In re WKLC, Inc., EB-03-CF-472

CourtFederal Communications Commission Decisions
Writing for the CourtKris Anne Monteith Acting Chief, Enforcement Bureau
Decision Date12 August 2005
PartiesIn the Matter of WKLC, Inc. WJYP(AM) St. Albans, West Virginia
Docket NumberEB-03-CF-472,DA 05-2264

In the Matter of WKLC, Inc. WJYP(AM) St. Albans, West Virginia

No. EB-03-CF-472

No. DA 05-2264

Federal Communications Commission

August 12, 2005


Adopted: August 10, 2005

NAL/Acct. No. 200432340002 FRN: 0002-0120-03

MEMORANDUM OPINION AND ORDER

Kris Anne Monteith Acting Chief, Enforcement Bureau

By the Acting Chief, Enforcement Bureau:

1. In this Memorandum Opinion and Order ("Order), we cancel a proposed monetary forfeiture issued to WKLC, Inc. ("WKLC")[1] for alleged willful and repeated violation of the Commission's Rules ("Rules") requiring the registration and painting of antenna structures.[2] Based on the information now before us, the Enforcement Bureau (Bureau) finds that no forfeiture should be imposed, contingent upon WKLC fulfilling the condition imposed herein.

A. Background

2. WKLC, Inc. is the licensee of WJYP (AM) and the owner of the station's antenna structure located at approximately 38º 23' 43" North Latitude and 82º 51' 00" West Longitude, near St. Albans, West Virginia. On July 23, 2003, as part of ongoing inspections of radio operations, the Bureau investigators observed apparent violations of the Commission's rules requiring the registration and painting of antenna structures. Specifically, the investigator noted that the tower at the listed coordinates had never been painted. Moreover, the investigator noted that the tower was a replacement for the originally registered tower and that the replacement was not registered. Accordingly, the Bureau issued a Notice of Apparent Liability for Forfeiture, proposing a $13, 000 forfeiture for the alleged violations.

3. WKLC, Inc. responded to the NAL on March 29, 2004. In its response, WKLC stated that the antenna structure is exempt from the Commission's registration and painting requirements because the structure itself is less than 200 feet in height. It bases this argument on a declaration provided by Fred A. Francis, President of Francis Technical Services, the contract engineer for Station WJYP. Mr. Francis declares that an employee of A&B Communications climbed the "WYYP" (sic) tower and dropped a 100 foot tape measure, while another member of his crew placed a mark on the tower at that level. The two employees then determined that the measurement from the mark to the ground was 97 feet 7 inches. Therefore, states Mr. Francis, the measurement of the tower is 197 feet 7 inches.

4. Mr. Francis further declares that the tower consists of twenty 10-foot sections that sit on a two-foot concrete pier with a one-foot insulator. The tower sections are each 10 feet in height, but 3.5 inches of each section end inserts into the next section for bolting purposes; therefore, he states, 3.5 inches in tower height are lost for each section. For...

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