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


In the Matter of                   )         
                                )       File No. EB-02-PA-371
                                )
Mega Communications of Camden Licensee, L.L.C.    )         
NAL/Acct. No. 200332400011
WEMG                            )
New York, New York              )       FRN: 0006-14-5031


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: March 28, 2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that  Mega Communications of Camden  Licensee, 
L.L.C. (``Mega''), the  licensee of  broadcast station  WEMG(AM), 
Camden, New Jersey, has  apparently violated Section 11.35(a)  of 
the Commission's Rules (the  ``Rules'').1  This section  requires 
that stations make entries in the logs indicating the reasons why 
any Emergency Alert System (``EAS'') tests were not received.  We 
conclude that Mega is apparently  liable for a forfeiture in  the 
amount of one thousand dollars ($1,000).  

                         II.  BACKGROUND

     2.   On November  18, 2002,  an agent  from the  Enforcement 
Bureau's Philadelphia  Office  inspected  the  EAS  equipment  of 
station WEMG.  The  EAS equipment  was located  at the  station's 
main  studio   at  1080   North  Delaware   Avenue,  Suite   500, 
Philadelphia, Pennsylvania  19125-4330.  During  the  inspection, 
the agent  found  that WEMG  was  monitoring only  one  broadcast 
station for  EAS  activations.   WEMG  had  connected  two  radio 
receivers to  the  EAS equipment  to  monitor the  broadcasts  of 
stations WKDN and  WPST.  However,  only one  radio receiver  was 
properly tuned and monitoring the broadcasts of WKDN.  The  other 
radio receiver was not monitoring  the broadcasts of any  station 
because the unit's tuning had drifted.  

     3.   The agent reviewed  the EAS  logs for  station WEMG  to 
determine if it was receiving all of the EAS tests from broadcast 
stations WKDN  and WPST.   The agent  found that  WEMG failed  to 
receive a Required Weekly Test (``RWT'') from WPST between  March 
13, 2002 and May 12, 2002,  between May 15, 2002 and November  2, 
2002 and between November 4,  2002 and November 18, 2002.   There 
were no entries in  the WEMG station  logs explaining the  reason 
why the EAS tests were not received.   

                        III.  DISCUSSION

     4.   Section 11.35 of the  Rules requires that AM  broadcast 
stations 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 monitoring  and 
transmitting functions are available during the time the  station 
and system are  in operation.   Additionally, broadcast  stations 
must determine  the cause  of  any failure  to receive  tests  or 
activations  specified   in   Section   11.61(a)(1)   and   (2).2  
Appropriate entries must be made in the broadcast station log  as 
specified  in  Section  73.1820  and  73.1840  of  this   chapter 
indicating the reasons  why any tests  were not received.3   WEMG 
failed to receive a RWT from WPST between March 13, 2002 and  May 
12, 2002, between May 15, 2002  and November 2, 2002 and  between 
November 4, 2002 and November 18, 2002.  There were no entries in 
the WEMG EAS logs explaining why the EAS tests were not received, 
or any  indication that  the station's  chief operator  or  other 
personnel attempted to  identify the source  of any problem  with 
the EAS equipment. 

     5.   Based on  the evidence  before us,  we find  that  WEMG 
willfully4 and  repeatedly5  violated  Section  11.35(a)  of  the 
Rules.   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''),6 
sets the base forfeiture amount for failure to maintain  required 
records at $1,000.  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 1934,7  (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 one  thousand  dollar  ($1,000) 
monetary forfeiture is warranted. 

                      IV.  ORDERING CLAUSES

     6.   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 Mega is hereby NOTIFIED  of its APPARENT LIABILITY FOR  A 
FORFEITURE in the amount of one thousand dollars ($1,000) for its 
failure to maintain required records. 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT  LIABILITY, Mega  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 should note the 
NAL/Acct. No. 200332400011 and FRN: 0006-14-5031.  

     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. 200332400011 and  FRN: 
0006-14-5031. 

     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. 20554.10

     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 Technical  and 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.

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to Mega  Communications of  Camden  Licensee, 
L.L.C., 8121 Georgia Avenue  10th Floor, Silver Spring,  Maryland 
20910.


                                   FEDERAL         COMMUNICATIONS 
COMMISSION




                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office



Attachment A - FCC's List of Small Entities
_________________________

1 47 C.F.R.  11.35(a). 

2 47 C.F.R.  11.61(a)(1), and 11.61(a)(2).

3 47 C.F.R.  73.1820, and 73.1840.

4 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).

5 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.

6 47 C.F.R.  1.80.

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

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

9 47 C.F.R.  0.111 and 0.311.

10 See 47 C.F.R.  1.1914.