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

In the Matter of                )
                                )       File No. EB-02-DT-1240
WSJM, Inc.                      )       
Radio Station WGMY              )       NAL/Acct.             No. 
200332360005
South Haven, Michigan           )       
                                )       FRN: 0007 1714 32


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  April 17, 
2003

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find  that WSJM,  Inc.,  (?WSJM?), licensee  of  radio 
station WGMY,  South  Haven, Michigan,  has  apparently  violated 
Sections  11.52(d),   11.61(a)(2)(i)(A),  17.4(a),   17.47(a)(1), 
17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) 
of the Commission's Rules (?Rules?)1.  Respectively, these sections 
require that the station monitor two EAS sources specified in the 
State EAS Plan; conduct tests of the EAS header and EOM codes  at 
least once a  week at  random days  and times;  register the  two 
antenna structures;  observe the  antenna structure's  lights  at 
least once  each 24  hours  either visually  or by  observing  an 
automatic indicator  to insure  that all  lights are  functioning 
properly; exhibit  all red  obstruction lighting  from sunset  to 
sunrise; make log  entries concerning any  observed or  otherwise 
known extinguishment or  improper functioning of  a tower  light; 
make entries of each test  and activation of the Emergency  Alert 
System  (EAS);  and  make   log  entries  concerning  the   Chief 
operator's review of the station records at least once each week.  
We conclude that WSJM  is apparently liable  for a forfeiture  in 
the amount of nineteen thousand dollars ($19,000).

                         II. BACKGROUND

     2.   On September  23,  2002, the  Detroit  Office  received 
information indicating  that  the two  top  flashing  obstruction 
lights on each of two antenna  structures and the side lights  on 
one of the two antenna structures located at the corner of  Wells 
and Dunkey Streets  in South Haven,  Michigan were not  operating 
for two months.  A search  of the Antenna Structure  Registration 
database did not  contain any registered  structures in the  area 
reported.  A check of the AM broadcast band database showed  that 
a two tower directional license  was assigned to WSJM, Inc.   The 
South Haven  Police department  was  contacted and  requested  to 
observe the  tower  lights  after  sunset  to  determine  if  the 
complaint was still valid.
      
     3.   On September 24,  2002, the Detroit  Office received  a 
telephonic  report  from  the   South  Haven  Police   department 
confirming the tower light outages.  An agent contacted the  FAA, 
who subsequently notified  WSJM, Inc. of  the tower light  outage 
report and then issued a Notice to Airmen (NOTAM).

     4.   On November 20,  2002, agents from  the Detroit  Office 
conducted an inspection of WGMY's antenna structures.  No Antenna 
Structure Registration  Numbers  were  posted  and  all  required 
structure lighting was  operational.  On November  21, 2002,  the 
agents inspected  WGMY  with  studios  located  at  510  Williams 
Street, South Haven, Michigan and  at the main office located  at 
580 E. Napier, Benton Harbor, Michigan.    

     5.   As a result of the inspection of WGMY, the agents found 
several violations of FCC Rules, including failure to maintain  a 
copy of  the Emergency  Alert  System (EAS)  Operating  Handbook, 
failure to monitor  two EAS  sources specified in  the State  EAS 
Plan; failure to conduct tests of the EAS header and EOM codes at 
least once a week at random days and times for seven weeks during 
the period of September 1, 2002  to November 2, 2002; failure  to 
register the  two  antenna  structures; failure  to  observe  the 
antenna structure's lights  at least  once each  24 hours  either 
visually or by  observing an automatic  indicator to insure  that 
all lights are functioning properly  from at least September  18, 
2002 to September  24, 2002;  failure to report  the tower  light 
outages and repairs to  the Federal Aviation Administration  from 
at least  September 18,  2002 to  November 21,  2002; failure  to 
exhibit all red obstruction lighting from sunset to sunrise  from 
at least September  18, 2002  to September 24,  2002; failure  to 
make log  entries  concerning  any observed  or  otherwise  known 
extinguishment or improper functioning of  a tower light from  at 
least September 18, 2002 to  September 24, 2002; failure to  make 
entries of each test and activation of the Emergency Alert System 
(EAS) for four  weeks for  the local primary  station and  eleven 
weeks for the alternate local  primary station during the  period 
of September 1, 2002  to November 21, 2002;  and failure to  make 
log entries concerning the chief operator's review of the station 
records at least once each week.

     6.   On December 5, 2002, the FCC's Detroit Office issued  a 
Notice of Violation to WGMY for the FCC Rule violations.

     7.   On December 16, 2002, the FCC's Detroit Office received 
a reply dated December 13,  2002 indicating the corrective  steps 
instituted by WSJM, Inc.

