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

In the Matter of                   )
                                   )
New River Valley Radio Partners,   )      File Number EB-03-NF-020
LLC                                )
Licensee of WFNR Blacksburg,       )    NAL/Acct. No. 200332640006
Virginia                           )
And Owner of                       )                   FRN 7170764
Antenna Structures 1016736,        )
1016737 & 1016738
In Christiansburg, Virginia
Reston, Virginia

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released: July 7, 2003

By the Enforcement Bureau, Norfolk Office:

                      I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find   New  River  Valley  Radio 
Partners,  LLC (``NRVRP''),  licensee  of  AM station  WFNR, 
Blacksburg, Virginia and owner of WFNR's antenna structures, 
1016736,  1016737 and  1016738 in  Christiansburg, Virginia, 
apparently liable for a forfeiture  in the amount of twenty-
five  thousand dollars  ($25,000) for  willful and  repeated 
violation  of  Sections 11.35(a),  17.50  and  73.49 of  the 
Commission's  Rules  (``Rules'').1   Specifically,  we  find 
NRVRP  apparently   liable  for  failing  to   maintain  the 
operational readiness  of its EAS equipment,  for failing to 
maintain good  visibility of its antenna  structures and for 
failing to  maintain effective fencing around  its energized 
AM antenna towers.

                       II. BACKGROUND

     2.   NRVRP is the licensee of WFNR, Blacksburg, 
Virginia.  The WFNR license authorizes broadcasts with 10.5 
watts on 0.710 MHz only during the day from a three-tower 
array in Christiansburg, Virginia.  

     3.   NRVRP is also the owner of the WFNR three-tower 
array with antenna structure registration numbers of 
1016736, 1016737 and 1016738.  While the FCC Antenna-
Structure Registration database listed Travis Broadcasting 
Corporation as the owner of the WFNR three-tower-array, an 
attorney for Travis Broadcasting Corporation and the WFNR 
Manager, who is also a partial owner of WFNR, said ownership 
belonged to NRVRP.  The three structures are 104.6 meters 
above ground with a prescription for painting and lighting 
per FCC paragraphs 1, 3, 12 and 21.  

     4.   On March 24, 2003, an agent of the Commission's 
Norfolk Field Office (``Norfolk Office'') noted that the 
WFNR antenna structures were poorly visible from less than a 
quarter mile away.  On March 27, 2003, the agent noted that 
the three structures contained areas of chipped paint that 
exposed the metal of the structures and that faded paint 
failed to match colors specified in section 17.23 of the 
Rules.2  After interviewing persons that were involved with 
the operations of WFNR, the Norfolk agent learned that by 
one account, at least ten months had passed between the time 
the WFNR management was informed of the need for re-painting 
the towers and the time of the Norfolk agent's observation, 
while by another account, twenty-two months had passed.  

     5.   On March 27, 2003, after WFNR's personnel were 
unable to locate logs of recent EAS tests or of recent EAS 
message receipts, the Norfolk agent asked operators to 
conduct EAS tests.  On March 27, and on March 28, 2003, WFNR 
failed to transmit EAS tests when operators tried to conduct 
tests; and in both instances, operators said that WFNR had 
been having problems with the EAS equipment.  After speaking 
with WFNR's operators, and after review of WFRN's station 
logs, the Norfolk agent noted that for four months, WFNR 
failed to receive and re-transmit monthly EAS tests and it 
failed to receive EAS messages.  He also noted that for 15 
weeks, WFNR failed to conduct weekly EAS tests and it failed 
to receive weekly EAS tests.  In addition, WFNR's logs were 
without notation of failed EAS test attempts or of problems 
with EAS equipment.  On April 29, 2003, WFNR's consulting 
engineer told the Norfolk agent that a bad cold-solder joint 
had prevented the successful operation of WFNR's EAS 
equipment, and that he had been asked by WFNR to repair the 
EAS equipment in February 2003 but his workload had 
precluded the repairs at that time.  

