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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
WHYZ Radio, L.P.                 )      File Number: EB-02-AT-128
Radio Station WCSZ (AM)          )       NAL/Acct.No.200232480002
11511 Dyrham Lane                )                   FRN: 0003-
Glen Dale, MD  30769             )             7751-78
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  April 18, 
                              2002


By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that WHYZ Radio, L.P. (``WHYZ'') apparently violated Section 
11.35(a) of the Commission's  Rules (``Rules'').1  The  violation 
occurred as a result of the failure of Radio Station WCSZ(AM)  to 
have operational Emergency Alert System (``EAS'') equipment.   We 
conclude that  WHYZ  Radio,  L.P.  is  apparently  liable  for  a 
forfeiture in the amount of eight thousand dollars ($8,000).

                         II.  BACKGROUND

     2.   On  April   4,  2002,   an  agent   from  the   Federal 
Communications  Commission's   (``FCC'')   Enforcement   Bureau's 
Atlanta Office conducted an inspection of the EAS installation of 
WCSZ(AM).  At the time of inspection, the EAS equipment, although 
present, was not installed and connected so as to be operational.  
There were no entries  in a station log  indicating that the  EAS 
equipment had  ever been  operational or  had been  taken out  of 
service for repair.


                        III.  DISCUSSION

     3.   Section  11.35(a)  of   the  FCC   Rules  states   that 
``[b]roadcast stations ... 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....''







     4.   Based on the evidence before us, we find that on  April 
4, 2002,  WCSZ  willfully2  violated  Section  11.35(a)3  of  the 
Commission's Rules.

     5.   Pursuant to Section 1.80(b)(4)4 of the Rules, the  base 
forfeiture amount for failure  to have operational EAS  equipment 
is $8,000.  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.''5 Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants an $8,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,6  and 
Sections 0.111, 0.311 and 1.80  of the Commission's Rules,7  WHYZ 
Radio, L.P. is hereby  NOTIFIED of its  APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of  eight thousand dollars ($8,000)  for 
failure to have operational EAS equipment.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,8 within thirty  days of the release  date 
of this NOTICE OF APPARENT LIABILITY, WHYZ Radio, L.P. 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. and FRN referenced in the letterhead above.





     9.   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.

     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:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.9 

 IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail  Return   Receipt 
Requested to WHYZ Radio,  L.P. at 11511  Dyrham Lane, Glen  Dale, 
Maryland 30769.  An  additional copy shall  be sent by  Certified 
Mail Return Receipt  Requested to  WCSZ (AM)  at 200  N. Hwy.  25 
Bypass, Greenville, South Carolina 29617.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Fred L. Broce
                              District Director
                              Atlanta Office, Enforcement Bureau
_________________________

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 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).
3 47 C.F.R.  11.35(a)
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 47 C.F.R.  1.80
9 See 47 C.F.R.  1.1914