Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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

In the Matter of                 )
                                 )
Southern Media Group, Inc.       )                    EB-05-AT-060
Licensee of Station WBZH(FM)     )      NAL/Acct. No. 200532480002
Harriman, TN                     )                  FRN 0009410804
Facility ID # 70637              )
                                 )
Licensee of Station WWSR(FM)     )                    EB-05-AT-061
Rockwood, TN                     )
Facility ID # 51113              )
                                 )
Licensee of Station WOFE(AM)     )                    EB-05-AT-062
Rockwood, TN                     )
Facility ID # 51114              )
                                 )

             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                Released: October 
                                                         05, 2005

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

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Southern Media Group, Inc. (``Southern 
 Media''), licensee of stations WBZH(FM), in Harriman, 
 Tennessee, WWSR(FM), in Rockwood, Tennessee, and WOFE(AM) in 
 Rockwood, Tennessee, apparently willfully and repeatedly 
 violated Sections 11.35(a), 73.1350(a), 73.1620(a)(2), and 
 1.903 of the Commission's Rules (``Rules'')1 by failing to 
 maintain Emergency Alert System (``EAS'') equipment in 
 operational condition, failing to file FCC Form 302-FM 
 (``license application'') requesting program test authority 
 (``PTA'') prior to operating its station with a directional 
 antenna, and failing to operate within the terms of the 
 station's broadcast and studio transmitter link (``STL'') 
 authorizations.  We also find that Southern Media apparently 
 willfully violated Section 73.3526(e) of the Rules2 by failing 
 to maintain a complete public inspection file.  In addition, we 
 admonish Southern Media for its violation of Section 73.1125(a) 
 of the Rules3 by failing to comply with the main studio 
 location requirements.  We conclude, pursuant to Section 503(b) 
 of the Communications Act of 1934, as amended (``Act''),4 that 
 Southern Media is apparently liable for a forfeiture in the 
 amount of twenty five thousand dollars ($25,000).


II.  BACKGROUND

      2.  On June 29, 2005, in response to a complaint of alleged 
 violations, agents from the Commission's Atlanta Office of the 
 Enforcement Bureau (``Atlanta Office'') used radio direction 
 finding techniques to determine the transmitting locations of 
 stations WBZH(FM) and WWSR(FM).  The agents found that station 
 WBZH(FM) was transmitting from a site approximately 13 miles 
 from the location stipulated in its broadcast station 
 authorization and that station WWSR(FM) was transmitting from a 
 site specified in its construction permit (``CP'') 
 authorization, not from the site specified in its license.5

      3.  On June 30, 2005, agents from the Atlanta Office, 
 accompanied by the President of Southern Media who also serves 
 as the General Manager for all three stations, inspected the 
 main studio located at 37 South Drive, Crossville, Tennessee.  
 The President/General Manager stated that, around March 1, 
 2005, the main studios for stations WBZH(FM), WWSR(FM) and 
 WOFE(AM) were consolidated and moved to the new combined studio 
 located at 37 South Drive.  The President/General Manager 
 stated that he believed the studio for station WBZH(FM) was 
 25.4 miles6 from the main post office in Harriman, Tennessee 
 and therefore in compliance with the main studio location ``25 
 mile rule.''7  

      4.  During the inspection, the agents informed the 
 President/General Manager that they determined that station 
 WBZH(FM) was transmitting from a site approximately 13 miles 
 from its authorized location and that station WWSR(FM) was 
 transmitting from its CP location.  The President/General 
 Manager stated that he moved the transmitting facilities for 
 station WBZH(FM) to its current location in January 2005.8  He 
 stated that he knew he should have obtained Commission 
 authority to move the transmitting facilities, but he could not 
 afford the application filing fees.  He also confirmed that 
 station WWSR(FM) began transmitting from the station's CP 
 location around September or October of 2004.  He acknowledged 
 that the station was required to file a license application 
 requesting PTA from the CP location, and reiterated that he 
 could not afford the filing fee.  He stated, however, that the 
 station did conduct the proof of performance measurements.9

      5.  Still during the inspection, the agents found that the 
 installed Sage Endec EAS (encoder/decoder) was not operational, 
 because it was not connected to any receivers.  The 
 President/General Manager acknowledged that the EAS equipment 
 had not been functional for more than 60 days, since the time 
 he consolidated the main studios at the new location.  He 
 stated he intended to share the EAS equipment among the three 
 stations located at the main studio, but had not finished the 
 installation.  He stated that he still needed to obtain two 
 monitoring receivers and an additional component to finish the 
 installation.  There were no logs to demonstrate that the 
 stations' EAS had ever been operational, even at the old 
 studios, or to indicate the date and time the EAS equipment was 
 taken out of service.

      6.  Still during the inspection, the agents asked to see 
 the public inspection file for each station.  The public 
 inspection files did not contain any programs issues lists or 
 copies of the current broadcast station authorizations, and the 
 President/General Manager could not locate these documents over 
 the course of the 30-minute public file inspection.  

