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

                                
In the Matter of                )       File No. EB-02-CG-104
                                )
Cornbelt Broadcasting Co.       )       NAL/Acct. No. 
200232320006
Licensee: WHOW and WHOW-FM      )
Clinton, Illinois               )       FRN: 0003-7736-94


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 18, 2002

     1.   By the District Director, Chicago Office, Enforcement 
Bureau:

                        I.   INTRODUCTION

     2.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that  Cornbelt Broadcasting Co.  (``Cornbelt''), 
licensee of AM  broadcast station WHOW  and FM broadcast  station 
WHOW-FM, has apparently violated sections 11.35(a), 17.4(g),  and 
73.49 of the Commission Rules (the ``Rules'')1.  Cornbelt  failed 
to have an operational Emergency Alert System (``EAS'')  decoder; 
failed to display  the Antenna  Structure Registration  (``ASR'') 
number,  and  failed  to  comply  with  AM  tower  base   fencing 
requirements.  We conclude that Cornbelt is apparently liable for 
a  forfeiture  in  the  amount  of  seventeen  thousand   dollars 
($17,000).

                         II.  BACKGROUND

     3.   On  February  25,  2001,  the  Commission  received   a 
complaint alleging Radio Stations WHOW and WHOW-FM were operating 
in violation of various FCC Rules.
       
     4.   On April 25,  2001, an engineer  from the  Commission's 
Chicago Office inspected broadcast stations WHOW and WHOW-FM, and 
observed the following violations:
     (a.  The stations' EAS equipment was not operational.  
          Further, station personnel failed to make entries in 
          the stations' logs indicating the cause of failure to 
          receive EAS tests and activations.
     (b.  The ASR number was not posted. 
     (c.  Radio station WHOW failed to enclose the base of the 
          tower with adequate fencing.  The front and back doors 
          to the antenna's tuning hut were not attached, 
          permitting unrestricted access to the tower.
     5.   
     6.   Some of the other violations noted during the 
inspections of WHOW and WHOW-FM were that:
     (d.  The stations failed to have a letter designating the 
          chief operator.  
     (e.  The stations failed to have the manual titled ``The 
          Public and Broadcasting'' in the public inspection 
          file.
     (f.  The stations failed to have the current issues and 
          programs list in the public inspection 
          file.  The latest issues and programs list available 
     was for the third quarter of 1990.
     (g.  WHOW did not have equipment performance measurements 
          for the years 1999 and 2000.

     7.   On May 7,  2001, the Chicago  Office issued Notices  of 
Violation to  Cornbelt Broadcasting  Co.,  licensee of  WHOW  and 
WHOW-FM.  The  Notices  cited Cornbelt  for  failure to  have  an 
operational EAS decoder, failure to post the ASR number,  failure 
to enclose the base of  the tower with adequate fencing,  failure 
to calculate power by the  direct method, failure to designate  a 
chief operator, failure to have the most recent ownership report, 
failure  to   the  current   manual  titled   ``The  Public   and 
Broadcasting'', failure to have  the current issues and  programs 
list, failure to determine the FM transmitter efficiency  factor, 
failure to  notify the  Commission of  the operation  at  reduced 
power,  failure  to  have  equipment  performance  measurements.2  
Cornbelt failed to respond to the Notices.

     8.   On February 27, 2002, an engineer from the Commission's 
Chicago Office inspected broadcast stations WHOW and WHOW-FM, and 
observed the following violations:
     (h.  The stations' EAS equipment was not operational.  
          Further, station personnel failed to make entries in 
          the stations' logs indicating the cause of their 
          failure to receive EAS tests and activations.
     (i.  The ASR number was not posted at the base of the tower.
     (j.  Cornbelt failed to enclose the base of the WHOW tower 
          with adequate fencing.  The front and back doors to the 
          antenna's tuning hut were not attached, permitting 
          unrestricted access to the tower.  Further, the chain-
          link fence around the tower had fallen over.

