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


In the Matter of                   )
                                                            )
NRS Enterprises, Inc.              )     File Number EB-02-AT-329
                                  )
Owner of  Unregistered Antenna     )    NAL/Acct. No.200332480004
Structure located at 35 20' 36''  )
North Latitude by 086 12' 00''    )             FRN 0000-0394-46 
West Longitude in  Tullahoma,     )
Tennessee                         )

Tullahoma, 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 NRS Enterprises, Inc.
(``NRS''), owner of the  antenna structure located in  Tullahoma, 
Tennessee, apparently liable for a
forfeiture in the amount of  three thousand dollars ($3,000)  for 
willful and repeated violation of Section
17.4(a) of the Commission's Rules (``Rules'').1  Specifically, we 
find NRS apparently  liable for failing  to register its  antenna 
structure.

                         II.  BACKGROUND

     2.   On April 7,  1999, an  agent from  the FCC  Enforcement 
Bureau's Atlanta Office (``Atlanta
Office'') inspected  the antenna  structure located  at  licensed 
geographical coordinates  35  20' 36''N  /  086 12'  00''W  and 
belonging to NRS Enterprises, Inc,  licensee of AM radio  station 
WJIG in Tullahoma,
Tennessee.  A Notice of Violation (``NOV'') was issued to NRS  on 
April 9, 1999 for failure to register its antenna structure. 

     3.   On April 20, 1999, the Atlanta Office received a  reply 
to  the  NOV  from  WJIG   indicating  they  ordered  the   tower 
registration form from the FCC and would submit it when received.  
In a letter dated April 20, 1999, WJIG stated that they  obtained 
and submitted the antenna registration form and would display the 
registration number at the tower structure when it was received.

     4.   On July  29,  2002, the  Commission's  Atlanta   Office 
received a report of an unlit antenna
structure in Tullahoma, Tennessee belonging to AM radio broadcast 
station WJIG.  The  Commission's Antenna  Structure  Registration 
database showed  no registered  antenna structures  within a  two 
mile radius  of the  licensed  geographical coordinates  35  20' 
36''N / 086 12' 00''W for radio station WJIG, nor any structures 
registered to NRS. 


       5.      On August  25, 2002,  an  agent from  the  Atlanta 
          Office inspected the tower structure located
at licensed geographical  coordinates 35  20' 36''N  / 086  12' 
00''W and belonging to NRS Enterprises, Inc, licensee of AM radio 
station WJIG in Tullahoma, Tennessee.   The tower lights were  in 
operation but the antenna  structure registration number was  not 
found at or near the tower structure.  Still on August 25,  2002, 
the agent conducted an inspection of AM radio station WJIG and no 
tower registration certificate could be produced. 
     
     6.   On September 27, 2002, WJIG  faxed a copy of the  tower 
       registration form they state was
sent to the FCC in April 1999 but WJIG failed to provide a  tower 
registration certificate.  In addition, the registration form was 
missing evidence of an  FAA study which  is required for  antenna 
structure registration.

     7.   On November  5,  2002,  a search  of  the  Commission's 
       Antenna Structure Registration
database  still  indicated   no  registered  antenna   supporting 
structure within a two mile  radius of the licensed  geographical 
coordinates 35  20' 36''N  / 086  12' 00''W  for radio  station 
WJIG, nor  any antenna  supporting  structure registered  to  NRS 
Enterprises, Inc.


                        III.  DISCUSSION

     8.   Section 17.4(a) of the  Rules provides that,  effective 
       July 1, 1996, owners of any existing
antenna structures  that  require  notification  to  the  Federal 
Aviation Administration  (``FAA'')  must register  the  structure 
with the Commission.   Section 17.4(a)(2) of  the Rules  provides 
that, effective July 1, 1998, owners of an antenna structure that 
had been assigned painting or lighting requirements prior to July 
1, 1996, must register the  structure with the Commission.  NRS's 
antenna structure required  notification to the  FAA because  the 
structure exceeded 200 feet in height.2 Therefore, NRS's  antenna 
structure required Commission registration.  From at least  April 
7, 1999, to November 4, 2002, NRS failed to register its  antenna 
structure with the Commission.

     9.   Based on the evidence before us, we find NRS willfully3 
       and repeatedly4 violated Section
17.4(a)  of  the  Rules  by  failing  to  register  its   antenna 
supporting structure.

     10.  Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
       forfeiture amount for failure to file
required  forms  or   information  (i.e.  failure   to  file   an 
application for  antenna structure  registration) is  $3,000.  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.6  Considering  the 
entire record and  applying the factors  listed above, this  case 
warrants a $3,000 forfeiture.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
       503(b) of the Act,7 and Sections
0.111, 0.311 and  1.80 of  the Rules,8 NRS  Enterprises, Inc.  is 
hereby NOTIFIED of  this APPARENT LIABILITY  FOR A FORFEITURE  in 
the amount of  three thousand  dollars ($3,000)  for willful  and 
repeated violation of Section 17.4(a) of the Rules by failing  to 
register its antenna supporting structure.

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

     13.  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. 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. 20554.9

     14.  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. referenced above.  

     15.  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.  

     16.  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.

     17.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
       sent by regular mail and
Certified Mail Return Receipt Requested to NRS Enterprises, Inc., 
607 E. Carroll Street, Tullahoma, Tennessee  37388.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau
Attachment
_________________________

1 47 C.F.R.  17.4(a).

2 See 47 C.F.R.  17.7(a).

3 Section 312(f)(1) of the Communications Act of 1934, as amended 
(``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).

4 The 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.''  47 U.S.C.  
312(f)(2).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

747 U.S.C.  503(b). 

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.