Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Sycamore Valley Broadcasting,    )       File Number EB-02-AT-050
Inc.                             )     NAL/Acct. No. 200232480001
Radio Station WQSV               )             FRN  0003-7542-56
P. O. Box 619                    )
Ashland City, TN  37015          )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  April 30, 2002

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find  that  Sycamore   Valley  Broadcasting,  Inc.   ("Sycamore") 
apparently violated Sections 11.52(d), 11.61(a), 17.50,  73.1400, 
and 73.1745(a)  of  the  Commission's Rules.1   WQSV  failed  to: 
monitor two Emergency  Alert System (``EAS'')  sources, send  and 
receive required  EAS tests,  re-paint its  antenna structure  to 
restore good visibility,  maintain operating transmission  system 
monitoring equipment, and  reduce transmitter  power between  the 
times of local  sunset and  sunrise.  We  conclude that  Sycamore 
Valley Broadcasting, Inc. is  apparently liable for a  forfeiture 
in the amount of twenty five thousand dollars ($25,000).

                         II.  BACKGROUND

     2.  On or about October 26, 1995, the Federal Communications 
Commission (``FCC'')  Enforcement Bureau's  Atlanta Field  Office 
("Field Office") received information that radio station WQSV  in 
Ashland City, Tennessee, failed to reduce transmitter power after 
sunset as required by the station authorization.  On October  26, 
1995, the  Field  Office  sent to  Sycamore,  licensee  of  radio 
station WQSV,  a  letter  concerning this  alleged  violation  of 
Section 73.1745(a) of the Rules2  for failure to reduce power  at 
sunset.  The letter did not require a response from the  licensee 
and the Field Office received none.

     3.  O
n January 7,  1998, the Field  Office received another  complaint 
alleging WQSV's  failure to  reduce power  at night.   The  Field 
Office sent Sycamore  a letter  via Certified mail  on March  16, 
1998, concerning the alleged overpower nighttime operation.   The 
letter did not require a response from the licensee and the Field 
Office received none.   The Certified Return  Receipt was  signed 
with the name of Sycamore's president and dated received on March 
19, 1998.

     4.  On  January  26, 1999,  an  agent of  the  Field  Office 
monitored WQSV's  signal  continuously from  before  until  after 
local sunset.  Field strength  measurements showed that WQSV  did 
not  reduce  power   at  sunset  as   required  by  the   station 
authorization, but instead operated at greater than daytime power 
until station sign-off at approximately 10:00 pm CST.

     5.  On January 27, 1999, the Field Office agent conducted  a 
detailed station inspection of WQSV.  The agent observed fourteen 
violations  of   FCC   Rules,  including   failure   to   provide 
transmission system monitoring and  control, EAS violations,  and 
visibility of the paint on the tower structure.

     6.  On February 5, 1999, the Field Office issued to Sycamore 
an Official Notice  of Violation for  the violations observed  at 
WQSV on January 26 and 27, 1999.

     7.  On  February  17,  1999, the  Field  Office  received  a 
written  response  from  Sycamore,   dated  February  10,   1999, 
indicating that Sycamore either  had corrected, or would  correct 
upon  receipt  of   paperwork  and  repair   parts,  all   listed 
violations.   The  reply  was  signed  with  the  name  ``Richard 
Albright'' as President, Sycamore Valley Broadcasting, Inc.

     8.  On  November  19,  2001,  the  Atlanta  office  received 
another complaint that WQSV failed to reduce power at night.  The 
same day, the Field  Office sent another  letter to Sycamore  via 
Certified  mail  concerning   the  alleged  overpower   nighttime 
operation and also  noting that the  Field Office had  previously 
issued to Sycamore a Notice of Violation for this same offense in 
February, 1999.  The letter  did not require  a response and  the 
Field Office received none.  The Certified Return Receipt  showed 
a signature, ``Richard Albright,'' and received date of  November 
23, 2001.
 
     9.  On  February  4,  2002, the  Field  Office  agent  again 
monitored WQSV.  Field strength  measurements taken by the  agent 
showed that WQSV did not reduce power at sunset as required.  The 
agent made measurements from 4:00  pm CST until station  sign-off 
at 7:00  pm CST,  during  which time  WQSV's signal  remained  at 
greater than daytime  power.  Local sunset  time for February  is 
5:30 pm CST.

     10.  On  February  5, 2002,  the  Field Office  agent  again 
monitored WQSV.  The agent made field strength measurements  from 
station sign-on before sunrise at 6:00 am CST until 8:00 am  CST, 
during which time  WQSV operated at  greater than daytime  power.  
Local sunrise time for February is 6:30 am CST.

     11.  Still  on  February 5,  2002,  the Field  Office  agent 
conducted a  detailed station  inspection  of WQSV  with  station 
owner, Mr.  Richard Albright.   The station  inspection  revealed 
essentially the same violations observed during the 1999  station 
inspection, namely: failure to reduce power between local  sunset 
and sunrise; failure  to provide  transmission system  monitoring 
and control; inadequate  tower painting; failure  to monitor  two 
EAS sources; and failure to send and receive required EAS tests.

