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 Federal  Communications  Commission  DA  03-  363 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Marshall  County  Radio  Corp.  )  File  No.:  EB-  02-  AT-  316  )  NAL/  Acct.  No.  200332480002 
 Licensee  of  AM  Radio  Station  WAXO  )  FRN  0003-  7254-  88  Lewisburg,  Tennessee  ) 


 FORFEITURE  ORDER 
 Adopted:  February  6,  2003  Released:  February  10,  2003 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Forfeiture  Order  (“  Order”),  we  issue  a  monetary  forfeiture  in  the  amount  of  seven  thousand  dollars  ($  7,000)  to  Marshall  County  Radio  Corp.  (“  Marshall  County”),  licensee  of  AM  radio 
 station  WAXO,  Lewisburg,  Tennessee,  for  willful  and  repeated  violation  of  Section  73.  49  of  the  Commission’s  Rules  (“  Rules”).  1  The  noted  violation  involves  Marshall  County’s  failure  to  enclose  its 
 antenna  tower  within  an  effective  locked  fence  or  other  enclosure. 
 2.  On  November  5,  2002,  the  District  Director  of  the  Commission’s  Atlanta,  Georgia  Field  Office  (“  Atlanta  Office”)  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  in  the  amount  of 
 $7,000  to  Marshall  County.  2  Marshall  County  has  not  filed  a  response  to  the  NAL.  Based  on  the  information  before  us,  we  affirm  the  forfeiture. 


 3.  ACCORDINGLY,  IT  IS  ORDERED  THAT,  pursuant  to  Section  503(  b)  of  the  Communications  Act  of  1934,  as  amended  (“  Act”),  3  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the 
 Rules,  4  Marshall  County  Radio  Corp.  IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the  amount  of  $7,000  for  willfully  and  repeatedly  violating  Section  73.  49  of  the  Rules. 


 4.  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.  5  Payment  shall  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.  200332480002  and  FRN  0003- 
 7254-  88.  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.  6 


 1  47  C.  F.  R.  §  73.  49. 
 2  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200332480002  (Enf.  Bur.,  Atlanta  Office, 
 released  November  5,  2002). 
 3  47  U.  S.  C.  §  503(  b). 


 4  47  C.  F.  R.  §§  0.  111,  0.311,  1.80(  f)(  4). 
 5  47  U.  S.  C.  §  504(  a). 
 6  See  47  C.  F.  R.  §  1.1914. 
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 Federal  Communications  Commission  DA  03-  363 
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 5.  IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this  Order  shall  be  sent  by  first  class  mail  and  certified  mail,  return  receipt  requested,  to  Marshall  County  Radio  Corp.,  217  West  Commerce 
 Street,  Lewisburg,  Tennessee  37091. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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