III.      DISCUSSION

      7.  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) of the Act has been interpreted to 
 mean simply that the acts or omissions are committed 
 knowingly.10  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.11 

      8.  Section 11.35(a) of the Rules states that broadcast 
 licensees are responsible for ensuring that EAS Encoders, EAS 
 Decoders and Attention Signal generating and receiving 
 equipment used as part of the EAS are installed so that the 
 monitoring and transmitting functions are available during the 
 times the stations are in operation.  Section 11.35(b) of the 
 Rules12 states that if the EAS Encoder or EAS Decoder becomes 
 defective, the broadcast station may operate without the 
 defective equipment pending its repair or replacement for 60 
 days without further FCC authority.  Licensees are required to 
 ensure that entries are made in the broadcast station log 
 showing the date and time the equipment was removed from and 
 restored to service.  On June 30, 2005, the EAS equipment for 
 stations WBZH(FM), WWSR(FM) and WOFE(AM) was not operational, 
 because there were no receivers connected to the EAS equipment 
 to enable it to receive alerts.  The President/General Manager 
 stated that the EAS for the three stations had not been 
 operational since around March 1, 2005.  Moreover, the stations 
 were unable to produce any EAS logs of any kind to demonstrate 
 that the stations had ever had functioning EAS equipment or 
 that the equipment had been removed for repair.

      9.  Section 73.1125(a) of the Rules requires that each FM 
 broadcast station maintain a main studio at one of the 
 following locations: (1) Within the station's community of 
 license; (2) At any location within the principal community 
 contour of any AM, FM, or TV broadcast station licensed to the 
 station's community of license; or (3) Within twenty-five miles 
 from the reference coordinates of the center of its community 
 of license as described in Section 73.208(a)(1).13  Station 
 WBZH(FM)'s community of license is Harriman, Tennessee.  On 
 June 30, 2005, the main studio for station WBZH(FM) was located 
 in Crossville, Tennessee.  The main studio was located outside 
 of the station's principal community contour, and there are no 
 other stations currently licensed to Harriman.  Using global 
 positioning system equipment, the agents determined that the 
 main studio was located 27 miles from the reference coordinates 
 for the center of the city of Harriman as determined by 
 National Atlas and 26.7 miles from the main post office in 
 Harriman.  The Commission has no record that a waiver of the 
 main studio rules for station WBZH(FM) was ever requested or 
 granted.  The President/General Manager stated that the main 
 studio for station WBZH(FM) was relocated to Crossville around 
 March 1, 2005.

      10.      Section 73.1350(a) of the Rules requires that 
 broadcast licensees operate stations in accordance with the 
 terms of the station authorization.  On June 30, 2005, station 
 WBZH(FM) was operating from a transmitter location 13 miles 
 from the location specified in its station authorization and, 
 according to the President/General Manager, had been operating 
 from that location since January 2005.  The Commission has no 
 record that a special temporary authority or permanent 
 authority to operate from the transmitter's current location 
 was ever requested or granted.  

      11.      Section 73.1620(a)(2) of the Rules requires that 
 the permittee of an FM station with a directional antenna 
 system file with the FCC a license application requesting 
 authority to commence program test operations at full power.  
 This license application must be filed at least 10 days prior 
 to the date on which full power operations are desired to 
 commence.  The application for license must contain any 
 exhibits called for by the conditions on the CP authorization.  
 Southern Media began operations for station WWSR(FM) from the 
 CP location in September or October of 2004 and did not file a 
 license application requesting PTA or to cover the CP with the 
 FCC.  The Commission has no record that a special temporary 
 authority to operate at the CP location was ever requested or 
 granted, and the operation continued for more than 30 days.14

      12.      Section 1.903 of the Rules requires that stations 
 in the Wireless Radio Services operate in accordance with the 
 rules applicable to their service and within the terms of their 
 granted station authorization.  Section 1.929(d)(1) of the 
 Rules15 states that in the aural broadcast auxiliary service, 
 any modification of a fixed point-to-point facility that 
 results in a transmit antenna location change of more than 5 
 seconds in latitude or longitude or a change in azimuth of more 
 than 1 degree is a major modification.  Section 1.947(a) of the 
 Rules16 states that all major modifications defined in Section 
 1.929 require prior Commission approval.  Station WBZH(FM) and 
 station WWSR(FM) each had an STL license.  The STL licenses 
 specify the locations for the stations' transmit and receive 
 antennas.  The main studios for stations WBZH(FM) and WWSR(FM) 
 and the associated STL transmit antennas were moved from the 
 authorized locations to Crossville, Tennessee around March 1, 
 2005.  The broadcast transmitter and associated STL receiver 
 antenna for station WBZH(FM) were moved to a location thirteen 
 miles away from the authorized location in January 2005.  
 Station WWSR(FM) began operating with an STL receiver antenna 
 from the CP location, which differs from the authorized 
 location, in September or October 2004.  These changes in 
 locations for the STL receive and transmit antennas were more 
 than 5 seconds in latitude and longitude and more than 1 degree 
 in azimuth, thus requiring the filing of a major change 
 applications and Commission approval.  The Commission has no 
 record that special temporary authority or applications to 
 modify the STL licenses were ever requested or granted.17

