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


In the Matter of                )       File No. EB-03-NY-082
                                )       File No. EB-03-NY-083
Capital Media Corporation       )       File No. EB-03-NY-084
WHAZ                            )       File No. EB-03-NY-085
WBAR-FM                         )        
WMYY                            )       NAL/Acct. No. 
200432380008
WMNV                            )        
Cohoes, NY                      )       FRN: 0003 7934 60


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  March 1, 2004

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  Capital  Media  Corporation  (``Capital 
Media''), licensee of  radio stations, WHAZ,  WBAR-FM, WMYY,  and 
WMNV, has apparently violated  Sections 11.35(a) and 11.61(b)  of 
the Commission's Rules (the  ``Rules''),1 by failing to  maintain 
station records of required monthly and weekly EAS test messages.  
We conclude  that  Capital  Media  is  apparently  liable  for  a 
forfeiture in the amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On June 5,  2003, a Commission  agent conducted an  EAS 
inspection of  radio  stations,  WHAZ, Troy,  NY;  WBAR-FM,  Lake 
Luzerne, NY; WMYY, Schoharie, NY; and WMNV, Rupert, VT.  The four 
radio stations  were co-located  at 30  Park Avenue,  Cohoes,  NY 
12047, and  were  using the  same  EAS system.   Based  upon  the 
agent's inspection  of WHAZ,  WBAR-FM, WMYY,  and WMNV's  station 
records, he determined that WHAZ, WBAR-FM, WMYY, and WMNV  failed 
to  maintain  station  records  of  required  monthly  EAS  tests 
received for the  months of  December 2002,  January 2003,  March 
2003, and April  2003, or state  reasons why EAS  tests were  not 
received, and  failed to  maintain  station records  of  required 
weekly EAS tests received for the week of January 5-11, 2003,  or 
state reasons why EAS tests were not received.

                         III.   DISCUSSION

     3.   Section  11.35(a)  of  the  Rules  requires   broadcast 
stations to make  entries in  station records of  any failure  to 
receive monthly and weekly EAS  tests.  Entries were not made  in 
WHAZ, WBAR-FM, WMYY,  and WMNV's  station records  of failure  to 
receive monthly  EAS  tests  for the  months  of  December  2002, 
January 2003, March 2003,  and April 2003,  and weekly EAS  tests 
for the week of January 5-11, 2003.

     4.   Section  11.61(b)  of  the  Rules  requires   broadcast 
stations to make entries in station records of monthly and weekly 
EAS tests  received.  Entries  were not  made in  WHAZ,  WBAR-FM, 
WMYY, and WMNV's  station records of  monthly EAS tests  received 
for the months of  December 2002, January  2003, March 2003,  and 
April 2003, and entries were not  made in the station records  of 
weekly EAS tests received for the week of January 5-11, 2003.

     5.   Based on the evidence before us, we find that,  Capital 
Media willfully2 and repeatedly3  violated Sections 11.35(a)  and  
11.61(b) of the Rules by  failing to maintain station records  of 
required monthly EAS  tests received for  the months of  December 
2002, January 2003, March 2003, and April 2003, and state reasons 
why EAS  tests were  not received,  failing to  maintain  station 
records of required  weekly EAS  tests received for  the week  of 
January 5-11,  2003, and  state reasons  why EAS  tests were  not 
received.  

     6.   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''),4 
sets the base forfeiture for failure to maintain required records 
at  $4,000  ($1,000  for  each  of  Capital  Media's  four  radio 
stations, WHAZ,  WBAR-FM,  WMYY,  and WMNV).   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, as amended,5 (``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.  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

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act  ,6 and Sections 0.111,  0.311 and 1.80 of  the 
Rules7, Capital  Media  is  hereby  NOTIFIED  of  their  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars 
($4,000) for willful and repeated violations of Sections 11.35(a) 
and 11.61(b) of the Commission's Rules.

     8.   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, Capital Media SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     9.   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. 200432380008 and FRN: 0003 7934 60. 

     10.  Any response  to this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554, and MUST INCLUDE THE NAL/Acct. No. 200432380008. 

     11.  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.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.8

     13.  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 Spectrum Enforcement  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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Capital Media  Corporation, 30 Park Avenue,  Cohoes, 
NY 12047.  

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


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

1 47 C.F.R.  11.35(a) and 11.61(b).
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.

447 C.F.R.  1.80.
5
47 U.S.C.  503(b)(2)(D).
6
 47 U.S.C.  503(b).

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.