                        III.  DISCUSSION

     12.   Section  11.52(d)  of  the  Rules  requires  broadcast 
stations to monitor two EAS broadcast sources in accordance  with 
the State EAS Plan.3  WQSV only had the capability of  monitoring 
one broadcast  source.  Section  11.61(a) of  the Rules  requires 
broadcast stations to  send and  receive weekly  and monthly  EAS 
tests.4  The station's sole  EAS receiver was  turned off at  the 
time of  the station  inspection.  WQSV  could neither  send  nor 
receive EAS tests  and had  no logs  or records  to indicate  the 
station had  ever  sent  or  received  the  required  EAS  tests.  
Section  17.50  of  the   Rules  requires  owners  with   antenna 
structures requiring painting and lighting to clean and  re-paint 
their antenna  structures  as  often as  necessary  in  order  to 
maintain good visibility.5  WQSV's antenna structure had over  60 
percent of its orange and white paint flaked off, and the colored 
bands were indistinguishable when viewed at one-fourth of a  mile 
from the tower.  Section 73.1400 of the Rules holds the  licensee 
responsible for  operation  within tolerances  specified  by  the 
Rules and in  accordance with the  station authorization, and  to 
provide sufficient  transmission  system monitoring  and  control 
capability so  as  to  ensure  compliance.6   WQSV's  transmitter 
remote control equipment had  inoperative metering rendering  the 
station operator  incapable  of determining  operating  power  in 
either daytime  or nighttime  modes.  Section  73.1745(a) of  the 
Rules states that no broadcast station shall operate at times, or 
with modes or power, other than those specified and made part  of 
the license.7   WQSV  operated  in excess  of  daytime  power  on 
January 26, 1999,  from local  sunset until 10:00  pm CST.   WQSV 
operated in excess  of daytime  power on February  4, 2002,  from 
local sunset at  5:30 pm CST  until station sign-off  at 7:00  pm 
CST.  WQSV operated  in excess  of daytime power  on February  5, 
2002, from station sign-on at 6:00 am CST until local sunrise  at 
6:30 am CST.

     13.  Based  on  the evidence  before  us, we  find  that  on 
February 4  and  5,  2002,  Sycamore  Valley  Broadcasting,  Inc. 
repeatedly8 and willfully9 violated Sections 11.52(d),  11.61(a), 
17.50, 73.1400 and 73.1745(a) of the Commission's Rules.10

     14.  Pursuant  to  Section 1.80(b)(4)  of  the  Commission's 
Rules, the base  forfeiture amounts for  the violations cited  in 
this notice  are:  $10,000  for  failure  to  repaint  the  tower 
(failure to  comply  with prescribed  lighting  and/or  marking), 
$8,000 for non-operational  EAS equipment,  $4,000 for  operating 
with excessive  power  at  night (exceeding  power  limits),  and 
$3,000  for  violation  of   transmitter  control  and   metering 
requirements.11  Section 503(b)(2)(D) of  the Act requires us  to 
take into account  ``... 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.''12   The 
Field Office  officially  notified  Sycamore  of  each  of  these 
violations as a result of  the station inspection and  monitoring 
in January, 1999.  Sycamore responded  to the Commission that  it 
had corrected, or would correct, all of the violations.  Sycamore 
repeated the same violations as  evidenced by the monitoring  and 
station inspection  in February,  2002.  Considering  the  entire 
record and applying the statutory factors listed above, this case 
warrants a $25,000 forfeiture.


                      IV.  ORDERING CLAUSES

     15.  Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications Act  of  1934, as  amended,13  and 
Sections 0.111,  0.311  and  1.80 of  the  Commission's  Rules,14 
Sycamore Valley  Broadcasting, Inc.  is  hereby NOTIFIED  of  its 
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty  five 
thousand dollars ($25,000) for willful and repeated violation  of 
Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the 
Commission's Rules.15

     16.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,16 within thirty days of the release  date 
of  this   NOTICE   OF  APPARENT   LIABILITY,   Sycamore   Valley 
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.

     17.  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 MUST  INCLUDE 
the NAL/Acct. No. and FRN referenced in the letterhead above.

     18.  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. and FRN referenced in the letterhead above.

     19.  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.  

     20.  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. 20554.17 

     21.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Sycamore Valley Broadcasting, Inc. at Radio  Station 
WQSV, P. O. Box 619, Ashland City, TN  37015.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau

              

                         
_________________________

1 47 C.F.R.  11.52(d), 11.61(a), 17.50, 73.1400, and 73.1745(a)
2 47 C.F.R.  73.1745(a)
3 47 C.F.R.  11.52(d)
4 47 C.F.R.  11.61(a)
5 47 C.F.R.  17.50
6 47 C.F.R.  73.1400
7 47 C.F.R.  73.1745(a)
8 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''
9 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
10 47 C.F.R.  11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a)
11 47 C.F.R.  1.80(b)(4)
12 47 U.S.C.  503 (b)(2)(D)
13 47 U.S.C.  503(b).
14 47 C.F.R.  0.111, 0.311, 1.80.
15 47 C.F.R.  11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a)
16 47 C.F.R.  1.80.
17 See 47 C.F.R.  1.1914.