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


In the Matter of                  )       File Number EB-02-OR-242
                                 )
Tralyn Broadcasting, Inc.         )      NAL/Acct.No. 200332620001
Licensee of Radio Station         )
WIGG(AM) in Wiggins,              )               FRN 0005-0066-71
Mississippi                       )
Muscle Shoals, Alabama 



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released: October 1, 2002

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we  find Tralyn Broadcasting,  Inc. (``Tralyn''), 
licensee  of AM  radio station  WIGG, Wiggins,  Mississippi, 
apparently liable  for a forfeiture  in the amount  of seven 
thousand dollars ($7,000) for repeated and willful violation 
of  Sections  11.61(a)(2)(i)(A)  and  73.3526(a)(2)  of  the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
Tralyn apparently liable for failing to conduct weekly tests 
of  the Emergency  Alert  System (``EAS''),  and failing  to 
maintain  all  required  material in  the  station's  public 
inspection file.

                       II.  BACKGROUND

     2.   On  August  13,  2002,   an  agent  from  the  FCC 
Enforcement  Bureau's  New  Orleans Field  Office  inspected 
station  WIGG(AM)  in  Wiggins,  Mississippi.   During  this 
inspection,  it  was determined  that  the  station was  not 
running any  weekly EAS  tests.  There  were no  log entries 
reflecting any EAS events.  The station employee responsible 
for  programming stated  that the  station had  not run  any 
weekly EAS  tests.  Additionally, a review  of the station's 
public  inspection file  revealed that  all of  the required 
materials  were  not  available,  specifically  the  station 
authorization, ``The Public and Broadcasting,'' letters from 
the  public, and  quarterly  issues/programs  lists for  the 
years 2001 and 2002.

                      III.  DISCUSSION

     3.  Section 11.61(a)(2)(i)(A)of the Rules requires that 
effective  January 1,  1997, AM,  FM, and  TV stations  must 
conduct tests of the EAS header  and End of Message codes at 
least  once a  week at  random days  and times.   During the 
station inspection on August 13, 2002, there were no records 
indicating  that   the  required   weekly  EAS   tests  were 
transmitted.  Additionally, a  station employee acknowledged 
that a  computer controlled  the automated station  and that 
weekly EAS tests were never  programmed into the computer to 
be transmitted by the station.

     4.   Section 73.3526(a)(2)  of  the  Rules states  that 
``[e]very permittee or licensee of an AM, FM, TV, or Class A 
TV  station  in  the  commercial  broadcast  services  shall 
maintain a  public inspection file containing  the material, 
relating  to that  station, described  in paragraphs  (e)(1) 
through  (e)(10) and  paragraph (e)(13)  of this  section.''  
Additionally, ``every permittee or  licensee of a commercial 
AM or FM station shall maintain for public inspection a file 
containing the material, relating to that station, described 
in  paragraphs (e)(12)  and (e)(14)  of this  section.''  On 
August  13,   2002,  a  review  of   station  WIGG's  public 
inspection file revealed that  much of the required material 
was   missing,   including   a   copy   of   the   station's 
authorization,  ``The  Public   and  Broadcasting''  manual, 
letters from  the public, and the  issues/programs lists for 
the years 2001 and 2002.

     5.   Based on  the  evidence before  us,  we find  that 
Tralyn   repeatedly2   and  willfully3   violated   Sections 
11.61(a)(2)(i)(A) and 73.3526(a)(2) of  the Rules by failing 
to conduct  weekly EAS  tests, and  failing to  maintain all 
required material in the station's public inspection file.

     6.  Pursuant  to Section 1.80(b)(4) of  the Rules,4 the 
base forfeiture amount  for failure to conduct  EAS tests is 
$2,000  (failure to  make required  measurements or  conduct 
required  monitoring), and  the base  forfeiture amount  for 
public file  rule violations is  $10,000.  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.''5  In 
this case,  we consider  that although  seven issue/programs 
lists were  missing, overall, approximately one-half  of the 
station's  public   file  was  available  at   the  time  of 
inspection.  Therefore, we assess  the forfeiture amount for 
the public file violation at $5,000.  Considering the entire 
record  and applying  the  factors listed  above, this  case 
warrants a $7,000 forfeiture.

                    IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80  of the  Rules,7  Tralyn Broadcasting,  Inc. is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount of  seven thousand dollars ($7,000)  for repeated and 
willful   violation   of  Sections   11.61(a)(2)(i)(A)   and 
73.3526(a)(2)  of the  Rules  by failing  to conduct  weekly 
tests of the Emergency Alert System, and failing to maintain 
all  required material  in the  station's public  inspection 
file.

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

     9.  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 this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivable Operations  Group,  445  12th Street,  S.W., 
Washington, D.C.  20554.8

     10. 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.

     11.  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.
       
     12. Under  the Small  Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     13. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to Tralyn Broadcasting,  Inc., 522 D Mitchell Self 
Memorial Drive, Muscle Shoals, Alabama 35662.


                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         



                              James C. Hawkins
                              District Director, New Orleans 
Office
                              Enforcement Bureau

Attachment
_________________________

1 47 C.F.R.  11.61(a)(2)(i)(A), 73.3526(a)(2).
2
32 The 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.''  47 
U.S.C.  312(f)(2).

 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).

4 47 C.F.R.  1.80(b)(4).
5
 47 U.S.C.  503 (b)(2)(D).

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

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.