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


In the Matter of                )            
                                )       File No. EB-02-CF-569
                                )
MRJ, Inc.                       )       NAL/Acct.             No. 
200332340002
WWYO                            )       
Pineville, West Virginia        )       FRN: 0005-9955-50 


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  December 
26, 2002

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that MRJ, Inc (``MRJ'') has apparently  violated 
Sections  11.52(a),   17.4,   73.49,  and   73.3526(c)   of   the 
Commission's Rules1 (``Rules''), by failing to conduct weekly EAS 
tests of the EAS header and EOM codes, by failing to register its 
antenna structure with the Commission, failing to enclose the  AM 
antenna in an effective locked fence, and failing to allow access 
to  the  public  inspection  file.   We  conclude  that  MRJ   is 
apparently liable for a  forfeiture in the  amount of twenty  two 
thousand dollars ($22,000).

                         II.  BACKGROUND

     2.   On August  14, 2002,  an  agent from  the  Commission's 
Columbia, Maryland  office  conducted an  inspection  of  station 
WWYO, Pineville,  West Virginia  for compliance  with FCC  Rules.  
The agent observed that the station did not have an EAS operating 
handbook, had not conducted  weekly tests of  the EAS header  and 
EOM codes during the period June 18, 2002 to August 13, 2002, did 
not monitor  two  EAS sources,  failed  to register  the  antenna 
structure, failed to enclose the  antenna in an effective  locked 
fence, failed to maintain the carrier frequency within tolerance, 
failed to have the chief  operator review the station records  as 
least once per  week, and failed  to allow access  to the  public 
inspection file. 

     3.   On August 27, 2002, the Columbia Office issued a Notice 
of Violation to  MRJ for violation  of Sections 11.15,  11.52(a), 
11.52(d), 17.4, 73.49, 73.1545(a), 73.1870(c)(3), and  73.3526(c) 
of the Rules2.   In reply  by fax  dated September  5, 2002,  MRJ 
stated that they  were going to  have a consultant  fill out  the 
antenna registration  form,  a  contractor had  reset  the  fence 
posts, and the licensee stated the public inspection file was  in 
a publicly accessible location. 

     4.   On September  20, 2002,  the Columbia  Office issued  a 
Continuation of Notice of Violation (``Continuation'') to MRJ for 
Sections  11.52(d),  17.4,   73.49,  and   73.1545(a).   In   the 
Continuation, the Columbia Office required further  clarification 
of the actions  taken to  correct the violations  for failing  to 
monitor two EAS sources, failure to register the antenna, failure 
to enclose the antenna in an effective locked fence, and  failure 
to  maintain  the  carrier   frequency  within  tolerance.    MRJ 
adequately addressed corrective action of the other violations in 
its reply of September 5, 2002.

     5.   On September 30, 2002, MRJ replied to the  Continuation 
of Notice of Violation.   In the reply, MRJ  stated that the  EAS 
equipment was back on  line, a contract to  repair the fence  and 
gate had been let, the FAA  form 7460-1 was being completed,  and 
the frequency tolerance problem was being worked on.

                         III DISCUSSION

     6.   Section 11.52(a) of the  Rules requires that  broadcast 
stations perform weekly tests  of the EAS  header and EOM  codes.  
The agent could not find any record to indicate that the required 
weekly tests of the EAS header  and EOM codes had been  performed 
during the period June 18, 2002 to August 13, 2002.

     7.   Section 17.4 of the  Rules requires antenna  structures 
that  are  over  200  feet  in  height  be  registered  with  the 
Commission.  As of the release date  of this notice, MRJ has  not 
registered the 331-foot antenna structure.

     8.   Section 73.49 of the Rules requires that antennas  that 
have radio frequency potential (voltage) at the base of the tower 
must be  enclosed   within an  effective  locked fence  or  other 
enclosure to protect the public.  The agent found that the  metal 
poles supporting the fence gate  were rusted off at ground  level 
and  unable  to  provide  adequate  support  for  the  gate.   In 
addition, the top half of the  gate had the wire mesh drawn  back 
allowing access to the base of the tower, making the base of  the 
tower a safety hazard to the public.

     9.   Section 73.3526(c)  of  the  rules  requires  that  the 
public inspection file be available for public inspection at  any 
time during  normal  business  hours.   At  the  inspection,  the 
station personnel were unable to produce the public file.

     10.  Based on  the  evidence before  us,  we find  that  MRJ 
willfully3 and repeatedly4 violated Section 11.52(a) of the Rules 
by failing to conduct weekly EAS tests during the period  June18, 
2002 to August 13, 2002, and Sections 17.4, 73.49 and  73,3526(a) 
of the  Rules  by  failing to  register  its  antenna  structure, 
failing to enclose the antenna  structure in an effective  locked 
fence and  failing to  provide access  to the  public  inspection 
file.  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'')5, sets the  base 
forfeiture  amounts  at  $2,000  for  failure  to  make  required 
measurements or  conduct  required monitoring  (e.g.  failure  to 
conduct weekly  EAS  tests),  $3,000  for  failure  to  file  the 
required forms  or  information  (e.g. failure  to  register  the 
antenna structure), $7,000 for failure to enclose the AM  antenna 
in an effective locked  fence, and $10,000  for violation of  the 
public file rules.  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 (``Act''), 
as amended,6 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.  Applying the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a twenty two  thousand dollar ($22,000) monetary  forfeiture 
is warranted.  

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,8 MRJ is hereby NOTIFIED  of this APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of twenty two thousand dollars ($22,000) 
for willfully  violating  Sections  11.52(a),  17.4,  73.49,  and 
73.3526(c) of the Rules.

     12.  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, MRJ  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. 200332340002, and FRN 0005-9955-50. 

     14.  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. 200332340002. 

     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.  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. 20554.9

     17.  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.   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.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  MRJ, Inc., P.O.  Box 647, Bluefield,  West 
Virginia 24701.


                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office

_________________________

1 47 C.F.R.  11.52(a), 17.4, 73.49 and 73.3526(c).

2 47 C.F.R.  11.15, 11.52(d), 73.1545(a), 73.1870(c)(3).

3 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).

4 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.

5 47 C.F.R.  1.80.

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

7 47 U.S.C.  503(b).

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

9 See 47 C.F.R.  1.1914.