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

In the Matter of                 )
                                 )
David M. Loflin                  )       Case Number. EB-05-OR-006
Licensee of Station WKNI-        )      NAL/Acct. No. 200532620004
LP/W49BM                         )                  FRN 0011734290          
Andalusia, Alabama               )
Facility ID # 15775              )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                 Released: May 9, 
                                                             2005

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 that David M. Loflin, licensee of low power 
 television station WKNI-LP/W49BM,1 in Andalusia, Alabama, 
 apparently willfully and repeatedly violated Section 73.1350(a) 
 of the Commission's Rules (``Rules'')2 by failing to operate 
 the station in accordance with the terms of its station 
 authorization.  From approximately January 1, 2005 until 
 January 21, 2005, the station operated on TV channel 25 instead 
 of its assigned TV channel 49.  We conclude, pursuant to 
 Section 503(b) of the Act,3 that Mr. Loflin is apparently 
 liable for a forfeiture in the amount of four thousand dollars 
 ($4,000).

II.  BACKGROUND

      2.  On January 13, 2005, the Commission's New Orleans 
 Office of the Enforcement Bureau (``New Orleans Office'') 
 received a complaint alleging that low power television station 
 WKNI-LP/W49BM in Andalusia, Alabama was operating on TV channel 
 25 without authorization.  This operation on channel 25 was 
 reportedly causing interference to a cable TV system that was 
 trying to pickup a full power television station on channel 25.  
 Agents from the New Orleans Office advised Mr. Loflin, licensee 
 of WKNI-LP/W49BM, of the complaint and asked for verification 
 that the station was operating on its assigned channel (49).  
 The agents told Mr. Loflin that, if the station was operating 
 on TV channel 25, he would need to produce authority to do so 
 and advised him of the penalties for operating on a TV channel 
 without proper authorization. 
      
      3.  On January 14, 2005, Mr. Loflin stated that he thought 
 a Special Temporary Authorization (``STA'') had been issued for 
 operation on TV channel 25 and that he would fax a copy to the 
 New Orleans Office.  Mr. Loflin never faxed a copy of an 
 authorization to the New Orleans Office.  

      4.  On January 18, 2005, the Commission's Media Bureau 
 confirmed that there was no record in the station's file of an 
 authorization for WKNI-LP/W49BM to operate on TV channel 25 in 
 Andalusia, Alabama. 

      5.  On January 20 and 21, 2005, an agent from the New 
 Orleans Office monitored WKNI-LP/W49BM and confirmed that the 
 station was broadcasting on TV channel 25.  On January 21, 
 2005, the agent inspected the studio for WKNI-LP/W49BM in 
 Andalusia, Alabama.  During the inspection, the station manager 
 could not produce an authorization to operate on TV channel 25 
 and admitted that the station had been operating on channel 25 
 since approximately January 1, 2005.  Telephone calls by the 
 station manager to the Commission's Media Bureau determined 
 that, although an application had been filed to change WKNI-
 LP/W49BM from TV channel 49 to TV channel 25, that 
 authorization had not been granted at the time of the 
 inspection.4       

III.      DISCUSSION

      6.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term ``willful'' 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.5  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.6 

      7.  Section 73.1350(a) of the Commission rules states that 
 each licensee is responsible for maintaining and operating its 
 broadcast station in a manner which complies with the technical 
 rules set forth elsewhere in this part and in accordance with 
 the terms of the station authorization.  Station WKNI-LP/W49BM 
 was assigned TV channel 49.  From approximately January 1, 2005 
 to January 21, 2005, station WKNI-LP/W49BM operated on TV 
 channel 25.  

      8.  Based on the evidence before us, we find that Loflin 
 apparently willfully and repeatedly violated Section 73.1350(a) 
 of the Rules by operating the station WKNI-LP/W49BM on an 
 unauthorized frequency.  

      9.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for using an unauthorized frequency is $4,000.7  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 violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.8  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors to the 
 instant case, we conclude that Loflin is apparently liable for 
 a $4,000 forfeiture.
  
IV.  ORDERING CLAUSES

      10.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, David M. Loflin is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of four thousand 
 dollars ($4,000) for willful and repeated violation of Section 
 73.1350(a) of the Rules.9

      11.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules within thirty days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, David M. Loflin 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 must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission. The payment must include the 
 NAL/Acct. No. and FRN No. referenced above. Payment bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.

      13.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, New Orleans Office, Suite 460, 2424 Edenborn Avenue, 
 Metairie, LA  70001, and must include the NAL/Acct. No. 
 referenced in the caption.  

      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.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.10
      16.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to David M. 
 Loflin at his address of record. 


                              FEDERAL COMMUNICATIONS COMMISSION



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



_________________________

1The assigned call sign for  this station was changed from  W49BM 
to WKNI-LP on January 21, 2005.
247 C.F.R.  73.1350(a).
347 U.S.C.  503(b).  
4Authorization to operate  on channel 25  was granted on  January 
21, 2005 over three hours after the start of the inspection.
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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
6Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.'' 
712 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
847 U.S.C.  503(b)(2)(D).
947 U.S.C.  303(c), 503(b), 47 C.F.R.  0.111, 0.311, 0.314, 
1.80, 73.1350(a).
10 See 47 C.F.R.  1.1914.