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


In the Matter of                )
                                )
Willis Broadcasting Corporation )
WGRM-FM                         )                                   
File No. EB-01-OR-052
Greenwood, Mississippi          )                                     
NAL/Acct. No. 200132620004



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released:  July 
3, 2001

By the Enforcement Bureau, New Orleans Field Office:


                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find Willis Broadcasting Corporation (``Willis''), licensee of FM 
broadcast station WGRM-FM, apparently violated Sections  1.89(b), 
11.35(a), 17.4(a)(2), and  73.3526(c) of  the Commission's  Rules 
(``Rules'')1 by failing to respond to Commission  correspondence, 
failing to ensure that Emergency Alert System (``EAS'') equipment 
was installed  and operating,  failing  to register  an  existing 
antenna structure by July 1, 1998, and failing to ensure that the 
station's public  inspection  file  was available  at  all  times 
during  normal  business  hours.   We  conclude  that  Willis  is 
apparently liable  for forfeiture  in the  amount of  twenty-five 
thousand dollars ($25,000).  


                         II.  BACKGROUND

     2.  On April 24,  2001, an agent  from the Commission's  New 
Orleans Field Office  (``Field Office'')  inspected FM  broadcast 
station WGRM-FM.  During  this inspection,  the agent  determined 
that the EAS equipment was  not properly installed or capable  of 
monitoring or receiving EAS messages,  the station had failed  to 
register an existing antenna structure by July 1, 1998, and  that 
the station failed to ensure that the station's public inspection 
file was available at all times during normal business hours.  


     3.  On  May 3,  2001, a  Notice of  Violation (``NOV'')  was 
issued to  Willis citing  these deficiencies.  No reply  to  this 
notice was  received.  On  May 25,  2001, a  letter was  sent  by 
Certified  Mail,  Return  Receipt  Requested  to  Willis.    This 
correspondence stated that no reply had been received to the  NOV 
issued  on  May  3,  2001,  and  included  a  copy  of  the  NOV.  
Additionally,  the  letter  cautioned  the  licensee   concerning 
failure  to  reply  to   Commission  correspondence.   A   signed 
Certified Mail Receipt evidenced delivery of the letter. No reply 
to this correspondence or the original NOV has been received.


                        III.  DISCUSSION

     4.  Section  1.89(b)  of  the Rules  requires  licensees  to 
respond in writing within ten days from receipt of a notice  from 
the Commission.


     5.   Section  11.35(a) of  the Rules  states in  part  that, 
``[b]roadcast stations and cable systems and wireless systems are 
responsible for  ensuring that  EAS  Encoders, EAS  Decoders  and 
Attention Signal generating and receiving equipment used as  part 
of the EAS are installed so that the monitoring and  transmitting 
functions are available during the times the stations and systems 
are in operation.''


     6.  Section 17.4(a)(2) of the  Rules requires the owners  of 
existing antenna structures to register with the Commission,  and 
have the  Antenna Structure  Registration Number  displayed in  a 
conspicuous place.

           
     7.  Section 73.3526(c) of  the Rules requires the  station's 
public inspection file to be available at all times during normal 
business hours.


     8.  Based on the evidence before  us, we find that on  April 
24,  2001,   Willis   willfully2  violated   Sections   11.35(a), 
17.4(a)(2) and 73.3526(c)  of the  Rules by failing  to have  EAS 
equipment installed so that monitoring and transmitting functions 
were available, failing to register an existing antenna structure 
by July  1,  1998,  and  failing to  make  the  station's  public 
inspection  file  available  during  normal  business  hours.  In 
addition, we find that Willis willfully violated Section  1.89(b) 
of the Rules  by failing to  respond to the  Notice of  Violation 
dated May 3, 2001, or our correspondence dated May 25, 2001.

   
     9.  Pursuant to Section 1.80(b)(4) of the Rules,  Guidelines 
for Assessing Forfeiture, the base forfeiture amount for  failure 
to respond  to  Commission  communications is  $4,000,  the  base 
forfeiture amount for failure to  install and have operating  EAS 
equipment is $8,000,  the base forfeiture  amount for failure  to 
register an antenna structure is $3,000 (failure to file required 
forms or information),  and finally, the  base forfeiture  amount 
for  violation  of  the  public  file  rules  is  $10,000.3    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  (``Act''), as amended,  which 
include the  nature, circumstances,  extent, and  gravity of  the 
violation(s), 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.4  Applying  Section 
1.80(b)(4) of  the Rules  and statutory  factors to  the  instant 
case, we find no compelling  evidence to support any  adjustments 
to 


the base forfeiture  amounts.  Therefore, a  total forfeiture  in 
the amount of $25,000 is warranted.


                      IV.  ORDERING CLAUSES

          10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Communications Act  of 1934, as  amended,5 
and  Sections  0.111,   0.311  and  1.80   of  the   Commission's 
Rules,6Willis Broadcasting Corporation, is hereby NOTIFIED of its 
APPARENT LIABILITY FOR A FORFEITURE in the amount of  twenty-five 
thousand  dollars  ($25,000)  for  violating  Sections   1.89(b), 
11.35(a), 17.4(a)(2) and 73.3526(c) of the Commission's Rules. 7


     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules8, within thirty days of the release date of this NOTICE 
OF APPARENT LIABILITY, Willis Broadcasting Corporation, SHALL PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.


     12.  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. referenced in the letterhead above.


     13.  The response, if any, must  be mailed to Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W.,  Washington,  D.C.  20554,   ATTN:  Enforcement  Bureau   - 
Technical and  Public  Safety  Division,  and  MUST  INCLUDE  THE 
NAL/Acct. No. referenced in the letterhead.
 

     14.  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; 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.


     15.  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 Operation Group, 445  12th Street, S.W.,  Washington, 
D.C. 20554.9


     16.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail, Return 
Receipt Requested, to Willis Broadcasting Corporation, WGRM-FM, 
Suite 400, 645 Church Street, Norfolk, VA 23510. 



                         FEDERAL COMMUNICATIONS COMMISSION





                         James C. Hawkins
                         District Director
                         New Orleans Field Office
                         Enforcement Bureau
_________________________

1 47 C.F.R.  1.89(b), 11.35(a), 17.4(a)(2), 73.3526(c).

22 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 commission or omission of 
any act, means that 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).  

33 47 C.F.R. 1.80(b)(4).

4 47 U.S.C.  503(b)(2)(D).

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

6 47 C.F.R.  0.111, 0.311, 1.80.

7 47 C.F.R.  1.89(b), 11.35(a), 17.4(a)(2) and 73.3526(c).

8 47 C.F.R. 1.80.

9 See 47 C.F.R.  1.1914.