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


In the Matter of                )
                                )
Station WCMI(AM)                )       File No. EB-00-DT-779
                                )
Fifth Avenue Broadcasting Co., Inc.     )
Huntington, West Virginia       )       NAL/Acct.             No. 

200132360003


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
21, 2001

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  Fifth  Avenue  Broadcasting  Co.,  Inc. 
(``Fifth  Avenue''),  the  licensee  of  WCMI(AM),  licensed   to 
Ashland,   Kentucky,    has    apparently    violated    Sections 
73.1225(d)(1),  73.1350(a),   73.1690(b)(2),  73.3526(e)(1)   and 
73.3526(e)(12)   of   the   Commission's   Rules    (``Rules'')1.  
Respectively, these  Rules  require a  copy  of the  most  recent 
antenna impedance measurements be made available upon request  by 
representatives of the FCC, WCMI(AM) be operated according to the 
terms of  the station  authorization,  a construction  permit  be 
filed for modification of transmission system facilities, and,  a 
copy of  the current  FCC  authorization and  the  issues/program 
lists be maintained in the  public inspection file.  We  conclude 
that Fifth Avenue is  apparently liable for  a forfeiture in  the 
amount of twenty thousand dollars ($20,000).

                         II.  Background

     2.   On  September  14,  2000,  the  Federal  Communications 
Commission's Office of  the Secretary received  a complaint  that 
Fifth Avenue had  ``...re-located its AM  transmission site  into 
another state  without prior  Commission authorization...''   The 
complainant requested ``...immediate Commission action to require 
the termination  of the  unauthorized and  potentially  dangerous 
operations of WCMI(AM).''  On September 18, 2000, the Technical & 
Public Safety Division of the Federal Communications  Commission, 
Enforcement Bureau, received  a copy  of this  complaint, who  in 
turn  sent  a  copy  of  the  complaint  via  facsimile  to   the 
Enforcement Bureau's  Detroit, Michigan  office.  This  complaint 
was filed under the Commission's Ex Parte Rules.

     3.   On September 25,  2000, an FCC  agent from the  Detroit 
Office arrived in Ashland, Kentucky  in the late afternoon.   The 
agent monitored WCMI(AM) for radio transmissions but the  station 
was not transmitting at  the time.  The  next day, September  26, 
2000, the FCC agent conducted an inspection of WCMI(AM), WDGG(FM) 
and WRVC-FM.  The  studios of  these stations  are co-located  in 
Huntington, West Virginia.  As a result of the inspection, it was 
determined that WCMI(AM) had been operating from an  unauthorized 
location from approximately August 18, 1999, until September  22, 
2000. During the inspection, the agent also determined that Fifth 
Avenue   had   violated   Sections   73.1225(d)(1),   73.1350(a), 
73.1690(b)(2), 73.3526(e)(1) and 73.3526(e)(12).

     4.   On November 20,  2000 a Notice  of Violation  (``NOV'') 
was issued to  Fifth Avenue regarding  WCMI(AM).  On December  4, 
2000, a request for an extension of time to reply to the NOV  was 
received from Susan A. Marshall, the attorney representing  Fifth 
Avenue.  The extension was granted, and on December 12, 2000, the 
FCC received a written response.

                        III.  Discussion

     5.   Based on the  evidence before  us, we  find that  Fifth 
Avenue   willfully2    and    repeatedly3    violated    Sections 
73.1225(d)(1),  73.1350(a),   73.1690(b)(2),  73.3526(e)(1)   and 
73.3526(e)(12) of  the  Rules  by failing  to  maintain  records, 
failing to operate WCMI(AM) according to the terms of the station 
authorization by constructing and operating from an  unauthorized 
location, failing to file the  required forms or information  and 
failing to maintain the public inspection file.  The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')4, sets the base forfeiture amount at  $10,000 
for operating  beyond the  terms  of the  station  authorization, 
$4,000 for construction at  an unauthorized location, $1,000  for 
failure to  maintain  records, $3,000  for  failure to  file  the 
required forms or information and $10,000 for failure to maintain 
the public inspection file.  In assessing the monetary forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D)  of the Act,5  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.   The record reveals  that Fifth Avenue  has 
previously had an overall history  of compliance and showed  good 
faith surrounding the violations  by the voluntary disclosure  of 
information; however, the violations are egregious.  Applying the 
Policy Statement and  the statutory factors  to the instant  case 
and applying the inflation adjustments, we believe that a  twenty 
thousand dollar ($20,000) monetary forfeiture is warranted.

                      IV.  Ordering Clauses

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules7, Fifth Avenue Broadcasting Co., Inc. is hereby NOTIFIED of 
its APPARENT LIABILITY FOR A  FORFEITURE in the amount of  twenty 
thousand dollars ($20,000) for willfully and repeatedly violating 
Sections 73.1225(d)(1), 73.1350(a), 73.1690(b)(2),  73.3526(e)(1) 
and 73.3526(e)(12) of the Rules  by failing to maintain  required 
records, failing to operate according to the terms of the station 
authorization,  modifying  the  transmission  facilities  without 
authorization, failing to file the required forms, and failing to 
maintain the public inspection file.

     7.   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,  Fifth Avenue  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     8.   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. 200132360003.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200132360003.

     10.  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.

     11.  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

     12.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested, to  Fifth  Avenue  Broadcasting Co.,  Inc.,  401  11th 
Street, Suite 200,  Huntington, West Virginia  25701, to  counsel 
for Fifth Avenue, Susan A. Marshall, Fletcher, Heald &  Hildreth, 
P.L.C., 1300 N. 17th Street, 11th Floor, Arlington, VA 22209, and 
to counsel for Clear Channel Broadcasting Licenses, Inc., Marissa 
G. Repp  and  F. William  LeBeau,  Hogan &  Hartson  L.L.P.,  555 
Thirteenth Street, NW, Washington, DC 20004-1109.



                                FEDERAL            COMMUNICATIONS 

COMMISSION



                                James A. Bridgewater
                                District Director
                                Detroit Office
_________________________

1
 47 C.F.R.  73.1225(d)(1), 73.1350(a), 73,1690(b)(2), 
73.3526(e)(1) and 73.3526(e)(12).
2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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.

447 C.F.R.  1.80.

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

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

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

8 See 47 C.F.R.  1.1914.