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

In the Matter of                   )     File Number: EB-03-NF-014
Frank Neely                        )    NAL/Acct.: No.200332640007
Licensee of AM Radio Station WLTC  )
in Gastonia, North Carolina        )               FRN: 0008498685
Rock Hill, South Carolina          )


By the Enforcement Bureau, Norfolk Office:         Released: 
July 16,  2003

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find  Frank  Neely  (``Neely''), 
licensee of AM radio station WLTC, Gastonia, North Carolina, 
apparently liable  for a  forfeiture in  the amount  of four 
thousand dollars ($4,000) for  repeated violation of Section 
73.1745(a)   of   the   Commission's   Rules   (``Rules'').1  
Specifically, we find Neely  apparently liable for operating 
with unauthorized power.

                          II.  BACKGROUND

     2.   Frank  Neely is  the licensee  of non-directional, 
commercial AM broadcast station WLTC.  WLTC is authorized to 
serve Gastonia,  North Carolina on  a frequency of  1370 kHz 
with a power  of 12 kW, daytime,  various post-sunset powers 
(500 watts,  8:00 p.m. -  8:30 p.m., EDT; 262.3  watts, 8:30 
p.m. -  9:00 p.m., EDT  and 164.7  watts, 9:00 p.m.  - 10:00 
p.m. EDT), and 30 watts, nighttime.

     3.   On  April 22,  2003,  in  response to  information 
alleging  overpower  operation  by  WLTC, an  agent  of  the 
Commission's  Norfolk   Resident  Agent   Office  (``Norfolk 
Office'')   monitored   WLTC's    signal.   Field   strength 
measurements revealed  that WLTC did not  reduce transmitter 
power at  sunset as  required by the  station authorization, 
but remained  at daytime power  in excess of  the authorized 
post-sunset power of 500 watts,  until 8:16 p.m. EDT.  Local 
sunset occurs at 8:00 p.m. EDT in April.

     4.   On April 23, 2003, the agent of the Norfolk Office 
again  monitored   WLTC's  signal.  Again,   field  strength 
measurements revealed  that WLTC did not  reduce transmitter 
power at  sunset as  required by the  station authorization, 
but remained  at daytime power  in excess of  the authorized 
post-sunset powers until 9:10 p.m., EDT.

     5.   On  April 24,  2003,  the  agent inspected  WLTC's 
transmitter site  during daytime hours.  The  agent observed 
antenna  base current  meter  readings in  both daytime  and 
nighttime  modes.    The  readings  showed  that   the  WLTC 
transmitter exceeded the authorized  operating power by more 
than 20% in daytime mode and by more than 2000% in nighttime 

                    III.      DISCUSSION

     6.   Section  73.1745(a) of  the Rules  states that  no 
broadcast station  shall operate  with modes or  power other 
than those specified and made part of the license.  On April 
22  and 23,  2003, WLTC  operated with  daytime power  after 
sunset  until   8:16  p.m.  and  9:10   p.m.,  respectively.  
Further, WLTC  operated with  excessive output power  in the 
daytime mode on April 24, 2003.

     7.    Based  on the evidence  before us, we  find Neely 
repeatedly2  violated Section  73.1745(a)  of  the Rules  by 
operating with unauthorized power.

     8.   Pursuant to Section 1.80(b)(4)  of the Rules,3 the 
base forfeiture  amount for unauthorized power  operation is 
$4,000.   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''),   4  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.   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $4,000 forfeiture.  

                    IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of the Act,5 and Sections
  0.111, 0.311  and  1.80  of the  Rules,6  Neely is  hereby 
amount  of  four  thousand  dollars  ($4,000)  for  repeated 
violation of  Section 73.1745(a) of the  Rules for operating 
with unauthorized power.

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

     11.  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. 20554.7

     12.  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.  

     13.  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. 

     14.  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.

     15.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
shall be sent by regular mail and
 Certified Mail Return Receipt Requested to Frank Neely 1286 
Holland Road, Rock Hill, South Carolina 29732.


                         Luther Bolden,
                         Resident  Agent,   Norfolk  Office, 
Enforcement Bureau

1 47 C.F.R.  73.1745(a).

2 The term ``repeated'' means the commission or omission of 
an act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C.  312(f)(2).

3 47 C.F.R.  1.80(b)(4).

4 47 U.S.C.  503(b)(2)(D).

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

6 47 C.F.R.  0.111, 0.311.1.80.

7 See C.F.R.  1.1914.