Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
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
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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, 10th 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 16th 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).