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

In the Matter of                )
                                )       File No. EB-02-DT-397
Melodynamic Broadcasting Corporation    )    
Radio Station WCER              )       NAL/Acct.             No. 
200332360003
Canton, Ohio                    )       
                                )       FRN: 0007-96-0818


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  December 
30, 2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  Melodynamic  Broadcasting  Corporation, 
(?Melodynamic?), licensee of radio station WCER, Canton, Ohio,  has 
apparently   violated   Sections   1.89(b),   11.15,    73.51(d), 
73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 
and   73.1870(b)(3)   of   the   Commission's   Rules   (?Rules?)1.  
Respectively, these sections require that the station respond  to 
Commission communications; maintain a copy of the Emergency Alert 
System  (EAS)  handbook;  maintain  a  record  of  the  dates  of 
commencement  and  termination  of  power  determination  by  the 
indirect method; maintain a record of the efficiency factor F for 
each mode of  operation; make  available the record  of the  most 
recent antenna  impedance  measurements;  monitor  and  establish 
monitoring procedures and schedules to determine compliance  with 
operating power; operate with power not in excess of 105% of  the 
authorized power;  operate  at times,  or  with modes  or  power, 
specified and made a part of the license; and maintain a  written 
designation of the chief operator.  We conclude that  Melodynamic 
is apparently liable  for a  forfeiture in the  amount of  eleven 
thousand dollars ($11,000).

                         II. BACKGROUND

     2.   On April 6, 2000, agents from the Commission's  Detroit 
Office monitored  and made  field strength  measurements of  WCER 
based  on  confidential  complaints  indicating  that  WCER   was 
operating with power  in excess  of that  authorized both  during 
daytime and  nighttime  hours.   On April  7,  2000,  the  agents 
monitored, made  field  strength measurements  and  conducted  an 
inspection of WCER.   The agents found  violations of FCC  Rules, 
including failure  to have  a  copy of  the most  recent  antenna 
impedance measurements, failure to make notations in the  station 
logs indicating  the dates  of  commencement and  termination  of 
measurements using the  indirect method  of power  determination, 
failure to switch to nighttime power at the correct time, failure 
to establish  monitoring procedures  and schedules  to  determine 
compliance with Section 73.1560 regarding operating power  levels 
and AM mode of operation, and failure to maintain a record of the 
value of the efficiency factor F for each mode of operation.

     3.   On June 27, 2000, the Detroit Office issued a Notice of 
Violation (?NOV?) for  eleven rule violations  to Melodynamic,  and 
received a written response, dated  July 12, 2002, which did  not 
adequately address all the violations.

     4.   On  August  7,  2000,  the  Detroit  Office  issued   a 
Continuation of  Notice of  Violation to  Melodynamic  requesting 
additional information regarding eight of the eleven items in the 
Notice of Violation, and received no response.

     5.   On October 30, 2000, the Detroit Office sent a  Warning 
via certified mail for failure to respond to the Continuation  of 
Notice of Violation with a corrected copy of the Continuation  of 
Notice  of  Violation  attached.    The  correction  was  for   a 
typographical error  in  the  spelling  of  ?Continuation?  in  the 
heading only, and again received no response. 

     6.   The   Detroit   Office   received   more   confidential 
complaints indicating that  WCER was continuing  to operate  with 
power in excess of that  authorized during daytime and  nighttime 
hours.  On  June 20,  2002 and  June 21,  2002, agents  from  the 
Detroit Office monitored and made field strength measurements  of 
WCER prior to and after sunset.  During the monitoring periods on 
June 20  and 21,  2002, no  power level  changes occurred  during 
daytime and nighttime operation  modes.  At all times  throughout 
the monitoring period, the  field strength measurements taken  by 
the agents indicated that  WCER was operating  above 105% of  the 
power during daytime and nighttime operation.  

     7.   On June 21, 2002, the agents conducted an inspection of 
WCER.  They made  field strength  measurements at  the same  time 
they  observed  the  transmitter  operating  power.   Using   the 
indirect method  of power  determination, the  agents  determined 
that the station was operating with a transmitter output power of 
approximately 210 % (1053 watts) of the authorized daytime  power 
of 500  watts  and  approximately  1,404%  (1053  watts)  of  the 
authorized nighttime power  of 75 watts.   The station could  not 
produce a record of the efficiency factor F used to determine the 
operating power  for each  mode of  operation.  The  only  record 
available was a general specification sheet from the manufacturer 
indicating an efficiency  factor of  85% or  better.  The  agents 
also determined that  station personnel were  not monitoring  the 
station's operating power.   The station personnel  did not  know 
how to determine  the operating power,  and the preset  nighttime 
and daytime power switches were set for power levels in excess of 
the authorized power levels.  

     8.   As  a  result   of  the   monitoring,  field   strength 
measurements, and inspection of  WCER, the agents found  thirteen 
violations of FCC Rules, including failure to maintain a copy  of 
the Emergency Alert System  (EAS) Operating Handbook, failure  to 
make notations  in  the  station logs  indicating  the  dates  of 
commencement and termination of  measurements using the  indirect 
method of power  determination, failure to  maintain a record  of 
the efficiency factor F  for each mode  of operation, failure  to 
have a copy  of the most  recent antenna impedance  measurements, 
failure to  establish  monitoring  procedures  and  schedules  to 
determine compliance  with  Section 73.1560  regarding  operating 
power levels and AM  mode of operation,  operation with power  in 
excess of 105% of  the authorized power  both during daytime  and 
nighttime operation, failure  to switch to  nighttime power,  and 
failure to designate a chief operator in writing.

