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


                                )
In the Matter of                   )         File No. EB-02-PA-
328
                                )
Broadcast Learning Center, Inc. )       NAL/Acct.             No. 
200332400004
WHS405                          )
Cherry Hill, New Jersey         )       FRN: 0007-83-6190
                                )          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: January 6, 2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Broadcast Learning Center, Inc.  (``BLCI'') 
has apparently  violated Section  74.532(e) of  the  Commission's 
Rules  (the  ``Rules'')1  by  operating  station  WHS405  at   an 
unauthorized location.   We  conclude  that  BLCI  is  apparently 
liable for a forfeiture  in the amount  of four thousand  dollars 
($4,000).

                         II.  BACKGROUND

     2.   The license  for  station  WHS405  authorizes  BLCI  to 
operate an aural broadcast  auxiliary station on the  frequencies 
948.375 MHz and 948.625 MHz near the intersection of 11th  Street 
and Moss Avenue, Hammonton, New Jersey.  However, on October  15, 
2002, an  FCC agent  with the  Enforcement Bureau's  Philadelphia 
Office inspected the  station and found  that BLCI was  operating 
the station at an unauthorized location.  Specifically, BLCI  was 
operating  the  station  at  308  Dutton  Mill  Road,  Brookhaven 
Pennsylvania, which is over 30 miles from the site authorized  in 
the license. 

     3.   On October 21, 2002,  the Philadelphia Office issued  a 
Notice of Violation to  BLCI for operating  station WHS405 at  an 
unauthorized location, in violation  of Section 74.532(e) of  the 
Rules.  By  letter  dated  October 30,  2002,  BLCI  submitted  a 
response to  the  Notice of  Violation.   In the  response,  BLCI 
acknowledged to have operated station WHS405 at the  unauthorized 
location since  at  least  March  17,  1998.   BLCI  stated  that 
although it  had  filed an  application  with the  Commission  to 
relocate  the  station  to  308  Dutton  Mill  Road,  Brookhaven, 
Pennsylvania, it  was unaware  that the  Commission returned  the 
application on September 27, 1988.   BLCI stated that on  October 
24, 2002, it filed  another license modification application  and 
an application for Special Temporary Authority. 

                        III.  DISCUSSION

     4.   Section 74.532(e) of the Rules requires that each aural 
broadcast auxiliary  station  will  be licensed  at  a  specified 
transmitter location to  communicate with  a specified  receiving 
location, and the  direction of  the main radiation  lobe of  the 
transmitting antenna will be a term of the station authorization.  
Between March 17, 1998 and October 15, 2002, BLCI operated  aural 
broadcast auxiliary station WHS405 at an unauthorized location. 

     5.   Based on  the evidence  before us,  we find  that  BLCI 
willfully2 and  repeatedly3  violated Section  74.532(e)  of  the 
Rules.   The   Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of the  Rules  to  Incorporated  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement''),4 
sets the base  forfeiture amount  for operating a  station at  an 
unauthorized location  at  four thousand  dollars  ($4,000).   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 1934,5  (the ``Act''), as  amended, 
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.   Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  four  thousand  dollar ($4,000)  monetary  forfeiture  is 
warranted. 

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended6,  and 
Sections 0.111, 0.311 and 1.80  of the Commission's Rules7,  BLCI 
is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE  in 
the amount  of  four  thousand  dollars  ($4,000)  for  operating 
station WHS405  at  an  unauthorized location,  in  violation  of 
Section 74.532(e) of the Rules. 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules8, within thirty  days of the release  date 
of this NOTICE  OF APPARENT  LIABILITY, BLCI SHALL  PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     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 must  include 
the FCC  Registration Number  (FRN)  referenced above,  and  also 
should note the NAL/Acct. No. 200332400004.  
     9.   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. 200332400004 and  FRN: 
0007-83-6190.

     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 
submitted.  

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9 

     12.   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 [relevant  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.






     13.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Broadcast Learning  Center, Inc.  at 1445  Skippack 
Pike, Blue Bell, Pennsylvania 19422. 


                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              John E. Rahtes
                              District Director
                              Philadelphia Office


Attachment A - FCC's List for Small Entities



_________________________

1 47 C.F.R  74.532(e)  


2 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).

3 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.
4
 47 C.F.R.  1.80.

5 47 U.S.C  503(b)(2)(D).

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

7 47 C.F.R.  0.111, 0.311, 1.80.
8 47 C.F.R.  1.80.
9
 See 47 C.F.R.  1.1914.