*Pages 1--2 from Microsoft Word - 14554.doc* Federal Communications Commission DA 02- 230 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Groveton Broadcasting Group, Inc. ) File No. EB- 01- DL- 0488 Licensee of KYCX- FM ) NAL/ Acct. No. 200232500001 Mexia, Texas ) FRN 0005- 0152- 27 FORFEITURE ORDER Adopted: January 30, 2002 Released: February 1, 2002 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of three thousand dollars ($ 3, 000) to Groveton Broadcasting Group, Inc. (“ Groveton”) for willfully violating Section 17.4( a) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Groveton’s failure to register KYCX- FM’s antenna structure. 2. On October 2, 2001, the District Director of the Enforcement Bureau’s Dallas, Texas Field Office issued a $3, 000 Notice of Apparent Liability for Forfeiture (“ NAL”) to Groveton. 2 Groveton filed a response, dated October 24, 2001, to the NAL. 3. The NAL arose from a visit by a Dallas Field Office agent to KYCX- FM on October 18, 2000, during which time the agent discovered, among other things, that Groveton had not registered KYCX- FM’s antenna structure as required by Section 17.4( a) of the Rules. On October 30, 2000, the District Director of the Dallas Field Office issued Groveton a Notice of Violation for the antenna structure violation. A subsequent telephone call from Dallas Field Office agents to KYCX- FM’s general manager on April 23, 2001, revealed that Groveton had not registered KYCX- FM’s antenna structure. Five months later, on September 19, 2001, Dallas Field Office agents visited KYCX- FM and found that Groveton still had not registered KYCX-FM’s antenna structure. On October 2, 2001, the District Director of the Dallas Field Office issued the subject NAL. 4. In its response to the NAL, Groveton does not contest that it failed to register KYCX- FM’s antenna structure. Instead, Groveton asks that we cancel the proposed $3,000 forfeiture based on its alleged inability to pay that amount. To support its request, Groveton supplies us with copies of its U. S. income tax returns for the years 1998- 2000. 1 47 C. F. R. § 17. 4( a). 2 Groveton Broadcasting Group Inc., NAL/ Acct. No. 200232500001 (Enf. Bur., Dallas Field Office, rel. Oct. 2, 2001). 1 Federal Communications Commission DA 02- 230 2 5. Although other factors can be considered, the best indication of a company’s ability to pay a forfeiture is its gross receipts. 3 After reviewing Groveton’s financial information, we find no evidence that would support a financial hardship- based reduction of the proposed forfeiture amount. The proposed $3,000 forfeiture is not excessive in light of Groveton’s gross receipts. 6. Groveton informs us that it is in the process of registering KYCX- FM’s antenna structure, which, the Commission’s Antenna Structure Registration database reveals, as of January 28, 2002, has not been completed. To the extent, if any, that Groveton seeks to rely on its efforts to correct this violation, we note that remedial action, although commendable, will not nullify a forfeiture penalty. 4 7. Accordingly, IT IS ORDERED that, pursuant to Section 503( b) of the Communications Act of 1934, as amended (“ Act”), 5 and Sections 0.111, 0.311, and 1.80( f)( 4) of the Rules, 6 Groveton Broadcasting Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,000 for violating Section 17.4( a) of the Rules. 8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 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. 7 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 “NAL/ Acct. No. 200232500001” and “FRN 0005- 0152- 27” 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. 8 9. IT IS FURTHER ORDERED that a copy of this Order shall by sent by certified mail, return receipt requested, to Groveton Broadcasting Group, Inc., 1006- B Milam Street, Mexia, Texas 76667. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 3 See PJB Communications, 7 FCC Rcd 2088, 2089 (1992). 4 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). 5 47 U. S. C. 503( b). 6 47 C. F. R. §§ 0. 111, 0.311, 1. 80( f)( 4). 7 47 U. S. C. § 504( a). 8 See 47 C. F. R. § 1.1914. 2