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

In the Matter of                 )
                                )
Southern Media Communications,   )
Inc.                             )        File Number EB-02-AT-304
                                )
Licensee of AM Radio Station     )       NAL/Acct.No. 200232480021
WBCA, Bay Minnette, Alabama,     )
and Owner of Unregistered        )                FRN 0004-9693-58
Antenna Structure Located at     )
30 52' 10'' N Latitude by 087  )
46' 09'' W Longitude in Bay      )
Minnette, Alabama




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: September 24, 2002 

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In  this Notice  of Apparent  Liability for  Forfeiture 
(``NAL''),  we   find   Southern   Media   Communications,   Inc. 
(``Southern''), licensee of AM radio station WBCA, Bay  Minnette, 
Alabama, and owner of  unregistered antenna structure located  at 
30 52' 10'' North  latitude by 087 46'  09'' West longitude  in 
Bay Minnette, Alabama, apparently liable for a forfeiture in  the 
amount of eleven thousand dollars ($11,000) for willful violation 
of Sections  11.35(a)  and  17.4(a)  of  the  Commission's  Rules 
(``Rules'').1    Specifically,    we    find    Southern    Media 
Communications, Inc.  apparently  liable for  failing  to  ensure 
Emergency Alert System  (``EAS'') equipment  was operational  and 
failing to register their antenna structure with the Commission.

                         II.  BACKGROUND

     2.   On August 22, 2002, an  agent from the FCC  Enforcement 
Bureau's Atlanta Office inspected Southern's antenna structure at 
30 52' 10'' North latitude by 087 46' 09'' West longitude  near 
Bay Minnette, Alabama.  The antenna structure was used as part of 
radio  station  WBCA  AM.   No  Antenna  Structure   Registration 
(``ASR'') number  was  observed anywhere  near  the base  of  the 
structure.

     3.   That same day,  the agent inspected  the EAS system  of 
       WBCA  which was co-owned  and co-located  with WYDH-FM  at 
       the  main studio  in Atmore,  Alabama.  The  two  stations 
       shared  an EAS unit.   The inspection  was conducted  with 
       Mr.  Tom  White,  the  designated  Chief  Operator.    The 
       station had  a Burke EAS unit in the rack, turned on,  but 
       the  equipment was not  operational.  When  Mr. White,  at 
       the  direction of  the  agent, attempted  to send  an  EAS 
       test,  it  did  not  transmit  over  the  air  for  either 
       station.   At the  time of  the inspection,  there was  no 
       evidence in either station's logs of EAS tests being  sent 
       or  received for at least one  year or that EAS  equipment 
       had been removed from service for repair.

4.       Additionally, Mr.  White as  well as  Mr. Walter  Bowen, 
President of  Southern Media Communications, Inc. both  confirmed 
that the antenna  structure used as part of WBCA AM was owned  by 
the licensee.   Finally, Mr. Bowen stated  that he believed  that 
the  structure was  properly  registered, but  could  provide  no 
documentation to support that statement.

     5.   According to Commission  records searched on  September 
3, 2002, Southern's  antenna structure for  station WBCA was  not 
registered.

                        III.  DISCUSSION

     6.   Section 11.35(a) of the Rules sets forth that broadcast 
stations are  responsible for  ensuring  that EAS  encoders,  EAS 
decoders and Attention Signal generating and receiving  equipment 
used as part of the EAS are installed so that the monitoring  and 
transmitting  functions  are  available  during  the  times   the 
stations are  in operation.   On August  22, 2002,  there was  no 
operational EAS equipment at the  studios of WBCA.  In  addition, 
the station logs  contained no entries  indicating EAS tests  had 
been conducted for at  least one year  or entries indicating  EAS 
equipment had been removed for repair.2

     7.   Section 17.4(a) of the Rules states that, ``[e]ffective 
July 1,  1996, the  owner  of any  proposed or  existing  antenna 
structure that requires  notice of proposed  construction to  the 
Federal  Aviation  Administration  (``FAA'')  must  register  the 
structure with  the  Commission.''  Southern  owned  the  antenna 
structure used as  part of  radio station  WBCA.  This  structure 
required notice to the FAA,  and thus required registration  with 
the Commission, because the structure height was over 200  feet.3  
There were no Commission  records indicating that this  structure 
was registered from at least August 26 to September 3, 2002.

     8.   Based on the evidence before us, we find Southern Media 
Communications, Inc.  willfully4 violated  Sections 11.35(a)  and 
17.4(a) of the Rules by failing to ensure that EAS equipment  was 
operational at  WBCA  and  by failing  to  register  its  antenna 
structure with the Commission.

     9.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture amount for EAS equipment not installed or  operational 
is $8,000 and the base forfeiture amount for failing to  register 
its  antenna  structure  (failure  to  file  required  forms   or 
information) is  $3,000.  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.''6  Considering  the  entire  record  and  applying  the 
factors listed above, this case warrants an $11,000 forfeiture.

                      IV.  ORDERING CLAUSES

     10.   Accordingly, IT IS  ORDERED THAT, pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Southern Media Communications, Inc. is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of  eleven 
thousand dollars  ($11,000)  for willful  violation  of  Sections 
11.35(a) and 17.4(a) of the Rules  by failing to ensure that  EAS 
equipment was  installed  and  operational at  station  WBCA  and 
failing to register its antenna structure with the Commission.

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Southern Media Communications, Inc. SHALL PAY the full amount  of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     12.  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.  Request for payment  of 
the full amount of NAL under  an installment plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C.  20554.9

     13.  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.

     14.  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.  






     15.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Southern Media Communications,  Inc., 720 South White  Avenue, 
Bay Minnette, Alabama  36507 and  an additional copy to  Southern 
Media  Communications,  Inc  at  1318  S.  Main  Street,  Atmore, 
Alabama, 36502.




                              FEDERAL COMMUNICATIONS COMMISSION
                         




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

1 47 C.F.R.  11.35(a) and 17.4(a).
2 EAS activations and tests, failures to receive such tests, and 
EAS equipment malfunctions must be recorded in the station log.  
See 47 C.F.R.  11.35(a)-(b), 11.55(c)(7) and 11.61(b).
3 See 47 C.F.R.  17.7(a).
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 47 C.F.R.  1.80(b)(4).
6 47 U.S.C.  503 (b)(2)(D).
7 47 U.S.C.  503(b).
8 47 C.F.R.  0.111, 0.311, 1.80.
9 See 47 C.F.R.  1.1914.