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                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  that  Pride Radio  Licensee,  Inc.  (``Pride 
Radio''), licensee  of  WJTW, Joliet,  Illinois,  has  apparently 
violated     Sections      11.35(a),     11.61(a)(1)(v),      and 
11.61(a)(2)(ii)(A) of  the Commission's  Rules (the  ``Rules'').1  
The violations  include  failure to  have  operational  Emergency 
Alert System (``EAS'') equipment and  failure to conduct and  log 
required EAS tests.  We conclude  that Pride Radio is  apparently 
liable for a forfeiture  in the amount  of four thousand  dollars 
($4,000).

                         II.  Background

     2.   On December 21,  1999, an agent  from the  Commission's 
Chicago,  Illinois  Field   Office  (``Chicago  Field   Office'') 
inspected  radio  station  WJTW,  Joliet,  Illinois,  to   verify 
compliance with the Commission's  EAS requirements.  The  agent's 
inspection of WJTW's station log revealed WJTW: 
(a)  did not have fully operational EAS equipment and was  unable 
  to reliably monitor  EAS transmissions; WJTW failed to  receive 
  and log  required EAS  tests for  the periods  5/16/99-5/22/99, 
  6/13/99-7/17/99,    8/8/99-9/18/99,   10/17/99-10/23/99,    and 
  11/21/99-12/18/99; 
(b)  failed to transmit and log required weekly EAS tests for the 
  periods   5/23/99-5/29/99,   6/6/99-7/24/99,   8/22/99-8/28/99, 
  9/5/99-9/25/99, and 11/21/99-12/4/99; and 
(c)  did not conduct and  log the required  monthly EAS tests  on 
  July  6,1999,  September  7, 1999,  and  December  7,  1999  in 
  accordance with the Illinois State Plan.

     3.   On January  11,  2000,  the District  Director  of  the 
Chicago Field  Office  issued  an Official  Notice  of  Violation 
(``NOV'') to WJTW for the  violations the agent found during  the 
December 21, 1999 inspection.   The District Director cited  WJTW 
for non-compliance  with Sections  11.35(a), 11.61(a)(1)(v),  and 
11.61(a)(2)(ii)(A) of the Rules.

     4.   On January 24, 2000, the Chicago Field Office  received 
a response from Pride Radio dated January 24, 2000.  Pride  Radio 
acknowledged in its response  that it had  failed to comply  with 
the FCC's EAS requirements, but detailed corrective steps that it 
had taken to eliminate the  violations (e.g., installing new  EAS 
equipment). 

                        III.  Discussion

     5.   Section  11.35(a)  of  the  Rules2  requires  broadcast 
stations to have EAS equipment  installed so that the  monitoring 
and transmitting functions are available during times the station 
and systems are in operation. The station must also determine the 
cause of any failure to receive the required tests or activations 
and make  appropriate entries  in its  station log.   During  the 
December 21, 1999 inspection, the  agent found that WJTW did  not 
have fully operational EAS equipment  installed that was able  to 
consistently receive  required EAS  tests as  noted in  paragraph 
2(a).    Furthermore,  WJTW  did  not  determine  and  make   the 
appropriate entries detailing the cause of any failure to receive 
the required tests in its station log. 

     6.   Section 11.61(a)(1)(v) of the Rules3 requires broadcast 
stations to conduct and log monthly  tests of the EAS. The  State 
of  Illinois  EAS   Plan,  developed  by   the  State   Emergency 
Communications Committee, specifies  that the  monthly EAS  tests 
will be performed  on the first  Tuesday of each  month at  10:15 
a.m.  The agent found that Pride  Radio did not transmit and  log 
the required monthly tests on July 6, 1999, September 7, 1999, or 
December 7, 1999 in accordance with the Illinois State Plan. 

     7.   Section  11.61(a)(2)(ii)(A)  of  the  Rules4   requires 
broadcast stations  to conduct  tests  at least  once a  week  at 
random days and times.  During the December 21, 1999  inspection, 
the agent found  that WJTW did  not transmit and  log its  weekly 
random EAS tests as noted in paragraph 2(b).  

     8.   Based on the  evidence before  us, we  find that  Pride 
Radio willfully5  and  repeatedly6  violated  Sections  11.35(a), 
11.61(a)(1)(v),  and  11.61(a)(2)(ii)(A)   of  the  Rules.    The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd  17087  (1997),  recon.  denied,  15  FCC  Rcd  303(1999) 
(``Policy Statement''), sets the base amount for failure to  have 
EAS equipment installed and operational at eight thousand dollars 
($8,000).  In assessing the  monetary forfeiture amount, we  must 
also take into account the statutory factors set forth in Section 
503(b)(2)(D) of the Communications Act of 1934, as amended (``the 
Act''), 7  that include  the  nature, circumstances,  extent  and 
gravity of the violation, 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.  Applying the 
Policy Statement and  statutory factors to  the instant case,  we 
believe that  a  monetary  forfeiture of  four  thousand  dollars 
($4,000) is  warranted  for  the  violations.   WJTW's  equipment 
worked on a  periodic basis  and WJTW  did transmit  some of  the 
required weekly and monthly tests.
      
                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Pride  Radio Licensee,  Inc. is  hereby NOTIFIED  of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  four 
thousand dollars ($4,000) for failure to maintain operational EAS 
equipment and for failing to conduct and log the required monthly 
and weekly  tests  of EAS,  in  violation of  Sections  11.35(a), 
11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Rules.10

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,11 within thirty days of the release  date 
of this NOTICE OF APPARENT LIABILITY, Pride Radio Licensee,  Inc. 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     11.  Payment of the  forfeiture may be  made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  by mailing  a  check or  similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3232003. 

     12.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. X3232003. 

     13.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.12

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Fletcher, Heald & Hildreth, P.L.C. Attorneys at Law, 
11th Floor, 1300  North 17th Street,  Arlington, Virginia  22209-
3801.  A copy shall be sent, by first class mail, to Pride  Radio 
Licensee, Inc., 8800 Route 14, Crystal Lake, Illinois 60012.


                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              G. Michael Moffitt
                              District Director
                              Chicago, Illinois Field Office
                              Enforcement Bureau


   
_________________________

1 47 C.F.R.  11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A).
2 47 C.F.R.  11.35(a).

3 47 C.F.R.  11.61(a)(1)(v).

4 47 C.F.R.  11.61(a)(2) (ii)(A).

5 Section 312(f)(1), which also applies to Section 503(b), 
provides: [t]he term ``willful'', when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

6 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he term ``repeated'', when used with reference to 
the commission or omission of any act,  means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.
7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 47 C.F.R.  11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A).

11 47 C.F.R.  1.80.
12 See 47 C.F.R.  1.1914.