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

In the Matter of                   )
                                                            )
Atlantic Beach Radio, Inc.         )   File Number EB-02-AT-071
Licensee of  Radio Station         )  NAL/Acct. No.200232480007
WMIR(AM),                          )           FRN 0006-1248-87
Atlantic Beach, SC


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June  24, 
2002 

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Atlantic Beach Radio, Inc. (``Atlantic''), licensee  of 
Radio Station WMIR(AM), Atlantic Beach, South Carolina, willfully 
and  repeatedly  violated  Sections  11.35  and  73.1745  of  the 
Commission's  Rules   (``Rules''),1   by  failing   to   maintain 
operational Emergency  Alert System  (``EAS'') equipment  and  by 
operating with excessive power at night in violation of the terms 
of station  authorization. We  find  Atlantic Beach  Radio,  Inc. 
apparently liable for forfeiture in the amount of twelve thousand 
dollars ($12,000).

                         II.  BACKGROUND

     2.   On May 6 and 7, 2002,  an agent of the FCC  Enforcement 
Bureau's Atlanta Office (``Atlanta Office'') monitored WMIR(AM)'s 
signal  from  before  sunset,  through  sundown,  and  into   the 
nighttime hours.  The agent conducted field strength measurements 
of the station's  signal during this  time period and  determined 
that WMIR(AM) failed  to reduce power  to its licensed  nighttime 
power of 11 watts at  sunset, 8:15 p.m. eastern daylight  savings 
time and  remained on  daytime power  (6.5 kilowatts)  throughout 
nighttime hours.

     3.   On May 8, 2002, the  agent inspected the EAS system  of 
WMIR(AM).  The inspection  was conducted with  Mr. Reggie  Dyson, 
Station Manager.  Mr. Dyson showed the agent a Gorman Redlich EAS 
encoder/decoder in  the studio,  however  the equipment  was  not 
hooked up  and there  were no  receivers connected  to the  unit.  
There were  no EAS  logs to  demonstrate that  the EAS  unit  had 
recently been  taken out  of  service for  repairs or  any  other 
evidence  that  the  EAS  unit   had  ever  been  installed   and 
operational.  Mr. Dyson said that the station had been sharing an 
EAS unit with the station WKVC(FM), North Myrtle Beach, SC,  with 
studios located in the same building.   Mr. Dyson had no logs  to 
corroborate his statements. 

     4.   Still on May 8, 2002,  during the same inspection,  the 
agent notified Mr. Dyson  that he observed  that the station  did 
not reduce power on the evenings of May 6 and 7, 2002.  Mr. Dyson 
stated  that  the  transmitter  was  on  a  timer  and  that  the 
transmitter  should  have   powered  down   to  nighttime   power 
automatically.  Mr. Dyson  stated that the  station engineer  was 
out of town, however, he would make sure he was notified and  get 
instructions on how to reduce the station's power.

     5.   Still  on  the  evening  of  May  8,  2002,  the  agent 
conducted  field  strength  measurements  and  determined   that, 
although the  station  had reduced  power  at local  sunset,  the 
station's power level far exceeded  the 11 watts nighttime  power 
that the station was authorized.  

     6.   During the week of May  15 through 21, 2002, the  agent 
held telephone  conversations with  WMIR(AM)'s station  engineer.  
The engineer stated  that WMIR(AM)  shared a Sage  EAS unit  with 
another station, WKVC(FM), located in the same building.  He said 
that the Sage unit was removed  from the WKVC(FM) studio about  a 
month prior to the agent's inspection and the unconnected  Gorman 
Redlich EAS  unit  the  agent  found  in  WMIR(AM)'s  studio  was 
purchased at that time.

     7.   During the same  telephone conversations, the  engineer 
stated that he discovered that the automatic control unit used to 
power down the station  at sunset had  been damaged resulting  in 
the station's failure to  reduce power on the  evenings of May  6 
and 7, 2002 and remaining on full daytime power.  He also  stated 
that the failure to fully reduce  power on the evening of May  8, 
2002 was due to operator error. 

                        III.  DISCUSSION

     8.   Section 11.35  of  the Rules  requires  that  broadcast 
stations  maintain   operational  EAS   encoders,  decoders   and 
attention signal generating equipment and receiving equipment  so 
that monitoring and transmitting  functions are available  during 
times the stations are in operation.  On May 8, 2002, the  Gorman 
Redlich EAS unit at the WMIR(AM)'s studio was not operational and 
there were no EAS logs to  demonstrate that the station had  ever 
had operational EAS equipment or that the EAS equipment had  been 
taken out of  service for  repair.2  Atlantic  admitted that  the 
station had purchased, but not installed, EAS equipment about one 
month prior to the inspection.

