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

In the Matter of                   )      File Number EB-02-OR-385
Chatterbox, Inc.                   )     NAL/Acct. No.200332620011
Licensee of WQXB(FM)               )
Grenada, Mississippi               )              FRN 0008-1877-18


                                   Released:  March 17, 2003 

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we   find  Chatterbox,   Inc.  (``Chatterbox''), 
licensee of FM broadcast station WQXB, Grenada, Mississippi, 
apparently  liable for  a forfeiture  in the  amount of  two 
thousand dollars ($2,000) for willful and repeated violation 
of  Section 11.61  of the  Commission's Rules  (``Rules'').1  
Specifically,  we  find  Chatterbox  apparently  liable  for 
failing to conduct required Emergency Alert System (``EAS'') 

                       II.  BACKGROUND

     2.   On  November  18,  2002, an  agent  from  the  FCC 
Enforcement  Bureau's   New  Orleans  Office   inspected  FM 
broadcast station WQXB in  Grenada, Mississippi.  During the 
course of the inspection, no  logs dated since 1999 could be 
produced reflecting any EAS events or reasons for failure to 
send and receive  required tests of the  EAS.  The President 
of Chatterbox  stated that  a computer  used to  control the 
station's  EAS  system  was  broken, that  the  station  had 
conducted no EAS  tests recently, and he  could not remember 
the last time the station conducted an EAS test.

                      III.  DISCUSSION

     3.  Section  11.61 of the  Rules states that  EAS tests 
must be  made at regular intervals.   Required Monthly Tests 
originate from EAS  Local or State Primary  sources and must 
be retransmitted  within 60  minutes of  receipt.2  Required 
Weekly  Tests must  be conducted  at  least once  a week  at 
random  days  and  times.3    Chatterbox  could  provide  no 
evidence of EAS tests performed  at station WQXB more recent 
than   log  entries   dated  June,   1999.  The   licensee's 
representative admitted  that tests  had not  been conducted 
and   that   equipment   controlling  the   EAS   unit   had 
malfunctioned.  In  addition, there  were no entries  in the 
station's log to indicate any  problem or malfunction of the 
EAS equipment as required by Section 11.35(b) of the Rules.4

     4.  Based on the evidence before us, we find Chatterbox 
willfully5  and repeatedly6  violated Section  11.61 of  the 
Rules by failing to conduct weekly and monthly EAS tests.

     5.   Section 1.80(b)(4)  of the  Rules7 sets  forth the 
base  amounts for  various  violations  of the  Commission's 
Rules.  The Rules do not  establish a base forfeiture amount 
for violating  the Commission's  rules requiring  EAS tests.  
Therefore we must determine an appropriate forfeiture amount 
for  this   violation.8   The  requirement   that  broadcast 
stations conduct  EAS tests  is similar  in both  nature and 
severity  to other  required operational  performance checks 
identified in the Rules as required measurements or required 
monitoring.  Section  1.80(b)(4) of the Rules  sets the base 
amount at  $2,000 for failure to  make required measurements 
or conduct  required monitoring.  Therefore, we  will assess 
the base forfeiture for failing  to conduct EAS tests in the 
amount  of $2,000.   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.9   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $2,000 forfeiture.

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,10 and Sections  0.111, 0.311 and 
1.80 of the Rules,11 Chatterbox, Inc., is hereby NOTIFIED of 
two  thousand  dollars  ($2,000) for  willful  and  repeated 
violation  of  Section 11.61  of  the  Rules by  failing  to 
conduct required Weekly and Monthly EAS tests.

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

     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 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.12

     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. referenced 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 
     11. 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.
     12. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested  to  Chatterbox,  Inc.,  P.O.  Box  946,  Grenada, 
Mississippi 38901.   


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 47 C.F.R.  11.61.

2 See 47 C.F.R.  11.61(a)(1)(v).  See also, Amendment of 
Part 11 of the Commission's Rules Regarding the Emergency 
Alert System, EB Docket No. 01-66, Report and Order, FCC 02-
64 (Feb. 26, 2002); 67 Fed Reg (April 16, 2002) (effective 
May 16, 2002, the required monthly EAS test must be 
transmitted within 60 minutes of receipt.)

3 See 47 C.F.R.  11.61(a)(2)(i)(A).

4 47 C.F.R.  11.35(b).

5 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 4387-88 

6 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).

7 47 C.F.R.  1.80(b)(4).

8 See The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines (``Forfeiture Policy Statement''), 12 
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 
The Forfeiture Policy Statement states that ``...any 
omission of a specified rule violation from 
the...[forfeiture guidelines]...should not signal that the 
Commission considers any unlisted violation as nonexistent 
or unimportant...'' Forfeiture Policy Statement, 12 FCC Rcd 
at 17099.  The Commission retains the discretion, moreover, 
to depart from the Forfeiture Policy Statement and issue 
forfeitures on a case-by-case basis, under its general 
forfeiture authority contained in Section 503 of the Act. 

9 47 U.S.C.  503(b)(2)(D).

10 47 U.S.C.  503(b).

11 47 C.F.R.  0.111, 0.311, 1.80.

12 See 47 C.F.R.  1.1914.