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


In the Matter of                   )     File Number EB-02-AT-243
                                                            )
Lighthouse Broadcasting            )    NAL/Acct. No.200232480014
Licensee of WBIC(AM) in Royston,   )
Georgia                            )             FRN 0007-3941-09
Canon, Georgia                     )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: July 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find Lighthouse  Broadcasting, licensee  of  radio 
station WBIC(AM),  Royston,  Georgia,  apparently  liable  for  a 
forfeiture in the amount of twelve thousand dollars ($12,000) for 
willful and repeated violation  of Sections 11.35(a) and  73.1745 
of the Commission's  Rules (``Rules'').1   Specifically, we  find 
Lighthouse Broadcasting apparently liable for failing to maintain 
operational  Emergency  Alert  System  (``EAS'')  equipment   and 
operating with excessive power during post sunset hours and  then 
failing to discontinue operation at night. 

                         II.  BACKGROUND

     2.   On June  18,  2002, an  agent  of the  FCC  Enforcement 
Bureau's Atlanta  Field  Office  (``Atlanta  Office'')  monitored 
WBIC(AM)'s signal from before  sunset, through sundown, and  into 
the nighttime hours until 11  p.m. Eastern Daylight Savings  Time 
(``EDT'') when  the station  discontinued operation.   The  agent 
conducted field  strength measurements  of the  station's  signal 
during this time  period and determined  that WBIC(AM) failed  to 
reduce power in  accordance with  its post  sunset authority  and 
failed to discontinue operation at  10:45 p.m. EDT in  accordance 
with its station authorization.2

     3.   On June 19, 2002, the agent monitored WBIC(AM)'s signal 
and conducted field strength measurements and determined that the 
station again failed to reduce power according to its post sunset 
authority and discontinue operation at 10:45 p.m. EDT.  The agent 
noted that, although the station signed off the air at 11:23 p.m. 
EDT, the  station continued  to transmit  an unmodulated  carrier 
until at least midnight.

     4.   On June 20,  2002, the agent  inspected WBIC(AM)'s  EAS 
system.  The inspection was conducted with Louis Hawkins, general 
manager.  At  the inspection,  the EAS  encoder/decoder unit  was 
turned on,  but station  staff  could not  demonstrate  equipment 
operation.  Mr. Hawkins provided  invoices indicating that a  new 
EAS power supply was ordered on May 9, 2002, and installed on May 
16, 2002, but there was no evidence that any tests or alerts  had 
been received or  sent since that  date.  There were  no logs  or 
other evidence  to  indicate  that  the unit  had  ever  been  in 
operation and no log entries  indicating that the unit was  taken 
out of service.  The agent also  found that the unit appeared  to 
be incapable  of receiving  two  EAS sources.   Furthermore,  the 
engineer indicated in the May 16, 2002, invoice for  installation 
of the power supply,  that reception was ``very  poor on the  two 
monitored stations'' and that  ``better receivers and an  outside 
antenna'' should be installed.

     5.   On July 8, 2002, the Atlanta Office received a copy  of 
a report dated July 5, 2002, written by WBIC's contract engineer.  
The report indicated  that two new  FM receivers were  installed, 
but that  there  was  still  an apparent  problem  with  the  EAS 
encoder/decoder and that it  was being taken  out of service  for 
further trouble shooting or repair.

     6.   On July  9, 2002,  the agent  interviewed by  telephone 
WBIC's owner, Mr.  Joseph Hood of  Lighthouse Broadcasting.   Mr. 
Hood admitted that the  EAS unit had  been broken several  months 
prior to when Mr. Hawkins,  the new general manager, had  started 
employment at the station in May, 2002, but Mr. Hood said that he 
could not afford to have the unit repaired.  He did not have  any 
logs or other evidence  to indicate that the  unit had ever  been 
operational or  that the  EAS  equipment had  been taken  out  of 
service for repair.

                        III.  DISCUSSION

     7.   Section 11.35(a) 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  June  20,   2002, 
WBIC(AM)'s EAS unit was not functional.  Although there had  been 
recent  attempts  at  repairing  the   EAS  unit  prior  to   the 
inspection, there was no evidence or logs that the unit had  been 
functional at any time, nor were there log entries indicating the 
equipment was under repair.3  The station owner admitted that the 
EAS equipment had  been non-operational since  at least prior  to 
May, 2002.

     8.   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.''  WBIC(AM)'s license authorizes 
daytime-only operation and  the station  must either  discontinue 
operation at  sunset  or  reduce  power  to  the  minimal  levels 
specified in its  post sunset authority  at the times  indicated.  
WBIC(AM) has  no  nighttime authority  and  is not  permitted  to 
operate  past  the  two  hours  indicated  in  its  post   sunset 
authority.  On June 18, 2002  and June 19, 2002, WBIC(AM)  failed 
to reduce  power  to the  levels  indicated in  its  post  sunset 
authority,  remaining  on  daytime  power  throughout  this  time 
period.  Furthermore, WBIC failed to discontinue operation  after 
the post sunset authority time-period and continued to operate on 
the first night for at least 15 minutes, and on the second  night 
for at least 1 hour and 15 minutes, past the time to  discontinue 
operation.

     9.   Based on  the evidence  before us,  we find  Lighthouse 
Broadcasting  willfully4   and  repeatedly5   violated   Sections 
11.35(a)  and  73.1745  of  the  Rules  by  failing  to  maintain 
operational EAS equipment and failing  to reduce power at  sunset 
and then discontinue  operation after the  post sunset  authority 
hours.

     10.  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 
during post  sunset hours  and failure  to discontinue  operation 
after post sunset  hours 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

     11.  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  Lighthouse  Broadcasting  is  hereby  NOTIFIED  of  this 
APPARENT LIABILITY  FOR  A FORFEITURE  in  the amount  of  twelve 
thousand dollars ($12,000) for willful and repeated violation  of 
Sections 11.35(a) and 73.1745 of the Rules by failing to maintain 
operational EAS  equipment  and operating  with  excessive  power 
during the  post  sunset  authority hours  and  then  failing  to 
discontinue operation.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Lighthouse Broadcasting 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. 20554.10

     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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Lighthouse  Broadcasting, 2735  Bryant  Park Road,  Canon,  GA 
30520. 


                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         Atlanta Office, Enforcement Bureau
_________________________

1 47 C.F.R.  11.35(a) and 73.1745.

2 WBIC(AM) is a daytime-only  station, licensed to operate at 230 
watts.  The station has post sunset authority in the month of 
June of 3.5 watts from 8:45 to 9:45 p.m. EDT and then 1.8 watts 
from 9:45-10:45 p.m. EDT.  The station has no authority to 
operate beyond 10:45 p.m. EDT.

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

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 4387-88 (1991).

5 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).

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.