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


In the Matter of                )
                                )       File No. EB-02-DT-151
Station WOBC-FM                 )
                                )       NAL/Acct.             No. 
200232360005
Oberlin College Student Network, Inc.   )
Oberlin, Ohio                   )       FRN: 0005-0115-72


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  May 23, 
2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find  that  Oberlin College  Student  Network,  Inc. 
(``Oberlin''), the licensee of  WOBC-FM, has apparently  violated 
Section  11.35(a)  of  the  Commission's  Rules  (``Rules'')1  by 
failing to have Emergency Alert System (EAS) equipment  installed 
and operating.  We conclude that Oberlin is apparently liable for 
a forfeiture in the amount of eight thousand dollars ($8,000).

                         II.  Background

     2.   On March 12, 2002, an FCC agent from the Detroit Office 
conducted an Emergency  Alert System inspection  of WOBC-FM.   At 
the time of inspection, the  EAS equipment was not installed  and 
there were no entries in the station log indicating that the  EAS 
equipment had been operational or  had been taken out of  service 
for repair.  The  agent was also  told that the  station had  not 
conducted any EAS transmission or  receiving tests from at  least 
January 1, 2001.

     3.   On March 22, 2002 the Detroit Office issued a Notice of 
Violation (``NOV'') to Oberlin  regarding WOBC-FM.  On April  15, 
2002,  the  Detroit  Office  received  a  written  response  that 
included  ``...We  are  in  consultation  with  our  professional 
engineer to  update our  current  EAS equipment...''   They  also 
wrote ``...Due to  current budgetary constraints,  it may not  be 
possible to purchase the equipment until early June...'' 

                           III.  Discussion 

     4.        Section  11.35(a)  of   the  Rules  requires   all 
broadcast stations to ensure that  EAS equipment is installed  so 
that the  monitoring  and transmitting  functions  are  available 
during the times  the station is  in operation.  At  the time  of 
inspection, Oberlin failed to  have Emergency Alert System  (EAS) 
equipment installed and operating.
     5.        Based on  the evidence  before  us, we  find  that 
Oberlin willfully2 and repeatedly3  violated Section 11.35(a)  by 
failing to install and  maintain operational EAS equipment.   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 $8,000 for failure to install and have operational  EAS 
equipment.  In assessing the monetary forfeiture amount, we  must 
take into  account the  statutory factors  set forth  in  Section 
503(b)(2)(D) of the Communications Act of 1934, as amended,  (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 Oberlin  has previously  had an  overall history  of 
compliance and showed  good faith surrounding  the violations  by 
the voluntary disclosure of  information; however, the  violation 
is egregious.  Applying  the Policy Statement  and the  statutory 
factors  to  the   instant  case  and   applying  the   inflation 
adjustments, we believe  that an eight  thousand dollar  ($8,000) 
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, Oberlin College Student Network, Inc. is hereby  NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of eight 
thousand dollars ($8,000) for willfully and repeatedly  violating 
Section 11.35(a)  of the  Rules by  failing to  install and  have 
operational EAS equipment.
 
     7.   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, Oberlin 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. 200232360005, FRN: 0005-0115-72.

     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. 200232360005, FRN: 0005-
0115-72.

     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 Oberlin College Student Network, Inc., Wilder  Hall 
- Room 319, 135 West Lorain Street, Oberlin, Ohio 44074.



                                FEDERAL            COMMUNICATIONS 
COMMISSION



                                James A. Bridgewater
                                District Director
                                Detroit Office
_________________________

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