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

In the Matter of                 )
                                )
Radio 810 Nashville,             )       File Number EB-02-AT-100
Incorporated                     )     NAL/Acct. No. 200232480004
Licensee of Radio Station WMGC,  )             FRN  0006-3776-00
Murfreesboro, Tennessee          )
Evansville, IN  47714            )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  June 18, 2002

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that  Radio  810 Nashville,  Incorporated  (``Radio  810''), 
licensee  of   radio  station   WMGC,  Murfreesboro,   Tennessee, 
willfully  violated  Sections   73.1215(a),  73.1350(d)(2),   and 
73.1745(a) of the Commission's Rules (``Rules'').1  Specifically, 
Radio 810  failed  to  maintain  properly  calibrated  indicating 
instruments, failed to terminate broadcast operation as  required 
when the station  operated in non-compliance  with the  technical 
rules, and exceeded the  authorized transmitter power by  failing 
to  reduce  power   at  sunset.   The   violations  of   Sections 
73.1350(d)(2) and 73.1745(a)  also are  repeated violations.   We 
conclude that  Radio 810  Nashville, Incorporated  is  apparently 
liable for a  forfeiture in  the amount of  ten thousand  dollars 
($10,000).

                         II.  BACKGROUND

     2.  On March 26, 2002, the Federal Communications Commission 
(``FCC'')  Enforcement  Bureau's  Atlanta  Field  Office  ("Field 
Office")  received  information  that   radio  station  WMGC   in 
Murfreesboro, Tennessee, failed to reduce transmitter power after 
sunset as required by the station authorization. 

     3. On April 16, 2002 an agent of the Field Office  monitored 
WMGC's signal. Field strength measurements revealed that WMGC did 
not reduce transmitter power at sunset as required by the station 
authorization, but remained  at daytime  power in  excess of  the 
authorized nighttime power of 6  watts until 8:10 pm CDT.   Local 
sunset was 7:15 pm CDT in April.

     4. On April  17, 2002, an  agent of the  Field Office  again 
monitored WMGC's  signal.  Field  strength measurements  revealed 
that WMGC did not reduce transmitter power at sunset as  required 
by the station  authorization, but remained  at daytime power  in 
excess of the authorized nighttime power of 6 watts until 8:10 pm 
CDT.

     5. On April 18, 2002, an agent of the Field Office inspected 
station WMGC.  The agent found the station's antenna base current 
meter at the authorized  daytime power level  of 5000 watts  read 
9.2 amperes when it  should have read 13.8  amperes, an error  of 
4.6 amperes.  In addition, the  base current meter, when used  to 
measure nighttime power levels of  6 watts, had a minimum  normal 
indication of approximately  0.47 amperes,  but the  meter had  a 
full-scale reading of more than 42 times that indication.


     
                      III.      DISCUSSION

     6.  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.  WMGC operated 
with daytime power on  April 16 and April  17, 2002, after  local 
sunset  until  8:10  p.m.  local  time.   Also,  field   strength 
measurements of WMGC's nighttime power indicated a power level in 
excess of the 6 watts  authorized.  Section 73.1350(d)(2) of  the 
Rules requires AM  stations to terminate  operation within  three 
minutes in the event the station operates in a mode not specified 
by the station license for the pertinent time of day or hours  of 
operation.  On April 16 and 17, 2002, WMGC operated with  daytime 
transmitter power  during nighttime  hours from  local sunset  at 
7:15 p.m. until 8:10 p.m. local time.  Section 73.1215(a) of  the 
Rules  provides  specifications   for  linear  scale   indicating 
instruments.  Specifically,  Section 73.1215(a)(2)  of the  Rules 
requires that linear scale instruments be accurate to at least 2% 
of the full-scale reading.  The  base current meter was a  linear 
scale meter with a  full scale of 20  amperes, thus requiring  an 
accuracy of  at least  0.4 amperes.   On April  18, 2002,  WMGC's 
antenna base current  meter reading  for daytime  power read  9.2 
amperes when it should  have read 13.8  amperes, a difference  of 
4.6 amperes.  Also, Section  73.1215(a)(5) of the Rules  requires 
linear scale instruments to have a full-scale reading not greater 
than five times  the minimum normal  indication.  For  authorized 
nighttime power of 6 watts,  the normal current reading would  be 
approximately 0.47 amperes.  The  full-scale reading of the  base 
current meter was 20  amperes, or more  than forty-two times  the 
minimum normal indication.

     7.  Based on the evidence  before us, we find that on  April 
16 and 17,  2002, Radio 810  Nashville, Incorporated  repeatedly2 
and willfully3 violated Sections 73.1350(d)(2) and 73.1745(a)  of 
the Rules,  and on  April 18,  2002, willfully  violated  Section 
73.1215(a) of the Rules.

     8. Pursuant to Section 1.80(b)(4) of the Commission's Rules, 
the base  forfeiture amounts  for the  violations cited  in  this 
notice are: $4,000  for operating with  excessive power at  night 
(exceeding  power  limits),  $3,000  for  failure  to   terminate 
broadcast  operation  when  required  (violation  of  transmitter 
control and  metering requirements),  and $3,000  for failure  to 
maintain properly calibrated  monitoring equipment (violation  of 
transmitter  control   and  metering   requirements).4    Section 
503(b)(2)(D) of  the  Communications  Act  of  1934,  as  amended 
(``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  The  Field Office  received  complaints 
concerning WMGC's overpower operation at night.  Considering  the 
entire record and  applying the statutory  factors listed  above, 
this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     9.  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 
Commission's Rules,7 Radio 810 Nashville, Incorporated is  hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of ten  thousand  dollars  ($10,000)  for  repeated  and  willful 
violation of Sections 73.1350(d)(2), and 73.1745(a), and  willful 
violation of Section 73.1215(a) of the Rules.

     10.  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,   Radio  810   Nashville, 
Incorporated SHALL PAY the full amount of the proposed forfeiture 
or  SHALL  FILE   a  written  statement   seeking  reduction   or 
cancellation of the proposed forfeiture.

     11.  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.

     12.  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.

     13.  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.  

     14.  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. 20554.8 

     15.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Radio 810 Nashville, Incorporated at Radio 
Station WMGC, 4314 Cherry Court, Evansville, IN 47714.


                              FEDERAL COMMUNICATIONS COMMISSION
                         


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

1 47 C.F.R.  73.1215(a), 73.1350(d)(2), and 73.1745(a)
2 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.''
3 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).
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.