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


In the Matter of                  )
                                 )
                                 )
Delta Radio Greenville, LLC       )       File Number EB-04-OR-103
Licensee of WROX(AM)              )
in Clarksdale, Mississippi        )                      NAL/Acct. 
Las Vegas, Nevada                 )
                                                  No.200432620005

                                                                 
                                                   FRN 0007689243

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE



                                         Released:  July 21, 
                                                        2004

By the District Director,  New Orleans Office, South Central 
Region, Enforcement Bureau:


I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Delta Radio Greenville, LLC 
(``Delta''), licensee of radio station WROX(AM), Clarksdale, 
Mississippi, apparently liable for a forfeiture in the 
amount of fifteen thousand dollars ($15,000) for willful and 
repeated violation of Sections 11.35(a) and 73.49 of the 
Commission's Rules (``Rules'').1  Specifically, we find 
Delta apparently liable for failing to maintain operational 
Emergency Alert System (``EAS'') equipment and failing to 
enclose its antenna structure within an effective locked 
fence or other enclosure.

II.   BACKGROUND 

     2.   On May 12, 2004, an agent of the FCC Enforcement 
Bureau's New Orleans Field Office (``New Orleans Office'') 
observed the antenna structure of WROX(AM) and discovered 
that one side of the fence enclosing the antenna structure 
was lying on the ground.  The agent easily walked over the 
downed section of fence to the base of the antenna 
structure, which had radio frequency potential at its base.

     3.   On May 13, 2004, the agent inspected WROX(AM) and 
found that there was no EAS equipment present.  In addition, 
there was no evidence that the equipment had been removed 
from service for repair.2  The General Manager admitted that 
no EAS equipment had been present at WROX(AM) since his 
arrival at the station in October, 2003.  When shown that 
one side of the fence enclosing WROX(AM)'s antenna structure 
was lying on the ground, he stated the fence had been this 
way for the same period of time.




III.        DISCUSSION

     4.   Section 11.35(a) of the Rules requires that 
broadcast stations maintain operational EAS encoders, 
decoders and attention signal generating and receiving 
equipment so that monitoring and transmitting functions are 
available during the times the stations are in operation.3  
On May 13, 2004, WROX(AM) had no EAS equipment .  There was 
no evidence or logs that WROX(AM) ever had installed EAS 
equipment or ever maintained operational EAS equipment, nor 
were there log entries indicating that the equipment was 
under repair.  The General Manager admitted that WROX(AM) 
did not have EAS equipment since at least October 2003.

     5.   Section 73.49 of the Rules requires that antenna 
towers having radio frequency potential at the base must be 
enclosed within effective locked fences or other 
enclosures.4  On May 12 and 13, 2004, WROX(AM)'s antenna 
structure was not enclosed by an effective locked fence or 
enclosure.

     6.   Based on the evidence before us, we find Delta 
willfully5 and repeatedly6 violated Sections 11.35(a) and 
73.49 of the Rules by failing to maintain operational EAS 
equipment and failing to maintain effective fencing around 
its antenna structure.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,7 the 
base forfeiture amount for failure to maintain operational 
EAS equipment is $8,000 and the base forfeiture amount for 
AM tower fencing violations is $7,000.  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, 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.8  Considering 
the entire record and applying the factors listed above, 
this case warrants a $15,000 forfeiture.  

IV.   ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications 


Act, as amended,9 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,10 Delta Radio Greenville, LLC is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of fifteen thousand dollars ($15,000) for willful and 
repeated violation of Sections 11.35(a) and 73.49 of the 
Rules by failing to maintain operational EAS equipment and 
failing to maintain effective fencing around its antenna 
structure.

     9.   IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Delta Radio Greenville, LLC SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     10.  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. 20554.11

     11.  The response, if any, must be mailed to the 
Federal Communications Commission, New Orleans Office, Room 
460, 2424 Edenborn Avenue, Metairie, LA  70001, within 
thirty days of the release date of this NAL and MUST INCLUDE 
THE NAL/Acct. No. referenced above.  

     12.  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.

     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 Regional 
Counsel, FCC, EB, South Central Region, 520 NE Colbern Road, 
Second Floor, Lee's Summit, MO  64086.  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 NAL 
shall be sent by regular mail and 

Certified Mail Return Receipt Requested to Delta Radio 
Greenville, LLC, 9408 Grand Gate Street, Las Vegas, Nevada 
89143.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              James C. Hawkins
                              District Director
                              New Orleans Office, South 
                            Central Region
                              Enforcement Bureau


Attachment
_________________________

147 C.F.R.  11.35(a) and 73.49.

2See 47 C.F.R.  11.35(b).

347 C.F.R.  11.35(a). 

447 C.F.R.  73.49. 

5Section 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).

6The  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).

747 C.F.R.  1.80(b)(4).

847 U.S.C.  503(b)(2)(D).

947 U.S.C.  503(b).

1047 C.F.R.  0.111, 0.311, 1.80.

11See 47 C.F.R.  1.1914.