     9.   Section 11.51(j) of the Rules states that ``[b]roadcast 
stations, and cable systems and  wireless cable systems that  are 
co-owned  and  co-located  with  a  combined  studio  or  control 
facility, (such as an AM and  FM licensed to the same entity  and 
at the same  location or a  cable headend serving  more than  one 
system) may provide the  EAS transmitting requirements  contained 
in this section  for the  combined stations or  cable systems  or 
wireless cable  systems with  one  EAS Encoder.''   Although  the 
station manager and  engineer stated that  WMIR(AM) had shared  a 
Sage EAS unit with  WKVC(FM) up to a  month prior to  inspection, 
Commission records indicate  that the stations  are not  co-owned 
and are not licensed to the same community.  Moreover, there  was 
no evidence that the  stations had a  combined studio or  control 
facility and there were no logs to demonstrate that WMIR(AM)  had 
ever sent or received an EAS test or alert.

     10.  Section  73.1745  of  the  Rules  states  that   ``[n]o 
broadcast station shall operate at times, or with modes or power, 
other than those specified and made a part of the license, unless 
otherwise provided  in this  part.''  WMIR(AM)  failed to  reduce 
power to nighttime power  and remained on  full daytime power  on 
the evenings of May 6 and 7, 2002.  Still, on May 8, 2002,  after 
being verbally  warned  about the  failure  to reduce  power  the 
previous  two  evenings,   the  station  reduced   power  to   an 
intermediate power level, but it never fully reduced power to the 
licensed power of 11 watts.  Although the failure to reduce power 
on two evenings was reportedly due to equipment failure and  then 
on  the  third   evening  operator   error,  it   is  still   the 
responsibility of licensees to  ensure proper station  operation.  
It is also  the licensee responsibility  to establish  monitoring 
procedures, routinely inspect any automatic transmission  control 
equipment, train operating personnel to properly make transmitter 
adjustments and maintain pertinent station logs.3

     11.  Based on the evidence before us, we find that  Atlantic 
Beach Radio, Inc. willfully4 violated Sections 11.35 and  73.1745 
of the Rules by failing to maintain operational EAS equipment and 
by operating  with  excessive  power during  nighttime  hours  in 
violation  of  the   terms  of   station  authorization.    These 
violations are repeated5 in that  they occurred on more than  one 
day.

     12.  Pursuant to Section 1.80(b)(4) of the Rules,6 the  base 
forfeiture  amount  for  failure  to  maintain  operational   EAS 
equipment is $8,000,  and for operation  with excessive power  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.7  Considering 
the entire record  and applying  the factors  listed above,  this 
case warrants a $12,000 forfeiture.

                      IV.  ORDERING CLAUSES

     13.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Atlantic  Beach Radio,  Inc. is  hereby NOTIFIED  of  its 
APPARENT LIABILITY  FOR  A FORFEITURE  in  the amount  of  twelve 
thousand dollars ($12,000) for willful and repeated violation  of 
Sections 11.35 and 73.1745 of  the Rules, by failing to  maintain 
operational  EAS  equipment  and  failing  to  reduce  power   to 
nighttime  power   in  violation   of   the  terms   of   station 
authorization.

     14.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this Notice  Of Apparent  Liability, Atlantic  Beach Radio,  Inc. 
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. and FRN referenced above.  Requests for payment  of 
the full amount  of this  Notice of Apparent  Liability under  an 
installment plan  should  be  sent to:  Chief,  Credit  and  Debt 
Management  Center,  445  12th  Street,  S.W.,  Washington,  D.C. 
20554.10

     16.  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.  

     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.   IT IS FURTHER  ORDERED THAT a copy  of this Notice  Of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested to Atlantic Beach Radio, Inc.,  c/o 
Putbrese, Hunsaker & Trent, P.O. Box 217, Sterling, VA 20167.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office
_________________________

1 47 C.F.R  11.35 and 73.1745.

2 See 47 C.F.R.  11.35(a)-(b).

3 See 47 C.F.R.  73.1350 and 73.1400.

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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).

5 The term ``repeated'' means the commission or omission of an 
act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C.  312(f)(2).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.