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

In the Matter of                )
                                )       File No. EB-02-DT-988
Floyd County Broadcasting Company, Inc. )
WMDJ-FM                         )       NAL/Acct.             No. 
200332360001
Martin, Kentucky                )
                                )       FRN: 0005-0045-51


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  November 6, 2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.   Introduction
 
 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), 
  we find that  Floyd County Broadcasting Company, Inc.  (``Floyd 
  County   Broadcasting''),   the  licensee   of   WMDJ-FM,   has 
  apparently violated Section 11.35(a) of the Commission's  Rules 
  (``Rules'')1 by  failing to have  Emergency Alert System  (EAS) 
  equipment  installed and  operating.   We conclude  that  Floyd 
  County Broadcasting  is apparently liable  for a forfeiture  in 
  the amount of eight thousand dollars ($8,000).

                         II.  Background

     2.   On July 30, 2002, an FCC agent from the Detroit  Office 
          conducted an Emergency Alert System inspection of WMDJ-
          FM.  At  the  time  of  inspection,  he  found  no  EAS 
          equipment installed.  The station manager told him that 
          WMDJ-FM had  never  installed any  EAS  generating  and 
          receiving equipment at the station.

                        III.  Discussion

     3.   Section 11.35(a) of  the Rules  requires all  broadcast 
          stations to ensure  that EAS  generating and  receiving 
          equipment is  installed  so  that  the  monitoring  and 
          transmitting functions are  available during the  times 
          the  station  is   in  operation.   At   the  time   of 
          inspection, Floyd  County Broadcasting  failed to  have 
          Emergency  Alert   System   equipment   installed   and 
          operating.

     4.   Based on the  evidence before  us, we  find that  Floyd 
          County Broadcasting willfully2 and repeatedly3 violated 
          Section 11.35(a)  by failing  to install  and  maintain 
          operational EAS equipment.  The Commission's Forfeiture 
          Policy Statement and Amendment  of Section 1.80 of  the 
          Rules to Incorporate the Forfeiture Guidelines, 12  FCC 
          Rcd 17087,  17113 (1997),  recon.  denied, 15  FCC  Rcd 
          303(1999) (``Forfeiture Policy Statement'')4, sets  the 
          base forfeiture amount at $8,000 for EAS equipment  not 
          installed or  operational.  In  assessing the  monetary 
          forfeiture  amount,  we  must  take  into  account  the 
          statutory factors set forth in Section 503(b)(2)(D)  of 
          the  Communications  Act  of  1934,  as  amended,  (the 
          ``Act''),5 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.  The  record  reveals 
          that Floyd County  Broadcasting has  previously had  an 
          overall history  of compliance  and showed  good  faith 
          surrounding the violations by the voluntary  disclosure 
          of information;  however, the  violation is  egregious.  
          Applying  the  Forfeiture  Policy  Statement  and   the 
          statutory factors to the instant case and applying  the 
          inflation  adjustments,  we   believe  that  an   eight 
          thousand  dollar   ($8,000)  monetary   forfeiture   is 
          warranted.

                      IV.  Ordering Clauses

     5.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
          503(b) of the Act6 and  Sections 0.111, 0.311 and  1.80 
          of the Rules7, Floyd County Broadcasting Company,  Inc. 
          is hereby  NOTIFIED of  its  APPARENT LIABILITY  FOR  A 
          FORFEITURE in  the  amount of  eight  thousand  dollars 
          ($8,000) for  willfully violating  Section 11.35(a)  of 
          the Rules by  failing to install  and have  operational 
          EAS equipment.

     6.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
          the Rules, within  thirty days of  the release date  of 
          this  NOTICE  OF   APPARENT  LIABILITY,  Floyd   County 
          Broadcasting SHALL PAY the full amount of the  proposed 
          forfeiture or SHALL  FILE a  written statement  seeking 
          reduction or cancellation of the proposed forfeiture.

     7.   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  should  note  the 
          NAL/Acct. No. 200332360001, FRN: 0005-0045-51.

     8.   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. 200332360001, FRN: 0005-00045-51.

     9.   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.

     10.  Requests for payment of the full amount of this  Notice 
          of Apparent Liability 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.  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.

     12.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
          LIABILITY shall  be  sent  by  Certified  Mail,  Return 
          Receipt  Requested,   to  Floyd   County   Broadcasting 
          Company, Inc., P. O. Box 1530, 1428 Highway 80, Martin, 
          Kentucky 41649.



                              FEDERAL COMMUNICATIONS COMMISSION




                              James A. Bridgewater
                              District Director
                              Detroit Office


Attachment A - FCC List of Small Entities, October 2002.



_________________________

                              1
 47 C.F.R.  11.35(a).
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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), 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.

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.