     9.   On July 18,  2002, the  FCC's Detroit  Office issued  a 
Notice of  Violation to  Melodynamic for  the thirteen  FCC  Rule 
violations.  The Detroit Office received no reply.  

     10.  On October 3, 2002, the  FCC's Detroit Office issued  a 
Warning via certified mail for failure to reply to the Notice  of 
Violation dated  July 18,  2002.  A  copy of  the July  18,  2002 
Notice of Violation was attached.  The Detroit Office received no 
reply.  

                      III.      DISCUSSION

     11.  Section 1.89(b) of the Rules requires a written  answer 
to a Notice of Violation.  Section 11.15 requires that a copy  of 
the Emergency  Alert  System (EAS)  handbook  be located  at  the 
normal duty position or EAS equipment location.  Section 73.51(d) 
requires that a notation  be made in  the station log  indicating 
the dates of  commencement and termination  of measurement  using 
the indirect method of power determination.  Section  73.51(e)(2) 
requires that a record of the  efficiency factor ?F? for each  mode 
of  operation   be  kept   in  the   station  records.    Section 
73.1225(d)(1) requires that AM stations  must make a copy of  the 
most recent antenna impedance measurements available upon request 
by FCC representatives.  Section 73.1350(c)(1) requires that  the 
licensee establish monitoring  procedures and  schedules for  the 
station to comply with Section 73.1560 regarding operating  power 
and AM mode of operation.  Section 73.1560(a)(1) requires that  a 
station not operate in  excess of 105%  of the authorized  power.  
Section 73.1745 requires that the  station not operate at  times, 
or with modes or power other than those specified and made a part 
of  the  license.   Section   73.1870(b)(3)  requires  that   the 
designation of the  chief operator  be in writing  and be  posted 
with the station license.

     12.  Based  on  the  evidence   before  us,  we  find   that 
Melodynamic willfully1 and  repeatedly2 violated Section  1.89(b) 
for failure  to respond  to Commission  communications;  Sections 
11.15, 73.51(d),  73.51(e)(2), 73.1225(d)(1),  and  73.1870(b)(3) 
for failure to maintain required records;  Section  73.1350(c)(1) 
for failure  to make  required measurements  or conduct  required 
monitoring  regarding operating power  and AM mode of  operation; 
and Sections 73.1560(a)(1) and  73.1745 for operating with  power 
in excess  of 105%  of the  authorized power  during daytime  and 
nighttime  operation.    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?)3, sets  the  base  forfeiture  amount  at  $4,000  for 
failure to  respond  to  Commission  communications,  $1,000  for 
failing to maintain required records, $2,000 for failure to  make 
required measurements or conduct required monitoring, and  $4,000 
for exceeding power limits.  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 1934,4  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.   The 
record reveals that Melodynamic has a history of  non-compliance, 
including a repeat of these violations from prior inspections and 
the violations  are egregious.   Applying the  Forfeiture  Policy 
Statement and  the  statutory factors  to  the instant  case  and 
applying the  inflation adjustments,  we believe  that an  eleven 
thousand dollar ($11,000) monetary forfeiture is warranted.

                      IV. ORDERING CLAUSES

     13.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 
Rules5, Melodynamic Broadcasting  Corporation is hereby  NOTIFIED 
of its  APPARENT LIABILITY  FOR  A FORFEITURE  in the  amount  of 
eleven  thousand  dollars  ($11,000)  for  willful  and  repeated 
violation of  Sections  1.89(b),  11.15,  73.51(d),  73.51(e)(2), 
73.1225(d)(1),   73.1350(c)(1),   73.1560(a)(1),   73.1745    and 
73.1870(b)(3) of the Rules.

     14.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,  within thirty (30)  days of the  release 
date of this NOTICE OF APPARENT LIABILITY, Melodynamic SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     15.  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. 200332360003, FRN: 0007-96-0818.

     16.  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.  200332360003,  FRN: 
0007-96-0818.

     17.  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.

     18.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.6 

     19.  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  and Public  Safety 
Division, Enforcement Bureau, Federal Communications  Commission, 
445 12th Street S.W., Washington, D.C. 20554.  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 any questions regarding any of the information contained  in 
Attachment A, please contact OCBO at (202) 418-0990

     20.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY shall be sent by First Class and Certified Mail, Return 
Receipt Requested, to Melodynamic Broadcasting Corporation,  4537 
22nd Street NW, Canton, Ohio  44708.



                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit    Office,    Enforcement 
                                Bureau


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

1 47 C.F.R.  1.89(b), 11.15, 73.51(d), 73.51(e)(2), 
73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 
73.1870(b)(3)
1 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).
2 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.
347 C.F.R.  1.80.
4 47 U.S.C.  503(b)(2)(D).
5 47 C.F.R.  0.111, and 0.311.
6 See 47 C.F.R.  1.1914.