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                   )      File Number EB-02-OR-386
                                     )
Billy R. Autry                     )     NAL/Acct. No.200332620012
Licensee of WKRA(AM)               )
Holly Springs, Mississippi         )              FRN 0004-9301-45
                                  )






         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   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 Billy R. Autry  (``Autry''), licensee of 
radio   station   WKRA(AM),  Holly   Springs,   Mississippi, 
apparently liable for  a forfeiture in the  amount of eleven 
thousand dollars ($11,000) for  willful violation of Section 
73.49 of the Commission's Rules (``Rules''), and willful and 
repeated  violation  of  Section   73.1745  of  the  Rules.1  
Specifically, we find Autry apparently liable for failing to 
enclose  the station's  antenna within  an effective  locked 
fence  or other  enclosure, operating  with excessive  power 
during  post-sunset   hours,  and  failing   to  discontinue 
operation at night.

                       II.  BACKGROUND

     2.  On November 18 and November 19, 2002, an agent from 
the FCC  Enforcement Bureau's  New Orleans  Office monitored 
WKRA(AM)'s signal  from before sunset, through  sundown, and 
into the nighttime  hours until 10 PM  Central Standard Time 
(``CST'').  The agent  conducted field strength measurements 
of  the  station's  signal   during  this  time  period  and 
determined that WKRA(AM) failed to  reduce power or to cease 
operation in accordance with its station authorization.2

     3. On November 20, 2002, the agent inspected WKRA(AM)'s 
antenna tower which has radio  frequency energy at the base.  
The fence enclosing the antenna  tower had its gate unlocked 
and  ajar  and had  one  hinge  broken.  There was  also  no 
perimeter fence  or other  enclosure to prevent  anyone from 
gaining access to the base of the tower.

                      III.  DISCUSSION

     4.  Section  73.49 of  the Rules requires  that antenna 
towers  having  radio frequency  potential  at  the base  be 
enclosed within effective locked fences or other enclosures.  
On  November  20, 2002,  WKRA(AM)'s  antenna  tower was  not 
enclosed  within   an  effective   locked  fence   or  other 
enclosure. 

     5.   Section 73.1745  of the  Rules states  that ``[n]o 
broadcast station shall  operate at times, or  with modes or 
power,  other than  those  specified and  made  part of  the 
license,   unless  otherwise   provided   in  this   part.''  
WKRA(AM)'s license authorizes daytime-only operation and the 
station  must  either  discontinue operation  at  sunset  or 
reduce power  to the minimal  levels specified in  the post-
sunset  authority  at  the  times  indicated.   However,  on 
November 18, 2002 and November  19, 2002, WKRA(AM) failed to 
reduce  power to  the  levels indicated  in its  post-sunset 
authority, remaining  on daytime power throughout  this time 
period.   Furthermore,   WKRA(AM)  failed   to   discontinue 
operation after  the post-sunset authority and  continued to 
operate  for  at   least  three  hours  past   the  time  to 
discontinue operation.

     6.   Based on  the evidence  before us,  we find  Autry 
willfully3 violated Section 73.49 of the Rules by failing to 
provide an  effective locked  fence enclosing  the station's 
antenna  tower,  and   willfully  and  repeatedly4  violated 
Section 73.1745 of  the Rules by failing to  reduce power at 
sunset and then discontinue  operation after the post-sunset 
authority.

     7. Pursuant  to Section  1.80(b)(4) of the  Rules,5 the 
base  forfeiture amount  for violations  involving AM  tower 
fencing  is  $7,000,  and  the base  forfeiture  amount  for 
exceeding power limits is $4,000.  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.6 
Considering  the  entire  record and  applying  the  factors 
listed above, this case warrants an $11,000 forfeiture.

                    IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Rules,8  Billy R. Autry  is hereby  NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
eleven thousand  dollars ($11,000) for willful  violation of 
Section  73.49  of  the  Rules  by  failing  to  provide  an 
effective  locked  fence  enclosing  the  station's  antenna 
tower, and willful and repeated violation of Section 73.1745 
of the  Rules by operating  with excessive power  during the 
post- sunset authority hours and then failing to discontinue 
operation.

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

     10. 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. 20554.9

     11. The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street S.W., Washington, DC 20554, Attn: Enforcement Bureau-
Technical  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above. 

     12.  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.
  
     13. 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.




     14. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent by regular mail and Certified Mail Return Receipt 
Requested to Billy R. Autry, 145 Memphis Street, Holly 
Springs, Mississippi  38635.   


                         FEDERAL COMMUNICATIONS COMMISSION





                         James C. Hawkins
                         District   Director,  New   Orleans 
Office
                         Enforcement Bureau



Attachment
_________________________

1 47 C.F.R.  73.49 and 73.1745.



2 WKRA(AM) is a daytime-only station, licensed to operate at 
1000 watts.  The station has post-sunset authority in the 
month of November of 5.8 watts from 5:00 to 6:00 PM CST and 
then 3.8 watts from 6:00 to 7:00 PM CST.  The station has no 
authority to operate beyond 7:00 PM CST.

3 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(1991).



4  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).



5 47 C.F.R.  1.80(b)(4).



6 47 U.S.C.  503(b)(2)(D).



7 47 U.S.C.  503(b).



8 47 C.F.R.  0.111, 0.311, 1.80.

9

 See 47 C.F.R.  1.1914.