******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) In the Matter of ) ) Wings Communications, Inc. ) Radio Station WELE(AM) ) NAL/Acct. No. 815TP0002 Ormond Beach, FL ) ) ) ) ) ) FORFEITURE ORDER Released: March 5, 1998 By the Compliance and Information Bureau: 1. Before the Bureau is a Notice of Apparent Liability ("NAL"), issued on December 29, 1997, and the response thereto, filed by Doug Wilhite, President of Wing Communications, Inc., on January 30, 1998, requesting that the Bureau dismiss the NAL. The NAL proposes imposition of a forfeiture in the amount of $2,000, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 503(b), against Wings Communications, Inc., licensee of radio station WELE(AM) in Ormond, FL, for willful and continuous violations of Section 73.1590(a)(6) of the rules, 47 C.F.R. 73.1590(a)(6). For the reasons noted below, we are affirming the $2,000 monetary forfeiture. 2. The NAL was issued to Wings Communications, Inc. for continuously failing to make required equipment performance measurements annually with no more than 14 months between measurements. In the response to the NAL, on behalf of the licensee of WELE(AM), Mr. Wilhite admits to failing to make the required performance equipment measurements in the manner prescribed. However, he requests cancellation of the forfeiture due to "lack of understanding of the nature of the requirements." Mr. Wilhite claims that once the nature of the requirement was understood, all efforts were made to bring the station into compliance. Additionally, Mr. Wilhite recognizes the licensee's responsibility for knowledge of, and compliance with, all applicable sections of the Commission's rules, which include the equipment performance measurements, and apologizes for the licensee's ignorance. Mr. Wilhite, however, disputes that the violation was willful. 3. On November 21, 1996, an engineer from the Compliance and Information Bureau's (CIB) Tampa Field Office, inspected radio station WELE(AM), Ormond Beach, FL. The inspection revealed several violations of the Commission's Rules, including a violation of 47 C.F.R.  73.1590(a)(6). On December 11, 1996, an Official Notice of Violation (NOV) was issued to Wings Communications, Inc. by the Tampa Field Office. On December 23, 1996, the Tampa Field Office received a written response to the NOV from Mr. Doug Wilhite, Chief Engineer, WELE(AM). Mr. Wilhite acknowledged the technical and operational deficiencies that led to the violations. In regard to the violation of 47 C.F.R.  73.1590(a)(6), he stated that,"(A)ll equipment performance tests will be completed within the month." On February 20, 1997, an engineer from the Tampa Field Office, reinspected radio station WELE(AM). The reinspection revealed that the equipment performance measurements had not been made despite Mr. Wilhite's assurances in his response to the NOV. Mr. Wilhite stated during the reinspection that he didn't know what the equipment performance measurements were, a direct contradiction of his response to the NOV and the explanation given in the NOV itself. 4. Notwithstanding Mr. Wilhite's misunderstanding regarding the term, the violation was willful. Additionally, while Mr. Wilhite's apology on behalf of Wings Communications is commendable, it does not exculpate the licensee from responsibility for compliance with the terms of their license. 5. Based on the violation in the instant case, the Bureau issued the forfeiture pursuant to Section 503 of the Act, 47 U.S.C. 503, and Section 1.80 of the rules, 47 C.F.R. 1.80. In assessing forfeitures, Section 503(b) of the Act requires that the Commission take into account the nature, circumstances, extent and gravity of the violation 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. 47 U.S.C. 503(b)(2)(D). In the response, the licensee has offered no information concerning any relevant mitigating factors or his inability to pay. Based upon the above factors, we find that a forfeiture in the amount of $2,000 is appropriate. 6. ACCORDINGLY, IT IS ORDERED that, pursuant to 47 U.S.C. 503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R. 1.80, WINGS COMMUNICATIONS, INC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and continuous violation of FCC Rule 73.1590(a)(6), 47 C.F.R. 73.1590(a)(6). 7. IT IS FURTHER ORDERED, pursuant to Section 1.80(f) of the Commission's Rules, 47 C.F.R. 1.80(f), that WINGS COMMUNICATIONS, INC. shall, within thirty (30) days of the release of this Forfeiture Order, pay the full amount of the forfeiture. Forfeitures shall be paid by check, money order or credit card, with the appropriate documentation, made payable to the Federal Communications Commission. The remittance should be marked NAL/Acct. No.:815TP0002, and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 Petitions for Reconsideration pursuant to Section 1.106, 47 C.F.R. 1.106 of the Rules, or Applications for Review pursuant to Section 1.115, 47 C.F.R. 1.115, should be sent to: Federal Communications Commission Chief, Compliance Division Compliance and Information Bureau 1919 M Street, N.W. Washington, D.C. 20554 ATTN: Mail Stop 1500E3-MSL 8. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return receipt requested, to Wings Communications, Inc. FEDERAL COMMUNICATIONS COMMISSION Lawrence S. Schaffner Acting Director, Legal Services Group Compliance Division Compliance and Information Bureau