that the top and midpoint
       red obstruction lights and the . side lights were not lit. On November
       28, 2011, the agent contacted the Federal Aviation Administration
       (FAA) and determined that Martin Broadcasting had not notified the FAA
       about the light outages.

    3. On January 4, 2012, an agent from the Houston Office telephoned Martin
       Broadcasting's owner. The owner stated that he learned of the light
       outages on the Antenna Structure from previous voice messages left by
       the agent. He also admitted that the lights on the Antenna Structure
       were not being observed on a daily basis, and that the structure did
       not have an alarm system to monitor the lights. He further stated that
       he had not contacted the FAA concerning the light outage.

   III. DISCUSSION

    4. Section 503(b) of the 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 Comply with Antenna Structure Lighting Requirements and
   Failure to Monitor Antenna Structure Lighting

    5. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission. Section 17.51(a) of the Rules states that "[a]ll
       red obstruction lighting shall be exhibited from sunset until sunrise
       unless otherwise specified." Section 17.47(a) of the Rules states that
       owners of antenna structures "(1) shall make an observation of the
       antenna structure's lights at least once each 24 hours either visually
       ... to insure that all such lights are functioning properly as
       required; or alternatively (2) shall provide and properly maintain an
       automatic alarm system designed to detect any failure of such lights
       and to provide indication of such failure to the owner. . . ."

    6. On November 28 and 29, 2011, an agent from the Houston Office observed
       that the top and midpoint red obstruction lights and the . side lights
       on the Antenna Structure were extinguished after sunset. On January 4,
       2012, Martin Broadcasting claimed that it was unaware that the lights
       on the Antenna Structure were extinguished yet admitted that it had
       learned of the outages from messages left by the FCC agent. Martin
       Broadcasting also admitted that it was not observing the structure's
       lights once every 24 hours and had no automatic alarm system. Based on
       the evidence before us, we find that Martin Broadcasting  apparently
       willfully and repeatedly violated Section 303(q) of the Act and
       Sections 17.47(a) and 17.51(a) of the Rules by failing to exhibit red
       obstruction lighting on the Antenna Structure from sunset until
       sunrise and to monitor the Antenna Structure's lights as required.

    B. Proposed Forfeiture Amount and Reporting Requirement

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with prescribed lighting and marking is $10,000. 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 Martin Broadcasting is apparently
       liable for a total forfeiture in the amount of $10,000.

    8. We direct Martin Broadcasting to submit a written statement, pursuant
       to Section 1.16 of the Rules, signed under penalty of perjury by an
       officer or director of Martin Broadcasting, stating that the lights on
       the Antenna Structure have been restored, including the date of
       restoration, or setting forth the timeframe for when the lights on the
       Antenna Structure will be repaired or replaced. In addition, an
       officer or director of Martin Broadcasting shall certify that it will
       notify the FAA to ensure that an active Notice to Airmen remains in
       place for the Antenna Structure until the lights on the Antenna
       Structure have been restored. Martin Broadcasting shall also state
       that it complies, or describe the steps it will take to comply with
       the Section 17.47 monitoring requirements. This statement must be
       provided to the Houston Office at the address listed in paragraph 11
       within thirty (30) calendar days of the release date of this NAL.

   IV. ORDERING CLAUSES

    9. 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, Martin Broadcasting,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of ten  thousand dollars ($10,000) for violations of
       Section 303(q) of the Act and Sections 17.47(a) and 17.51(a) of the
       Commission's rules.

   10. 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,
       Martin Broadcasting, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   11. IT IS FURTHER ORDERED that Martin Broadcasting, Inc. SHALL SUBMIT a
       statement as described in paragraph 8 to the Houston Office 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, Houston Office, 9597 Jones Road, #362, Houston, Texas
       77065. Martin Broadcasting shall also e-mail the written statement to
       SCR-Response@fcc.gov.

   12. 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.
       Regardless of the form of payment, 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 E-mail: ARINQUIRIES@fcc.gov. Martin
       Broadcasting, Inc. shall also send electronic notification on the date
       said payment is made to SCR-Response@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, South
       Central Region, Houston Office, 9597 Jones Road, #362, Houston, Texas
       77065 and include the NAL/Acct. No. referenced in the caption. Martin
       Broadcasting, 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 regular mail to Martin Broadcasting, Inc. at
       P.O. Box 419, Baytown, Texas 77522-0419.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S: 303(q); 47 C.F.R. S:S: 17.47(a), 17.51(a).

   See 47 C.F.R. S: 17.21(a) (requiring antenna structures more than 60.96
   meters in height above the ground to be painted and lighted). See also
   Antenna Structure Registration database for antenna structure number
   1060813.

   Local sunset time was 5:16 p.m. Red obstruction lighting is required to be
   exhibited from sunset until sunrise. See 47 C.F.R. S: 17.51(a).

   A Notice to Airmen (NOTAM) had been issued for the Antenna Structure but
   the FAA had issued it internally, without notification by Martin
   Broadcasting. See 47 C.F.R. S: 17.48 (requiring antenna structure owners
   to notify the FAA immediately of certain known lighting outages).

   See 47 C.F.R. S: 17.47 (requiring antenna structure owners to observe
   required lighting once every 24 hours or to install an automatic alarm
   system).

   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 U.S.C. S: 303(q).

   47 C.F.R. S: 17.51(a).

   47 C.F.R. S: 17.47(a).

   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:S: 303(q), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80, 17.47(a), 17.51(a).

   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 12-874

                                       3

   Federal Communications Commission DA 12-874