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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )       File Number EB-02-AT-341
                                )
Horne Radio, LLC                 )     NAL/Acct. No. 200332480011
Licensee of Radio Station WMTN,  )
Morristown, Tennessee            )             FRN  0004-3408-99
Knoxville, Tennessee             )




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  November 5, 2002

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find Horne  Radio,  LLC (``Horne''),  licensee  of 
radio station WMTN, Morristown, Tennessee, apparently liable  for 
a forfeiture in the amount of four thousand dollars ($4,000)  for 
willful and  repeated  violation  of Section  73.1745(a)  of  the 
Commission's Rules.1   Specifically,  we find  Horne  Radio,  LLC 
apparently liable for failure to reduce power at sunset.

                         II.  BACKGROUND

     2.  On  July 30,  2002, an  agent from  the FCC  Enforcement 
Bureau's Atlanta  Field  Office monitored  WMTN's  signal.  Field 
strength measurements revealed that WMTN did not reduce power  at 
sunset as required by the station authorization.  WMTN stayed  at 
daytime power until 11:00  pm EDT, at  which time monitoring  was 
discontinued.  Local sunset is 8:45 pm EDT in July. 

     3. On July  31, 2002 an  agent of the  Atlanta Field  Office 
again  monitored  WMTN's  signal.   Field  strength  measurements 
revealed that WMTN did  not reduce power  at sunset as  required.  
WMTN stayed at daytime  power until 11:00 pm  EDT, at which  time 
monitoring was discontinued.

     4.  On September12, 2002,  WMTN's general manager stated  he 
was aware of the station's  overpower operation in July and  that 
the station's transmitter control system was inoperative and  the 
operator on  duty had  failed  to lower  the station's  power  at 
sunset.


                      III.      DISCUSSION

     5.  Section 73.1745(a) of the Rules states that no broadcast 
station shall operate  at times,  or with modes  or power,  other 
than those specified and made part of the license. WMTN  operated 
with daytime power on July 30 and July 31, 2002 during  nighttime 
hours until 11:00 pm EDT. 

     6.  Based on the evidence before us, we find that on July 30 
and  31,  2002,  Horne  Radio,  LLC  willfully2  and  repeatedly3 
violated Section 73.1745(a) of the Commission's Rules by  failing 
to reduce power at sunset.

     7. Pursuant to Section 1.80(b)(4)  of the Rules, 4 the  base 
forfeiture amounts for failing  to reduce power (exceeding  power 
limits) is $4,000.  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  (``Act''),  which  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.5   Considering  the  entire  record  and  applying   the 
statutory factors  listed  above,  this case  warrants  a  $4,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     8.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Horne  Radio, LLC  is hereby  NOTIFIED of  this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars 
($4,000) for willful and repeated violation of Section 73.1745(a) 
of the Rules by failing to reduce power at sunset.

     9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty  days of the release  date of this  NAL, 
Horne Radio,  LLC  SHALL PAY  the  full amount  of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     10.  Payment  of the  forfeiture may  be made  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 MUST  INCLUDE 
the NAL/Acct. No. and FRN referenced above.  Requests for payment 
of the full amount of this  NAL under an installment plan  should 
be sent to:  Chief, Revenue and Receivables Operations Group, 445 
12th Street, S.W., Washington, D.C. 20554.8

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced above.

     12.  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.  

     13. Under the Small Business  Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.
      
     14. IT IS FURTHER ORDERED THAT  a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Horne Radio, LLC, Post Office Box 24250, Knoxville, TN 37933.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau         

Attachment
_________________________

1 47 C.F.R.  73.1745(a) 
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally to Section 503(b) of the Act, provides that 
``[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 provision of this Act ....''  See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503 (b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.