     6.   On March 27, 2003, the Norfolk agent observed WFNR 
in operation  with unlocked  fence gates around  its eastern 
(1016736) and  western (1016738)  antenna towers.   Both the 
station manager and a station operator admitted knowing that 
effective fencing was required, but  they said that they did 
not know who removed the locks  or of how long the two fence 
gates were without locks.  The operator admitted that at his 
last scheduled weekly  check of the transmitter  site (on or 
before March 22, 2003), he failed to check tower fencing.  

                       III. DISCUSSION

     7.   Section 11.35(a) of the Rules requires broadcast 
stations to ensure that its EAS equipment is installed so 
that the monitoring and transmitting functions are available 
during the times the stations and systems are in operation.  
On at least March 27, and on March 28, 2003, WFNR's EAS 
equipment was inoperable.  WFNR logs for the period November 
19, 2002 to March 27, 2003, showed no monthly EAS tests 
received or sent; no EAS messages received; for 15 weeks 
during that period, no weekly EAS tests; no explanation of 
failure to receive such tests and activations; and no 
entries showing EAS equipment had been removed from service 
for repair.3 

     8.   Section 17.50  requires tower  owners to  clean or 
repaint their  antenna structures  as often as  necessary to 
maintain  good  visibility.    The  WFNR  antenna  structure 
registrations prescribed  painting, but on March  24 and 27, 
2003,  the  structures' paint  was  chipped  and faded,  and 
contrasting color bands could not  be seen clearly from less 
than one-quarter mile away,  resulting in poor visibility of 
the  structures' markings.   According  to persons  involved 
with the  operations of  WFNR, the structures'  markings had 
exhibited poor visibility for at least ten months prior.
 
     9.   Section  73.49   requires  licensees   to  provide 
effective locked  fencing or other enclosure  around antenna 
towers with  radio frequency  potential at their  bases.  On 
March  27, 2003,  while WFNR  was in  operation, two  of its 
three antenna-tower base fences were without gate locks.

     10.  Based  on the  evidence before  us, we  find NRVRP 
willfully4 and repeatedly5 violated Sections 11.35(a), 17.50 
and  73.49  of  the  Rules.   Specifically,  we  find  NRVRP 
apparently liable  for failing  to maintain  the operational 
readiness of its EAS equipment, for failing to maintain good 
visibility  of its  antenna  structures and  for failing  to 
maintain  effective   locked  fencing  around  all   of  its 
energized AM antenna towers.  

     11.  Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base  forfeiture   amount  for   failing  to   maintain  the 
operational readiness  of its  EAS equipment is  $8,000; the 
amount  for  failing  to  maintain good  visibility  of  its 
antenna structures is $10,000, and the amount for failing to 
maintain effective  fencing around its energized  AM antenna 
towers  is $7,000.   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 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.7  Considering 
the  entire record  and applying  the factors  listed above, 
this case warrants a $25,000 forfeiture. 

                    IV. ORDERING CLAUSES

     12.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80  of  the Rules,9  NRVRP,  is  hereby NOTIFIED  of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-
five  thousand dollars  ($25,000) for  willful and  repeated  
violation of Sections 11.35(a), 17.50 and 73.49 of the Rules 
for failing to maintain the operational readiness of its EAS 
equipment, for  failing to  maintain good visibility  of its 
antenna  structures and  for failing  to maintain  effective 
fencing around its energized AM antenna towers.

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

     14.  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. 20554.10

     15.  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.  

     16.  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.  

     17.  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.

     18.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to New River Valley  Radio Partners, LLC; 
1930 Isaac Newton Square, Suite 207; Reston, VA, 22090.   

                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         Joseph P. Husnay
                         Resident Agent, Norfolk Office, 
Enforcement Bureau

AttachmentNew River Valley Radio Partners LLC
1930 Isaac Newton Square
Suite 207
Reston VA  22090

New River Valley Radio Partners LLC
1930 Isaac Newton Square
Suite 207
Reston VA  22090


_________________________

1 47 C.F.R.  11.35(a), 17.50 and 73.49.

2 47 C.F.R.  17.23.

3 EAS tests and activations, failure to receive such tests 
and activations, and EAS equipment malfunctions must be 
recorded in the station log.  See 47 C.F.R.  11.35(a)-(b), 
11.54(b)(12), 11.55(c)(7) and 11.61(b).

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).

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.