**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-08-OR-0212      |
|                                  |   |                                 |
| Taylor Communications, Inc.      | ) | NAL/Acct. No. 200932620003      |
|                                  |   |                                 |
| Licensee WOXD-FM                 | ) | FRN: 0005002852                 |
|                                  |   |                                 |
| Oxford, Mississippi              | ) |                                 |
|                                  |   |                                 |
| Facility ID: 1299                | ) |                                 |
|                                  |   |                                 |
| Owner of Antenna Structure       | ) |                                 |
| Number 1038246                   |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: November 21, 2008

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Taylor Communications, Inc. ("Taylor"), licensee of
    station WOXD-FM, in Oxford, Mississippi and owner of antenna
    structure number 1038246 apparently willfully and apparently
    repeatedly violated Sections 17.48(a) and 73.3526 of the
    Commission's Rules ("Rules") by not informing the Federal Aviation
    Administration ("FAA") of a malfunction of the antenna structure
    lighting and failing to maintain and make available a public
    inspection file.[^1] We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended ("Act"),[^2] that Taylor is
    apparently liable for a forfeiture in the amount of thirteen
    thousand dollars (\$13,000).

# BACKGROUND

2.  On September 25, 2008, in response to a complaint alleging
    violations concerning antenna structure number 1038246, agents from
    the Commission's New Orleans Office of the Enforcement Bureau ("New
    Orleans Office") conducted an inspection of Taylor's antenna
    structure located at coordinates N34° 18\' 10\" x W089° 31\' 25\".
    The antenna structure is 328 feet in height above ground level and
    is used to broadcast the programming for station WOXD-FM. Agents
    from the New Orleans Office observed the antenna structure 90
    minutes after sunset and found that none of the red obstruction
    lights were working.[^3]

3.  On September 26, 2008, agents from the New Orleans Office,
    accompanied by station WOXD-FM's chief engineer and station
    president, inspected radio station WOXD-FM during normal business
    hours. The agents requested to inspect the station's public
    inspection file, but the station was unable to locate or otherwise
    make available a public inspection file. The station's president
    stated the public inspection file had not been available for some
    time, because it had been stolen by a former employee. The station's
    chief engineer stated that he was aware that the lights on antenna
    structure number 1038246 had been out and stated that they had been
    that way since the antenna structure was struck by lightning,
    approximately six weeks before the inspection. The station president
    stated that he had already paid the chief engineer to repair the
    lights. On September 26, 2008, the station's chief engineer stated
    that Taylor had not reported the outage to the FAA during the past
    six weeks to have them issue a Notice to Airmen ("NOTAM"), because
    he thought a NOTAM was not required because a nearby taller antenna
    structure was lit. The agents from the New Orleans Office requested
    that he notify the FAA immediately.

# 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. The term "willful" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^4] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^5]

5.  Section 17.48(a) of the Rules states that "\[t\]he owner of any
    antenna structure which is registered...\[s\]hall report immediately
    by telephone or telegraph to the nearest Flight Service Station or
    office of the Federal Aviation Administration any observed or
    otherwise known extinguishment or improper functioning of any top
    steady burning light or any flashing obstruction light, regardless
    of its position on the antenna structure, not corrected within 30
    minutes."[^6] Antenna structure number 1038246 is registered with
    the Commission and is required to have obstruction marking and
    lighting in accordance with FCC Paragraphs 1, 3, 12, and 21.
    Specifically, the structure is required to display red obstruction
    lights. On September 26, 2008, agents from the New Orleans Office
    observed that the red obstruction lights on antenna structure number
    1038246 were not lit after sunset local time. On September 26, 2008,
    Taylor admitted that it was aware of the lighting outage and stated
    that the red obstruction lighting had not been exhibited for
    approximately 6 weeks prior to September 26, 2008. Taylor admitted
    that it did not notify the FAA about the outage prior to the
    inspection on September 26, 2008, because it claims it thought no
    NOTAM was required because antenna structure number 1038246 is near
    another taller antenna structure that was lit. However, there are no
    exceptions to the notification requirement in Section 17.48(a) of
    the Rules.

6.  Section 73.3526(a)(2) of the Rules requires broadcast stations to
    maintain for public inspection, a file containing materials listed
    in that section.[^7] Section 73.3526(c)(1) of the Rules states that
    the file shall be available for public inspection at any time during
    regular business hours.[^8] During an inspection, agents from the
    New Orleans Office requested to inspect station WOXD-FM's public
    inspection file during regular business hours. The station was
    unable to locate or make available any of the contents of the
    station's public inspection file. The station president was aware
    that the public inspection file was missing and stated that it had
    been stolen by a former employee. The station president admitted
    that the public inspection file had been missing for more than one
    day.

7.  Based on the evidence before us, we find that Taylor apparently
    willfully and repeatedly violated Sections 17.48(a) and 73.3526 of
    the Rules by not reporting immediately a malfunctioning light, which
    could not be corrected within 30 minutes, to the FAA and failing to
    maintain a public inspection file and apparently willfully violated
    Section 73.3526 of the Rules by failing to make available a public
    inspection file.

8.  Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* ("*Forfeiture Policy Statement*"), and Section 1.80 of
    the Rules, the base forfeiture amount for failing to file required
    information is \$3,000 and the base forfeiture amount for violating
    public file rules is \$10,000.[^9] 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, and
    history of prior offenses, ability to pay, and other such matters as
    justice may require.[^10] Applying the *Forfeiture Policy
    Statement*, Section 1.80 of the Rules, and the statutory factors to
    the instant case, we conclude that Taylor is apparently liable for a
    \$13,000 forfeiture.

# 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,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Taylor
    Communications, Inc. is hereby **NOTIFIED** of this **APPARENT
    LIABILITY FOR A FORFEITURE** in the amount of thirteen thousand
    dollars (\$13,000) for violations of Sections 17.48(a) and 73.3526
    of the Rules.[^11]

10. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Taylor 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.

11. Payment of the forfeiture must be made by credit card through the
    Commission's Revenue and Receivables Operations Group at (202)
    418-1995, or by check or similar instrument, payable to the order of
    the Federal Communications Commission. The payment must include the
    Account Number and FRN Number 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\[s\] by wire
    transfer may be made to ABA Number 021030004, receiving bank Federal
    Reserve Bank of New York, and account number 27000001. 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.[^12]   If you have questions,
    please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, New Orleans
    Office, 2424 Edenborn Ave., Suite 460, Metairie, Louisiana, 70001
    and must include the NAL/Acct. No. referenced in the caption.

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 shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Taylor Communications, Inc.
    at its address of record**.**

FEDERAL COMMUNICATIONS COMMISSION

Leroy Hall

District Director,

New Orleans Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. §§ 17.48(a), 73.3526.

[^2]: 47 U.S.C. § 503(b).

[^3]: Local sunset time was 7:15 PM-CDT.

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that "\[t\]he term \'willful\', when
    used with reference to the commission or omission of any act, means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this Act...."
    *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387 (1991).

[^5]: Section 312(f)(2) of the Act, 47 U.S.C. § 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."

[^6]: 47 C.F.R. § 17.48(a).

[^7]: 47 C.F.R. § 73.3526(a)(2).

[^8]: 47 C.F.R. § 73.3526(c)(1).

[^9]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^10]: 47 U.S.C. § 503(b)(2)(E).

[^11]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    17.48(a), 73.3526.

[^12]: *See* 47 C.F.R. § 1.1914.