FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,914
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Federal Communications Commission
A. Failure to Enclose the Antenna Structure Within an Effective Locked Fence
7. Section 73.49 of the Rules states that "[a]ntenna towers having radio frequency potential
at the base ... must be enclosed within effective locked fences or other enclosures."4 "Individual tower
fences need not be installed if the towers are contained within a protective property fence."'5 Station
WDGR(AM)'s antenna structure has radio frequency potential at its base and therefore must be enclosed
within an effective locked fence. On January 5, January 11, and again on January 17, 2012, when the
Station was in operation, agents from the Atlanta Office observed that a section of the fence surrounding
the antenna structure was missing, thereby allowing ready access to the base. The agents also observed
that there was no fence around the perimeter of the property. Based on the evidence before us, we find
that Mrs. Kim apparently willfully and repeatedly violated Section 73.49 of the Rules by failing to
enclose the Station's antenna structure within an effective locked fence.6
B. Failure to Adhere to the Terms of the Station Authorization
8. Section 73.1745 of the Rules states that "[n]o broadcast station shall operate at times, or
with modes or power, other than those specified and made a part of the license, unless otherwise provided
in this part.""7 Station WDGR(AM) has authority to operate two hours past sunset (until 7:45 p.m.) with
a transmitter power of I watt. On January 5, and again on January 11, 2012, agents from the Atlanta
Office observed Station WDGR(AM) operate after post sunset hours (until at least 8:30 p.m.) with more
than 1 watt of transmitter power. Although the Station's chief operator attributed the unauthorized
operations to an employee mistake, Commission precedent has established that a violator can be held
liable for violations resulting from employee mistakes.'" Based on the evidence before us, we find that
Mrs. Kim apparently willfully and repeatedly violated Section 73.1745 of the Rules by operating the
Station at times and with modes of power inconsistent with her station authorization.
C. Proposed Forfeiture Amount
9. Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for an AM tower fencing violation is $7,000 and for exceeding power limits is
$4,000.19 In assessing the monetary forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and
gravity of the violations, 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.20 Applying the Forfeiture Policy
Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we conclude that Mrs.
14 47 C.F.R. 73.49.
16 Station WDGR is currently silent. Thus, there is no longer radio frequency potential at the base or a potential
17 47 C.F.R. 73.1745.
18 See, e.g., Tidewater Communications, LLC, Order on Review, 25 FCC Rcd 1675 (2010), citing North Country
Repeaters, Forfeiture Order, 19 FCC Rcd 22139 (Enf. Bur. 2004); PBJ Communications of Virginia, Inc.,
Memorandum Opinion and Order, 7 FCC Red 2088 (1988); and Standard Communications Corp., Memorandum
Opinion and Order, I FCC Red 358 (1986).
19 The Commission 's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Red 17087 (1997) (Forfeiture Policy Statement), recons denied,
15 FCC Red 303 (1999); 47 C.F.R. 1.80.
20 47 U.S.C. 503(b)(2XE).
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/81/: accessed February 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.