**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number EB-02-NF-019        |
|                                  |   |                                 |
| Media Broadcasting Corporation   | ) | NAL/Acct.No.200232640005        |
|                                  |   |                                 |
| Owner of Antenna Structure       | ) | FRN 6756373                     |
| 1011741                          |   |                                 |
|                                  | ) |                                 |
| Winston-Salem, North Carolina    |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## 

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

### Released: June 13, 2002

By the Enforcement Bureau, Norfolk Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture, we find that
    Media Broadcasting Corporation ("Media"), owner of antenna structure
    number 1011741, willfully and repeatedly violated Sections 17.4(g)
    and 17.51 of the Commission's Rules ("Rules").[^1] Media failed to
    post its antenna structure registration ("ASR") number and it failed
    to maintain specified lighting on its structure. We find that Media
    is apparently liable for forfeiture in the amount of twelve thousand
    dollars (\$12,000.00).

**II.** **BACKGROUND**

2.  On January 22 and 23, 2002, an agent from the FCC's Norfolk Resident
    Agent Office ("Norfolk Office") observed Media's antenna structure
    number 1011741 used as part of the WAAA(AM) broadcast facility near
    Winston-Salem, North Carolina. On both dates, the agent noted the
    extinguishment of required lighting after sunset and the omission of
    a posted ASR number. The agent checked with the area Federal
    Aviation Administration's ("FAA") Flight Service Station on January
    24, 2002, which had no report of any light outage for Media's
    antenna structure.[^2]

3.  On February 1, 2002, the Norfolk Office released a Notice of
    Violation to Media citing violation of Sections 17.4(g) and 17.51 of
    the Rules. Media responded to the Notice of Violation in a February
    20, 2002 letter, stating that it was getting its structure
    registered. In the same letter, Media admitted that its structure
    was without lighting since July 2001.

**III**. **DISCUSSION**

4.  Section 17.4(g) of the Rules requires owners of registered antenna
    structures to display ASR numbers in a conspicuous place so that
    they are readily visible near the base of the antenna structure. On
    January 22 and 23, 2002, Media's antenna structure number 1011741
    did not have its ASR number posted on or near the tower.

5.  Section 17.51 of the Rules requires owners of antenna structures to
    exhibit lighting specified in FCC Form 854R from sunset to sunrise.
    Media's antenna structure number 1011741 was required to exhibit red
    obstruction lights from sunset to sunrise. On January 22 and 23,
    2002, Media's antenna structure number 1011741 was observed between
    sunset and sunrise with no lights exhibited. As of January 24, 2002,
    no report of any light outage was received by the FAA for Media's
    antenna structure.

6.  Based on the evidence before us, we find that Media repeatedly[^3]
    and willfully[^4] violated Sections 17.4(g) and 17.51 of the Rules
    by failing to display its ASR number and exhibit prescribed
    lighting.

7.  Pursuant to Section 1.80(b)(4) of the Rules, the base forfeiture
    amount for failure to comply with prescribed lighting is
    \$10,000.[^5] The Rules do not establish a base forfeiture amount
    for failure to post the ASR number.[^6] The Commission has
    determined, however, that an appropriate base forfeiture amount for
    failure to post the ASR number is \$2,000 per violation.[^7] In
    assessing the monetary forfeiture amount we must also take into
    account the statutory factors set forth in Section 503(b)(2)(D) of
    the Communications Act of 1934, as amended ("Act"), which include
    the nature, circumstances, extent, and gravity of the violation(s),
    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.[^8] Considering the entire record and applying
    the statutory factors listed above, this case warrants a \$12,000
    forfeiture.

#### 

####  IV. ORDERING CLAUSES

8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^9] and Sections 0.111, 0.311 and 1.80 of the Rules,[^10] Media
    is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the
    amount of twelve thousand dollars (\$12,000.00) for willful and
    repeated violation of Sections 17.4(g) and 17.51 of the Rules.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NOTICE OF APPARENT
    LIABILITY, Media SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

10. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, IL
    60673-7482. Requests for payment of the full amount of this Notice
    of Apparent Liability under an installment plan should be sent to:
    Federal Communications Commission, Chief, Revenue and Receivables
    Operations Group, 445 12th Street, SW, Washington, D.C. 20554.[^11]
    Payment must note the "FRN" and the "NAL/Acct. No." cited in the
    letterhead.

11. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street, SW,
    Washington, DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division, and MUST INCLUDE THE "NAL/Acct. No." and "FRN"
    cited in the letterhead.

12. 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.

13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by First Class Mail and Certified Mail
    Return Receipt Requested to Media Broadcasting Corporation; POB
    11197; Winston-Salem, NC 27116-1197.

FEDERAL COMMUNICATIONS COMMISSION

Joseph P. Husnay

Resident Agent, Enforcement Bureau

Media Broadcasting Corporation

POB 11197

Winston-Salem NC 27116-1197

Media Broadcasting Corporation

POB 11197

Winston-Salem NC 27116-1197

Media Broadcasting Corporation

POB 11197

Winston-Salem NC 27116-1197

[^1]: 47 C.F.R. §§ 17.4(g) and 17.51.

[^2]: Antenna structure owners are required to report immediately to the
    nearest FAA Flight Service Station any known extinguishment or
    malfunction of any top steady burning light or any flashing
    obstruction light if the problem cannot be corrected within 30
    minutes. 47 C.F.R. § 17.48.

[^3]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which applies
    equally to 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."

[^4]: ^?^ Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
    applies equally to 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 ...." *See Southern California Broadcasting
    Co.*, 6 FCC Rcd 4387 (1991).

[^5]: ^?^ 47 C.F.R. § 1.80(b)(4)

[^6]: ^?^ *See The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines ("Forfeiture Policy Statement")*, 12 FCC Rcd 17087
    (1997), *recon. denied* 15 FCC Rcd 303 (1999). The *Forfeiture
    Policy Statement* states that "\... any omission of a specific rule
    violation from the \... \[forfeiture guidelines\] \... should not
    signal that the Commission considers any unlisted violation as
    nonexistent or unimportant. *Forfeiture Policy Statement*, 12 FCC
    Rcd at 17099. The Commission retains the discretion, moreover, to
    depart from the Forfeiture Policy Statement and issue forfeitures on
    a case‑by‑case basis, under its general forfeiture authority
    contained in Section 503 of the Act. *Id*.

[^7]: ^?^ *American Tower Corporation*, 16 FCC Rcd 1282 (2001).

[^8]: ^?^ 47 U.S.C. § 503(b)(2)(D).

[^9]: ^?^ 47 U.S.C. § 503(b).

[^10]: ^?^ 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^11]: ^?^ *See* 47 C.F.R. § 1.1914.