     9.   Other violations noted during the inspections on 
February 27, 2002 of WHOW and WHOW-FM were:
     (k.  Radio station WHOW did not have equipment performance 
          measurements for the years 2000 and 2001.
     (l.  The stations did not have a copy of the EAS Operating 
          Handbook at the normal duty position.
     (m.  The stations did not have a letter designating the 
          chief operator.
     (n.  The stations did not have a copy of the manual ``Public 
          and Broadcasting'' in the public file.
     (o.  The stations did not have a current list of issues and 
          programs that have provided the stations' most 
          significant treatment of community interest in the 
          public file.  The most recent issues and programs list 
          available was from 1995.

                      III.      DISCUSSION

     10.  Section 11.35(b) of the  Rules requires that  broadcast 
stations have  EAS equipment  installed  and operational  at  all 
times the  station  is  in  operation.   Additionally,  broadcast 
stations must determine the cause  of any failure to receive  the 
required EAS tests or activations and make appropriate entries in 
the broadcast station log.  Section 17.4(g) of the Rules requires 
the antenna structure  registration number to  be displayed in  a 
conspicuous place so that it is readily visible near the base  of 
the antenna structure.  Section 73.49 of the Rules requires  that 
licensees enclose any AM tower with radio frequency potential  at 
the base within an effective locked fence or other enclosure. 

     11.  The Commission assesses  monetary forfeitures  pursuant 
to Section 503(b) of the Communications Act of 1934, as  amended, 
(the ``Act'') as implemented  in Section 1.80  of the Rules3.   A 
forfeiture may be  assessed against a  person who the  Commission 
finds to have willfully4 or repeatedly5 failed to comply with the 
provisions of  the  Act or  the  Rules.  Forfeiture  amounts  are 
decided in accordance with Section 503(b)(2) of the Act6 and  the 
Commission's forfeiture guidelines in  Section 1.80(b)(4) of  the 
Rules7.

     12.  Based on the evidence before us, we find that  Cornbelt 
Broadcasting  Co.  willfully  and  repeatedly  violated  Sections 
11.35(b), 17.4(g), and 73.49  of the Rules by  failing to have  a 
functioning EAS  system,  failing  to  display  the  registration 
number near  the  base of  the  antenna and  failing  to  provide 
adequate  AM  tower  fencing.    Pursuant  to  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'')8, the base  forfeiture amount for failing  to 
have operational EAS  equipment is $8,000.   The base  forfeiture 
amount for inadequate AM tower fencing is $7,000.  The Forfeiture 
Policy Statement does not establish a base forfeiture amount  for 
failure to post the  antenna structure registration number.   The 
Commission has  determined,  however, that  an  appropriate  base 
forfeiture amount for failure  to post the  ASR number is  $2,000 
per violation9.  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,10   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.   Applying  the Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments,  we  believe  that  a  seventeen  thousand   dollars 
($17,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     13.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act11  and Sections 0.111, 0.311,  and 1.80 of  the 
Rules12, Cornbelt  Broadcasting Co.  is  hereby NOTIFIED  of  its 
APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  seventeen 
thousand dollars ($17,000) for willfully and repeatedly violating 
Sections 11.35(b), 17.4(g), and 73.49 of the Rules.

     14.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  Cornbelt Broadcasting Co.  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     15.  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. 200232320006 and FRN 0003-7736-94. 

     16.  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.  200232320006 and  FRN 
0003-7736-94.

     17.  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.

     18.  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. 20554.13

     19.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to  Cornbelt Broadcasting Co.,  RR2 Box  117M, 
Clinton, Illinois 61727-9518.
     20.  
     21.  
                              FEDERAL COMMUNICATIONS COMMISSION
     22.  
     23.  

     24.  
                              G. Michael Moffitt
                              District Director
                              Chicago Office
_________________________

1 47 C.F.R.  11.35(a), 17.4(g), and 73.49.
2 47 C.F.R.   73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 
73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6)
3 47 C.F.R.  1.80.

4  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).

5 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.
6
 47 C.F.R.  503(b)(2).
7
 C.F.R.  1.80(b)(4).
8
47 C.F.R.  1.80.

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

10 47 U.S.C.  503(b)(2)(D).

11 47 U.S.C.  503(b).

12 47 C.F.R.  0.111, 0.311 and 1.80.

13 See 47 C.F.R.  1.1914.