                      III.      DISCUSSION

     8.   Section 11.52(d) requires that the station monitor  two 
EAS  sources   specified  in   the  State   EAS  Plan.    Section 
11.61(a)(2)(i)(A) requires that the station conduct tests of  the 
EAS header and EOM codes at least once a week at random days  and 
times.  Section  17.4(a) requires  that antenna  structures  that 
have  been  assigned   painting  or   lighting  requirements   be 
registered with  the  Commission.  Section  17.47(a)(1)  requires 
that  antenna  structures  which  have  been  assigned   lighting 
specifications  shall  make   an  observation   of  the   antenna 
structure's lights at least once each 24 hours either visually or 
by observing an automatic properly maintained indicator  designed 
to  register  any  failure  of  such  lights.   Section  17.51(a) 
requires that  all red  obstruction  lighting be  exhibited  from 
sunset to sunrise.   Section 73.1820(a)(1)(i)  requires that  log 
entries be made of any observed or otherwise known extinguishment 
or   improper   functioning   of   a   tower   light.     Section 
73.1820(a)(1)(iii) requires that log entries be made of each test 
and activation  of the  Emergency  Alert System  (EAS).   Section 
73.1870(c)(3) requires that the  chief operator make log  entries 
concerning the review of the  station records at least once  each 
week.

     9.   Based on  the evidence  before us,  we find  that  WSJM 
willfully1 and  repeatedly2 violated  Sections  73.1820(a)(1)(i), 
73.1820(a)(1)(iii) and  73.1870(c)(3)  for  failure  to  maintain 
required  records;   Sections  11.52(d),  11.61(a)(2)(i)(A),  and 
17.47(a)(1) for failure to make required measurements or  conduct 
required monitoring regarding EAS monitoring sources, EAS  tests, 
and observation  of  the  antenna  structure's  lights;  Sections 
17.4(a)  for  failure  to  file  required  forms  or  information 
regarding the  registration of  the two  antenna structures;  and 
Section 17.51(a) for failure  to comply with prescribed  lighting 
and/or marking.  The Commission's Forfeiture Policy Statement and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (?Forfeiture Policy Statement?)3, sets 
the base  forfeiture amount  at $1,000  for failing  to  maintain 
required  records,   $2,000   for  failure   to   make   required 
measurements or  conduct required  monitoring, $3,000  each  (two 
towers) for failure to file required forms or information for the 
two antenna structures  and $10,000  for failure  to comply  with 
prescribed lighting and/or  marking.  In  assessing the  monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of  1934,4  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.  The record reveals that WSJM has a  history 
of  compliance.  Applying the Forfeiture Policy Statement and the 
statutory factors to the instant case and applying the  inflation 
adjustments, we believe that a nineteen thousand dollar ($19,000) 
monetary forfeiture is warranted.

                      IV. ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules6, WSJM, Inc. is hereby  NOTIFIED of its APPARENT  LIABILITY 
FOR A  FORFEITURE  in the  amount  of nineteen  thousand  dollars 
($19,000)  for  willful  and  repeated  violation  of   11.52(d), 
11.61(a)(2)(i)(A),      17.4(a),      17.47(a)(1),      17.51(a), 
73.1820(a)(1)(i), 73.1820(a)(1)(iii),  and 73.1870(c)(3)  of  the 
Rules.

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,  within thirty (30)  days of the  release 
date of this NOTICE OF  APPARENT LIABILITY, WSJM, INC. SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     12.  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. 200332360005, FRN: 0007 1714 32.

     13.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE the NAL/Acct. No. 200332360005, FRN:  0007 
1714 32.

     14.  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.

     15.  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. 20554.7 

     16.  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  and Public  Safety 
Division, Enforcement Bureau, Federal Communications  Commission, 
445 12th Street S.W., Washington, D.C. 20554.  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 any questions regarding any of the information contained  in 
Attachment A, please contact OCBO at (202) 418-0990.

     17.  IT IS  FURTHER ORDERED  THAT  this NOTICE  OF  APPARENT 
LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested, to  WSJM, Inc.,  P.O. Box  107, St.  Joseph,  Michigan  
49085.

                                FEDERAL            COMMUNICATIONS 
COMMISSION





                                James A. Bridgewater
                                District Director
                                Detroit Office 

Attachment A - FCC List of Small Entities, October 2002
_________________________

1 47 C.F.R.  11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 
17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 
73.1870(c)(3).
1 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).
2 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.
347 C.F.R.  1.80.
4 47 U.S.C.  503(b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, and 0.311.
7 See 47 C.F.R.  1.1914.