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



In the Matter of                   )
                                                            )
Monroe Area Broadcasters, Inc.     )
                                  )   File Number EB-02-AT-092
Licensee of AM Radio Station WRKQ  )
                                  )   NAL/Acct. No.20023248009
Madisonville, Tennessee            )
                                  )           FRN 0003-7200-59
                                  )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June  27, 
2002 

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Monroe Area  Broadcasters, Inc. (``Monroe''),  licensee 
of AM radio  station WRKQ at  Madisonville, Tennessee,  willfully 
and repeatedly violated  Sections 73.1745(a), 73.1201(a)(2),  and 
73.44(b) of  the Commission's  Rules (``Rules''),1  by  operating 
with daytime power at night,  failing to identify the station  by 
call sign,  and failing  to sufficiently  attenuate  transmission 
system emissions by the amount  prescribed in the Rules. We  find 
Monroe Area Broadcasters, Inc.  apparently liable for  forfeiture 
in the amount of nine thousand dollars ($9,000).

                         II.  BACKGROUND

     2.   On March 21, 2002, the FCC Enforcement Bureau's Atlanta 
Field  Office  (``Atlanta   Office'')  received  two   complaints 
alleging  that  WRKQ  was  not  reducing  power  at  sunset,  not 
identifying by call sign, and that the station's transmitter  had 
spurious emissions which  were interfering  with other  stations, 
including the reception of WWV on 2.5 MHz.  WRKQ is assigned  the 
frequency 1250  kHz.  Its  second harmonic  of 2.5  MHz falls  on 
WWV's authorized frequency of 2.5 MHz.

     3.   On May  14,  2002, an  agent  from the  Atlanta  Office 
monitored WRKQ's  signal.  Field strength  measurements  revealed 
that WRKQ  did not  reduce power  at sunset  as required  by  the 
station authorization.  WRKQ remained at daytime power all night.  
Local sunset  is 8:30  pm EDT  in May.   Also, spectrum  analyzer 
measurements of WRKQ's second harmonic  on 2.5 MHz revealed  that 
it was attenuated 55 dB below the unmodulated carrier level.  The 
Rules require attenuation of 70 dB for a 500-watt station.   WRKQ 
also failed to identify  by call sign between  7:00 and 10:00  pm 
EDT.

     4.   On May  15,  2002,  the agent  again  monitored  WRKQ's 
signal. Field strength  measurements revealed that  WRKQ did  not 
reduce power at sunset as required by the station  authorization.  
WRKQ  remained  at  daytime  power  all  night.  Again,  spectrum 
analyzer measurements  of  WRKQ's  second  harmonic  on  2.5  MHz 
revealed that  it  was attenuated  55  dB below  the  unmodulated 
carrier level.

     5.     On May  16, 2002, the  agent inspected radio  station 
WRKQ.  Monroe's  operator  on  duty admitted  to  operating  with 
daytime power all  night, stated  that the  station had  received 
verbal authority from the  FCC to do so,  but had never  received 
any written authorization.  The  agent advised the operator  that 
the transmitter's second harmonic  was not adequately  attenuated 
and that the station had failed to identify by call sign during a 
three-hour period on May 14, 2002.


                        III.  DISCUSSION

     6.   Section  73.1745(a)  of  the   Rules  states  that   no 
broadcast station shall operate at times, or with modes or power, 
other than those specified  and made part  of the license.   WRKQ 
operated with daytime power all night on May 14 and May 15, 2002.  
Section 73.1201(a)(2) of the  Rules requires broadcast  licensees 
to identify the station hourly by call sign, as close to the hour 
as possible, at a  natural break in  programming. WRKQ failed  to 
identify by call sign from 7:00 to 10:00 PM EDT on May 14,  2002.  
Section 73.44(b) requires that the  emissions of an AM  broadcast 
station that are removed by more than 75 kHz from the carrier  be 
attenuated at least 43  + 10 Log(Power in  watts) or 80 dB  below 
the  unmodulated   carrier  level,   whichever  is   the   lesser 
attenuation.  On May 14 and  15, 2002, WRKQ's second harmonic  on 
2.5 MHz was attenuated only  55 dB below the unmodulated  carrier 
level.  Previously, on June 4, 1998, the Atlanta Office issued to 
Monroe an  Official  Notice  of  Violation  citing  violation  of 
Section 73.44(b) as a result of Monroe's failure to attenuate its 
second harmonic emissions.

     7.   Based  on  the  evidence  before  us,  we  find  Monroe 
willfully2  and   repeatedly3   violated   Sections   73.1745(a), 
73.1201(a), and 73.44(b) of the  Rules by operating with  daytime 
power at night, failing to identify the station by call sign, and 
failing to attenuate transmission system emissions by the  amount 
prescribed in the Rules.  

     8.   Pursuant to Section 1.80(b)(4) of the  Rules,4 the base 
forfeiture amount for exceeding  power limits is $4,000,  failure 
to identify is $1,000, and  unauthorized emissions 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.5   Considering  the 
entire record and  applying the factors  listed above, this  case 
warrants a $9,000 forfeiture.


                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Monroe Area Broadcaster, Inc.  is hereby NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  nine 
thousand dollars ($9,000) for  willful and repeated violation  of 
Sections 73.1745(a), 73.1201(a)(2), and 73.44(b) of the Rules, by 
operating with daytime  power at night,  failing to identify  the 
station by  call  sign,  and  failing  to  attenuate  the  second 
harmonic by the amount  prescribed in the  Rules.  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, Monroe  Area Broadcasters,  Inc.  SHALL PAY  the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     10.  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,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8

     11.  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.  

     12.  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.  

     13.   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 Monroe Area Broadcasters,  Inc., 
P. O. Box 489, Madisonville, TN 37354.   




                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau

_________________________

1 47 C.F.R  73.1745(a), 73.1201(a)(2), and 73.44(b).

2 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).

3 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).

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

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

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

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.