**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

T & W Communications Corporation ) File Number EB-00-OR-145

P.O. Box 1078 )

Columbus, Mississippi 39703 ) NAL/Acct. No. 200132620001

**FORFEITURE ORDER**

**Adopted: March 20, 2001 Released: March 22, 2001**

By the Chief, Enforcement Bureau:

**I. INTRODUCTION**

1\. In this Forfeiture Order ("Order"), we issue a monetary forfeiture
in the amount of six thousand five hundred dollars (\$6,500) against T &
W Communications Corporation ("T & W Communications"), licensee of WACR
(AM),[^1] Columbus, Mississippi, for willfully violating Sections
17.4(a)(2) and 73.49 of the Commission's Rules ("Rules").[^2] The noted
violations involve T & W Communications's failure to register its
antenna structure and to enclose its antenna structure with an effective
locked fence.

2\. On November 9, 2000, the District Director of the Enforcement
Bureau's New Orleans Office issued a Notice of Apparent Liability
("NAL") for Forfeiture in the amount of six thousand five hundred
dollars (\$6,500).[^3] T & W Communications filed a response on December
11, 2000.

**II. BACKGROUND**

3\. On August 23, 2000, an agent from the New Orleans Office inspected
WACR. The agent found that WACR's antenna structure, which had radio
frequency potential at its base, was enclosed by a fence that was not
locked. The agent also observed that WACR's antenna structure did not
have an antenna structure registration ("ASR") number displayed at its
base. The agent subsequently learned that WACR's antenna structure was
not registered.

## III. DISCUSSION

4\. T & W Communications does not contest the violations, and claims to
have corrected them. T & W Communications submits U.S. Tax Returns for
1997-1999, along with an Income Statement and Balance Sheet, current
through September of 2000, and asks that we cancel the proposed
forfeiture because of its alleged inability to pay. After reviewing T &
W Communications's financial documentation, we find that the \$6,500
proposed forfeiture is reasonable given its gross receipts or sales of
\$510,816 (1997), \$406,814 (1998), \$511,304 (1999), and \$370,928
(through September of 2000).[^4]

**IV. ORDERING CLAUSES**

5\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
the Act, as amended,[^5] and Sections 0.111, 0.311, and 1.80(f)(4) of
the Rules,[^6] T & W Communications **IS LIABLE FOR A MONETARY
FORFEITURE** in the amount of \$6,500 for violating Sections 17.4(a)(2)
and 73.49 of the Rules requiring it to register its antenna structure
and to enclose that antenna structure with an effective locked
fence.[^7]

6\. Payment of the forfeiture shall be made in the manner provided for
in Section 1.80 of the Rules,[^8] within 30 days of the release of this
Order. If the forfeiture is not paid within the period specified, the
case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act.[^9] Payment may be made by
mailing a check or similar instrument, payable to the order of the
"Federal Communications Commission," to the Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note the NAL/Acct. No. 200132620001 referenced above. Requests
for full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.[^10]

7\. **IT IS FURTHER ORDERED** that copies of this Order shall be sent by
Certified Mail Return Receipt Requested to Danny Byrd, T & W
Communications Corporation, P.O. Box 1078, Columbus, Mississippi 39703.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: All our references to WACR in this Order are to WACR (AM) and not
    co-located WACR-FM.

[^2]: 47 C.F.R. § § 17.4(a)(2), 73.49.

[^3]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200132620001 (Enf. Bur., rel. Nov. 9, 2000).

[^4]: *See* *PJB Communications*, 7 FCC Rcd 2088 (1992).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^7]: 47 C.F.R. §§ 17.4(a)(2), 73.49.

[^8]: 47 C.F.R. § 1.80.

[^9]: 47 U.S.C. § 504(a).

[^10]: *See* 47 C.F.R. § 1.1914.