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



In the Matter of                   )
                                                            )
East Tennessee Radio Group, L.P.   )
                                  )   File Number EB-02-AT-231
Owner of Antenna Structure         )
Registration No. 1063413 in        )  NAL/Acct. No.200232480010
Sevierville, Tennessee             )
                                  )           FRN 0005-0880-67
Dalton, Georgia                    )


           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 East Tennessee Radio Group, L.P. (``East  Tennessee''), 
owner of antenna structure no. 1063413 in Sevierville, Tennessee, 
willfully  violated   Sections   17.4(g),  and   17.57   of   the 
Commission's  Rules  (``Rules''),1  by  failing  to  display  the 
Antenna Structure Registration (``ASR'')  number, and failing  to 
notify the Commission of a change in ownership of the  structure.  
We find East  Tennessee Radio Group,  L.P. apparently liable  for 
forfeiture in the amount of five thousand dollars ($5,000).

                         II.  BACKGROUND

     2.   On May  15,  2002,  an agent  of  the  FCC  Enforcement 
Bureau's Atlanta Field Office (``Atlanta Office'') inspected  the 
antenna structure of  WSEV(AM) in  Sevierville, Tennessee.2   The 
agent observed no posting of the ASR number on or near the tower, 
its fence, building, gate, or anywhere on the property.

     3.   On May  15, 2002,  the  agent inspected  radio  station 
WSEV(AM) at  its studios  in Sevierville,  Tennessee.  The  agent 
advised East Tennessee  that the  antenna structure  registration 
number was not  posted.  The agent  subsequently interviewed  the 
station's chief engineer who stated that the ASR posting had been 
vandalized some time ago and had not been reposted.  FCC  records 
indicated that the owner of  the antenna structure was  Dollywood 
Broadcasting.  However,  East Tennessee  advised the  agent  that 
they are the owners of  the antenna structure and that  Dollywood 
Broadcasting was the previous owner of the antenna structure.

                        III.  DISCUSSION

     4.   Section 17.4(g) of the Rules requires the ASR Number be 
displayed in a conspicuous  place so that  it is readily  visible 
near the base  of the antenna  structure.  The antenna  structure 
was observed  on May  15, 2002,  and no  ASR number  was  posted.  
Section 17.57  of the  Rules requires  the owner  to  immediately 
notify the  Commission using  FCC  Form 854  upon any  change  in 
ownership.  Commission records  reflect the structure's  previous 
owner.

     5.   Based on the evidence before us, we find East Tennessee 
willfully3 violated Sections 17.4(g), and  17.57 of the Rules  by 
failing to post the ASR number  and failing to report changes  in 
structure ownership. 

     6.   Pursuant to Section 1.80(b)(4) of the  Rules,4 the base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information (e.g., failure to notify  the Commission of a  change 
in ownership information) is $3,000.  The Rules do not  establish 
a  base  forfeiture  amount  for  failure  to  post  the  antenna 
structure registration number.5   The Commission has  determined, 
however, that an appropriate  base forfeiture amount for  failure 
to post the ASR  number is $2,000  per violation.6  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  $5,000 
forfeiture.


                      IV.  ORDERING CLAUSES

     7.   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 East Tennessee  Radio Group, L.P.  is hereby NOTIFIED  of 
its APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  five 
thousand dollars  ($5,000)  for  willful  violation  of  Sections 
17.4(g) and 17.57 of the Rules, by failing to display the Antenna 
Structure  Registration  number,  and   failing  to  notify   the 
Commission of a change in ownership of the structure.

     8.   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, East  Tennessee Radio  Group, 
L.P. SHALL  PAY the  full amount  of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     9.   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. 20554.10

     10.  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.  

     11.  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.  

     12.   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  East Tennessee  Radio  Group, 
L.P.,  P. O. Box 1284, Dalton, GA 37862.




                         FEDERAL COMMUNICATIONS COMMISSION



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

1 47 C.F.R  17.4(g), and 17.57.

2 East Tennessee is the licensee of radio station WSEV(AM) as 
well as owner of the antenna structure.

3 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).

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

5 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``... any omission of a specific 
rule violation from the ... [forfeiture guidelines] ... should 
not signal that the Commission considers any unlisted violation 
as nonexistent or unimportant.  Forfeiture Policy Statement, 12 
FCC Rcd at 17099.  The Commission retains the discretion, 
moreover, to depart from the Forfeiture Policy Statement and 
issue forfeitures on a case?by?case basis, under its general 
forfeiture authority contained in Section 503 of the Act.  Id.

6 American Tower Corporation, 16 FCC Rcd 1282 (2001).

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.