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

In the Matter of                )
                                )       File No. EB-01-DT-657
J4 Broadcasting of Cincinnati, Inc.     )    
WCIN(AM)                        )       NAL/Acct.             No. 
200232360007
Cincinnati, Ohio                )       
                                )       FRN: 0004-2892-60


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June 20, 
2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that J4 Broadcasting of Cincinnati, Inc.,  (?J4?), 
the licensee of radio station WCIN (?WCIN?), Cincinnati, Ohio,  has 
apparently violated Sections 73.51(e)(2) and 73.1560(a)(1) of the 
Commission's  Rules  (?Rules?)1.    Respectively,  these   sections 
require the station maintain a record of the efficiency factor  ?F? 
in the station records  and operate with power  not in excess  of 
105% of the authorized power.  We conclude that J4 is  apparently 
liable for a forfeiture  in the amount  of five thousand  dollars 
($5,000).

                         II.  BACKGROUND

     2.   On  September  19,  2000  the  Federal   Communications 
Commission received a confidential complaint indicating that WCIN 
was operating  with power  in excess  of that  authorized  during 
daytime and nighttime hours.

     3.    On September 26, 2000, an agent from the FCC's Detroit 
Office monitored and  made field strength  measurements of  WCIN.  
On September  27,  2000,  the agent  again  made  field  strength 
measurements and then inspected  radio station WCIN.   Violations 
were found  that  included  failure  to  have  a  record  of  the 
efficiency factor ?F?  used to  determine the  operating power  and 
operating with power in excess of 105% of the authorized  daytime 
and nighttime power limit.

     4.   On November 27, 2000, a  Notice of Violation (?NOV?)  for 
sixteen rule violations was issued to J4 and on December 7,  2000 
the Detroit Office  received a written  response with  additional 
information received from J4 on December 26, 2000.

     5.   On  November  7,  2001,  the  Detroit  Office  received 
another confidential complaint indicating that WCIN was operating 
with power in excess of that authorized.  

     6.   On January 16,  2002, agents monitored  and made  field 
strength measurements both  prior to and  after sunset, of  WCIN.  
The next day, January 17, 2002, agents again made field  strength 
measurements both prior to and after sunrise, and inspected radio 
station WCIN.  The  agents found that  the station was  operating 
pursuant to  an expired  Special Temporary  Authorization  (?STA?).  
The STA authorized WCIN to operate with a daytime non-directional 
power of 250 watts  and a nighttime  non-directional power of  15 
watts.  During the monitoring periods  on January 16th and  17th, 
2002,  no  power  level  changes  occurred  during  daytime   and 
nighttime  operation  modes.    At  all   times  throughout   the 
monitoring period, the field  strength measurements taken by  the 
agents indicated that WCIN was operating above 105% of the  power 
during daytime  and  nighttime  operation.   Using  the  indirect 
method of  power  determination,  the station  was  operating  at 
approximately 828% (2070 watts) of the daytime power of 250 watts 
and approximately 13,800% (2070 watts) of the nighttime power  of 
15 watts indicated in the most recent expired STA that expired on 
December 13,  2001.  Additionally,  the station  did not  have  a 
record of the efficiency factor ?F? used to determine the operating 
power,  station  personnel  were  not  monitoring  the  station's 
operating power and, the  station personnel did  not know how  to 
determine the station's operating power or how to properly switch 
to nighttime power.

     7.   On January 22, 2002,  J4 sent a  letter to the  Detroit 
Office addressing some of  the violations reported  to J4 at  the 
time of inspection.  

     8.   On March 22, 2002, a  NOV for fourteen rule  violations 
was issued to J4 and on April 5, 2002 the Detroit Office received 
a written  response,  indicating  corrective  actions  they  were 
taking.  

                        III.  DISCUSSION

     9.   Section 73.51(e)(2)  requires  that  a  record  of  the 
efficiency factor  ?F? be  kept in  the station  records.   Section 
73.1560(a)(1) requires that  a station not  operate in excess  of 
105% of the authorized power.

     10.  Based on  the  evidence  before us,  we  find  that  J4 
willfully1  and  repeatedly2  violated  Section  73.51(e)(2)  for 
failing to  keep a  record  of the  efficiency  factor ?F?  in  the 
station records  and  Section 73.1560(a)(1)  for  operating  with 
power  in  excess   of  105%  of   the  authorized  power.    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?)3, sets  the base forfeiture  amount 
at $1,000  for failing  to maintain  a record  of the  efficiency 
factor ?F? in  the station records  (required records), and  $4,000 
for operating  with power  in excess  of 105%  of the  authorized 
power  (exceeding  power  limits).   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  1934,4  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.  The record  reveals that J4 has  previously 
had a  history of  non-compliance, including  a repeat  of  these 
violations  from  prior  inspections   and  the  violations   are 
egregious.  Applying  the  Forfeiture Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we  believe that  a  five thousand  dollar  ($5,000) 
monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and Sections  0.111, 0.311  and 1.80  of  the 
Rules5, J4 Broadcasting of Cincinnati, Inc. is hereby NOTIFIED of 
its APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  five 
thousand dollars ($5,000) for  willful and repeated violation  of 
Sections 73.51(e)(2) and 73.1560(a)(1) of the Rules.

     12.  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,  J4 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. 200232360007, FRN: 0004-2892-60.

     14.  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.  200232360007,  FRN: 
0004-2892-60.

     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.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.6

     17.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested, to J4 Broadcasting  of Cincinnati, Inc., 3540  Reading 
Road, Cincinnati, Ohio  45229.



                                FEDERAL            COMMUNICATIONS 
COMMISSION



                                James A. Bridgewater
                                District Director
                                Detroit    Office,    Enforcement 
                                Bureau
_________________________

1 47 C.F.R.  73.51(e)(2) and 73.1560(a)(1).
1 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).
2 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.
347 C.F.R.  1.80.
4 47 U.S.C.  503(b)(2)(D).
5 47 C.F.R.  0.111, 0.311 and 1.80.
6 See 47 C.F.R.  1.1914.