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


In the Matter of                   )      File Number EB-02-OR-387
                                     )
Jesse C. Ross and Ernestine A.     )     NAL/Acct. No.200332620013
Ross                               )
Licensee of Broadcast Station      )              FRN 0008-2084-15
WSAO(AM) and                       )
   Owner of the Antenna Structure 
at N34 36' 56'' x     W089 56' 
09''   
Senatobia, Mississippi
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released:  March 18, 2003 

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we find  Jesse  C. Ross  and  Ernestine A.  Ross 
(``Ross''), licensee  of radio station  WSAO(AM), Senatobia, 
Mississippi and owner of the  antenna structure at North 34 
36' 56'' latitude, West  089 56' 09'' longitude, apparently 
liable for a forfeiture in the amount of twenty-one thousand 
dollars ($21,000) for willful violation of Sections 11.35(a) 
and 73.3526(c)(1) of the Commission's Rules (``Rules''), and 
willful  and repeated  violation of  Section 17.4(a)  of the 
Rules.1  Specifically,  we find  Ross apparently  liable for 
failing  to  maintain  operational  Emergency  Alert  System 
(``EAS'')  equipment,   failing  to  register   its  antenna 
structure, and failing to make all of the required documents 
of  the  public  inspection file  available  during  regular 
business hours.

                       II.  BACKGROUND

     2.   On  November  20,  2002, an  agent  from  the  FCC 
Enforcement Bureau's New  Orleans Office inspected WSAO(AM).  
At the time  of the inspection, the  station's EAS equipment 
was not functioning because the encoder/decoder unit was not 
connected  to any  operating receivers  in order  to monitor 
incoming  alert signals  or tests.   Station personnel  were 
unable to produce  any logs noting that EAS  tests were sent 
or received, or any notation  that the unit had been removed 
from service for repair.  In addition, the antenna structure 
registration number  was not  displayed at  the base  of the 
structure, although the structure is  205 feet in height and 
is  painted  and lighted.   The  antenna  structure did  not 
appear in  the FCC's Antenna Structure  Registration records 
and  station personnel  could provide  no evidence  that the 
antenna  structure  had  been registered.   Mr.  Ross  later 
acknowledged   that  Ross   owned  the   antenna  structure.  
Finally, the station's public inspection file consisted of a 
box  of  loose  papers  that contained  only  the  station's 
contour map and licensee renewal information. 

                      III.  DISCUSSION

     3.  Section 11.35(a) of the Rules states that broadcast 
stations and  cable systems  and wireless cable  systems 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 that 
the stations or  systems are in operation.   On November 20, 
2002, the station's EAS equipment was not operational as the 
encoder/decoder was  not attached to operating  receivers to 
monitor for alerts.   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.2

     4.   Section 17.4(a)  of  the Rules  requires that  the 
owner of  any proposed  or existing structure  that requires 
notice  of proposed  construction  to  the Federal  Aviation 
Administration  (``FAA'') must  register the  structure with 
the  Commission.    Ross  is  the  owner   of  this  antenna 
structure.  Ross'  antenna structure requires notice  to the 
FAA,   and  thus   Commission   registration,  because   the 
structure's height  exceeded 200  feet.3  Ross did  not have 
their antenna structure in Senatobia, Mississippi registered 
with the Commission.

     5.  Section 73.3526(c)(1) of  the Rules requires that a 
station's public inspection file be available for inspection 
at any  time during regular business  hours.  During regular 
business hours  on November  20, 2002, papers  identified by 
station personnel  as the  station's public  inspection file 
contained only  two of the  required items: the  contour map 
for WSAO(AM) and the most recent license renewal. 

     6.   Based on  the  evidence before  us,  we find  Ross 
willfully4 violated  Sections 11.35(a) and  73.3526(c)(1) of 
the  Rules and  willfully and  repeatedly5 violated  Section 
17.4(a) of the Rules by  failing to maintain operational EAS 
equipment, failing to register  their antenna structure, and 
failing  to have  all  required documents  in the  station's 
public inspection file available  for inspection at any time 
during regular business hours.

     7.  Pursuant  to Section 1.80(b)(4) of  the Rules,5 the 
base  forfeiture amount  for failing  to have  EAS equipment 
installed  or operational  is  $8,000,  the base  forfeiture 
amount  for  failure  to   register  the  antenna  structure 
(failure to  file required  forms) is  $3,000, and  the base 
forfeiture amount  for public inspection file  violations is 
$10,000.  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 a $21,000 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 Jesse C.  Ross and Ernestine A. Ross are 
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE 
in the  amount of twenty-one thousand  dollars ($21,000) for 
willful violation of Sections  11.35(a) and 73.3526(c)(1) of 
the  Rules and  willful  and repeated  violation of  Section 
17.4(a) of the Rules by  failing to maintain operational EAS 
equipment, failing  to register  the antenna  structure, and 
failing  to have  all  required documents  of the  station's 
public  inspection  file  available  for  inspection  during 
regular business hours.

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Jesse C. Ross and  Ernestine A. Ross 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 Jesse  C. Ross and Ernestine A.  Ross, P.O. Box 
190, Senatobia, Mississippi  38668.   


                         FEDERAL COMMUNICATIONS COMMISSION





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

Attachment
_________________________

1 47 C.F.R.  11.35(a), 17.4(a), and 73.3526(c)(1).

2 47 C.F.R.  11.35(b).



3 See 47 C.F.R.  17.7(a).



4 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).



5 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.