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 Federal  Communications  Commission  DA  04-  1868 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Mega  Communications  of  New  Britain  Licensee,  )  File  Number  EB-  02-  BS-  257  L.  L.  C.  )  NAL/  Acct.  No.  200332260003 
 WLAT  )  FRN:  0003-  7847-  90  New  Britain,  Connecticut  ) 
 ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  June  24,  2004  Released:  June  28,  2004 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  seven  thousand  dollar  ($  7,000)  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  1  issued  to  Mega  Communications  of  New 
 Britain  Licensee  L.  L.  C.,  (“  Mega”)  licensee  of  AM  radio  station  WLAT,  New  Britain,  Connecticut  for  its  apparent  willful  violation  of  Section  73.49  of  the  Commission’s  Rules  (“  Rules”).  2  The  alleged  violation 
 involved  Mega’s  failure  to  enclose  two  of  its  antenna  structures  within  effective  locked  fences  or  other  enclosures.  Based  on  our  review  of  Mega’s  response  to  the  NAL  and  the  overall  record,  including 
 Mega’s  regular  inspection  of  the  tower  and  the  fact  that  the  problem  occurred  shortly  after  an  inspection  by  Mega,  we  conclude  that  Mega  did  not  willfully  violate  Section  73.49  of  the  Rules.  Thus,  we  conclude 
 that  no  forfeiture  should  be  imposed. 
 2.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Communications  Act  of  1934  as  amended,  and  Section  1.80(  f)(  4)  of  the  Rules,  3  the  instant  Notice  of  Apparent  Liability  for 
 Forfeiture,  NAL/  Acct.  No.  200332260003,  IS  CANCELLED. 
 3.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail,  Return  Receipt  Requested,  and  by  First  Class  Mail  to  Mega  Communications  of  New  Britain,  Licensee, 
 L.  L.  C.,  8121  Georgia  Avenue,  10  th  floor,  Silver  Spring,  Maryland  20910  and  to  its  counsel,  Mark  B.  Denbo,  Esq.,  and  Christopher  G.  Wood,  Esq.,  Fleischman  and  Walsh,  L.  L.  P.,  1400  16  th  Street,  N.  W., 
 Washington,  D.  C.  20036. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200332260003  (Enf.  Bur.,  Boston  Office,  released 
 February  14,  2003). 
 2  47  C.  F.  R.  §  73.49. 


 3  47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.80(  f)(  4). 
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