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

In the Matter of                   )
                                   )
First Media Radio, LLC             )      File Number EB-03-NF-055
Licensee of WWDR & WDLZ            )
Murfreesboro, North Carolina       )    NAL/Acct. No. 200432640002
                                  )
                                  )                  FRN: 3726957 
                                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: March 15, 2004

By the Enforcement Bureau, Norfolk Office:

                      I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find   First  Media  Radio,  LLC 
(``First Media''), licensee of AM radio station WWDR, and FM 
radio station WDLZ, Murfreesboro, North Carolina, apparently 
liable  for  a forfeiture  in  the  amount of  six  thousand 
dollars  ($6,000)  for  willful and  repeated  violation  of 
Sections 73.1560(a)(1) and 73.3526(c)(1) of the Commission's 
Rules  (``Rules'').1   Specifically,  we  find  First  Media 
apparently  liable for  operating AM  radio station  WWDR in 
excess of authorized power and for failing to make available 
for inspection the complete public inspection file.

                        II. BACKGROUND

     2.     First Media  Radio, LLC is the  licensee of WWDR 
and  WDLZ.  WWDR  and WDLZ  are authorized  to broadcast  in 
Murfreesboro,   North  Carolina.   WWDR  is   authorized  to 
broadcast on  a frequency of  1080 kHz  with a power  of 930 
watts.  WDLZ  is authorized to  broadcast on a  frequency of 
98.3 MHz with a power of 2200 watts.

     3.   On  July 30,  2003, the  FCC Enforcement  Bureau's 
Norfolk  Office  (``Norfolk Office'')  received  information 
alleging  numerous FCC  rule  violations at  WWDR, WDLC  and 
other broadcast stations licensed to First Media. 

     4.   On August  8, 11, 25,  and September 11,  2003, an 
agent   of  the    Norfolk   Office   made  field   strength 
measurements   of  WWDR's   signal.   Each  field   strength 
measurement  was   made  at  the  same   location  and  each 
measurement indicated the same level of signal strength. 

     5.   Immediately  after   making  the   field  strength 
measurement on  September 11,  2003, the agent  conducted an 
inspection  of the  co-located main  studio and  transmitter 
site of WWDR and WDLZ.  During the inspection, the FCC agent 
and the licensee's technical representative read the antenna 
base  current meter  and confirmed  that WWDR  was operating 
with  an antenna  base  current of  6.8  amps. This  current 
reading  indicated  that  WWDR   was  transmitting  with  an 
operating  power  of 1063  watts  (114%  of authorized).  An 
inspection  of  the  public inspection  file  revealed  that 
required material was missing including the quarterly issues 
and programs lists, contour map  for WWDR and the Public and 
Broadcasting manual.   First Media personnel  present during 
the inspection stated  that the missing documents  may be in 
their Rocky Mount, North Carolina office.

                       III. DISCUSSION

     6.   Section 73.1560(a)(1) of the  Rules requires an AM 
broadcast station  antenna input  power to be  maintained as 
near as  practicable to  the authorized antenna  input power 
and  may not  be more  than  105% of  authorized power.   On 
September  11, 2003,  WWDR  operated with  an antenna  input 
power  of 1063  watts (114%  of authorized)  instead of  930 
watts as  authorized.  A field strength  measurement made on 
September 11, 2003, of the station operating with 1063 watts 
was  consistent with  field  strength  measurements made  on 
August 8,  11 and  25, 2003.  Therefore, WWDR  also operated 
with excessive power  of 1063 watts on August 8,  11 and 25, 
2003. 

     7.   Section 73.3526(a)(2) of  the Rules2 requires that 
every permittee or licensee of an  AM, FM, or  TV station in 
the commercial  broadcast services  shall maintain  a public 
inspection file  containing the  material, relating  to that 
station, described in paragraphs  (e)(1) through (e)(10) and 
paragraph  (e)(13)  of  this section.   Additionally,  every 
permittee or licensee of an AM, or FM station shall maintain 
for  public  inspection  a  file  containing  the  material, 
relating to  that station,  described in  paragraphs (e)(12) 
and  (e)(14) of  this  section.  Section  73.3526(b) of  the 
Rules3 requires the public  inspection file be maintained at 
the  station's main  studio.  Section  73.3526(c)(1) of  the 
Rules requires  the file be available  for public inspection 
at any time during regular  business hours. On September 11, 
2003,  First Media  failed  to make  available the  complete 
public inspection file for co-located stations WWDR/WDLZ. 

     8.   Based  on the  evidence before  us, we  find First 
Media  Radio,   LLC  willfully4  and   repeatedly5  violated 
Sections 73.1560(a)(1)  and 73.3526(c)(1)  of the  Rules for 
operating in  excess of  authorized power  at WWDR,  and for 
failing  to make  available the  complete public  inspection 
file at WWDR and WDLZ. 

     9.   Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base forfeiture amount for operating in excess of authorized 
power is  $4000 and the  amount for violation of  the public 
inspection file rules is $10,000.  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 
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.7  Because  the station maintained a  portion of the 
required  items in  the public  inspection file,  a downward 
adjustment of  the base  forfeiture for that  violation from 
$10,000  to $2,000  is warranted.    Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $6,000 forfeiture. 

                    IV. ORDERING CLAUSES

     10.  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 First Media is hereby  NOTIFIED of this 
APPARENT LIABILITY  FOR A  FORFEITURE in  the amount  of six 
thousand   dollars  ($6,000)   for   willful  and   repeated  
violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of the 
Rules by operating in excess of authorized power at WWDR and 
by  failing  to make  available  for  inspection a  complete 
public inspection file at WWDR and WDLZ.

     11.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, First  Media 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. 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. 20554.10

     13.  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-
Spectrum Enforcement Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     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.  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.

     16.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to First Media Radio, LLC, 306 Port Street 
Easton,  MA  21601. An  additional  copy  shall be  sent  by 
regular mail and Certified  Mail Return Receipt Requested to 
First Media Radio,  LLC, (WWDR/WDLZ) P.O. Box  38, 1714 Main 
Street, Murfreesboro, North Carolina 27855.


                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         Luther Bolden
                         Resident Agent, Norfolk Office, 
Enforcement Bureau

AttachmentFirst Media Radio, LLC

306 Port Street

Easton, MA 21601


First Media Radio, LLC

WWDR/WDLZ

P.O. Box 38

1714 Main Street

Murfreesboro, NC

_________________________

1 47 C.F.R.  73.1560(a)(1) and 73.3526(c)(1).

2 47 C.F.R.  73.3526(a)(2).

3 47 C.F.R.  73.3526(b).

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under 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 4387-88 
(1991).

5 The 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.''  47 
U.S.C.  312(f)(2).

6 47 C.F.R.  1.80(b)(4).

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

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

9 47 C.F.R.  0.111, 0.311 and 1.80.

10 See 47 C.F.R.  1.1914