      13.      Section 73.3526 of the Rules18 requires that 
 broadcast licensees maintain a public inspection file at the 
 main studio of the station.  Section 73.3526(e) of the Rules 
 specifies the required contents of the public inspection file.  
 Section 73.3526(e)(1) of the Rules19 requires that licensees 
 place in the public inspection file a copy of the current 
 broadcast station authorization.  Section 73.3526(e)(12) of the 
 Rules20 requires that commercial AM and FM broadcast stations 
 place in the public inspection file a list of programs that 
 have provided the station's most significant treatment of 
 community issues during the preceding three months; the lists 
 must be filed quarterly, by the 10th day of the succeeding 
 calendar quarter.  On June 30, 2005, the public inspection 
 files for stations WBZH(FM), WWSR(FM), and WOFE(AM) did not 
 contain any programs lists for any calendar quarter or copies 
 of the current station authorizations.  Furthermore, no copies 
 of the current authorizations were posted at the main studio.21

      14.      Based on the evidence before us, we find that 
 Southern Media apparently willfully and repeatedly violated 
 Sections 11.35(a), 73.1350(a), 73.1620(a)(2), and 1.903 of the 
 Rules by failing to maintain operational EAS equipment, failing 
 to file a license application requesting PTA prior to operating 
 its station, and failing to operate within the terms of the 
 stations' broadcast and STL authorizations.  We further find 
 that Southern Media apparently willfully violated Section 
 73.3526(e) of the Rules by failing to maintain a complete 
 public inspection file.  We also admonish Southern Media for 
 violating Section 73.1125(a) of the Rules by failing to comply 
 with the main studio location requirements.  In addition, we 
 direct Southern Media to provide a written description of the 
 steps it has taken to correct these violations within 30 days.  
 We will determine at that time whether additional enforcement 
 action should be taken.  

      15.      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 
 amounts are: $8,000 for EAS equipment not installed or 
 operational, $10,000 for violation of public file rules, $3,000 
 for failure to file required forms or information, $4,000 for 
 construction and operation at unauthorized location (Broadcast 
 Transmitter), and $4,000 for construction and operation at 
 unauthorized location (STL).22  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.23  Because the 
 stations' public inspection files were partially complete, we 
 conclude a reduction from the base forfeiture amount to $6,000 
 is appropriate.  Applying the Forfeiture Policy Statement, 
 Section 1.80, and the statutory factors to the instant case, we 
 conclude that Southern Media is apparently liable for a $25,000 
 forfeiture.

IV.  ORDERING CLAUSES

      16.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Section 1.80 of the Commission's Rules, Southern Media 
 Group, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
 FORFEITURE in the amount of twenty five thousand dollars 
 ($25,000) for violations of Sections 1.903, 11.35(a), 
 73.1350(a), 73.1620(a)(2), and 73.3526(e) of the Rules.24

      17.      IT IS FURTHER ORDERED that, Southern Media Group, 
 Inc. is hereby ADMONISHED for its violation of Section 
 73.1125(a) of the Commission's Rules.25

      18.      IT IS FURTHER ORDERED that, within thirty days of 
 the release date of this Notice of Apparent Liability for 
 Forfeiture, Southern Media Group, Inc. SHALL FILE a written 
 statement describing its efforts to come into compliance with 
 Sections 1.903, 11.35(a), 73.1125(a), 73.1350(a), 
 73.1620(a)(2), and 73.3526(e) of the Commission's Rules.

      19.      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, Southern Media Group, Inc. SHALL PAY the full 
 amount of the proposed forfeiture or SHALL FILE a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      20.      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 by check 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  
 Payment by overnight mail may be sent to Mellon Bank /LB 
 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.  
 Payment by wire transfer may be made to ABA Number 043000261, 
 receiving bank Mellon Bank, and account number 911-6106.  

      21.      The statement required by paragraphs 14 and 18 of 
 this Notice of Apparent Liability and the response, if any, 
 must be mailed to Federal Communications Commission, 
 Enforcement Bureau, South Central Region, Atlanta Office, 3575 
 Koger Blvd., Suite 320, Duluth, GA, 30096 and must include the 
 NAL/Acct. No. referenced in the caption.  

      22.      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.  

      23.      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. 20554.26

      24.      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 Southern 
 Media Group, Inc. at P.O. Box 810, Crossville, TN, 38557.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Fred L. Broce
                              District Director
                              Atlanta Office
                              South Central Region
                              Enforcement Bureau




_________________________

147 C.F.R.  1.903, 11.35(a), 73.1350(a), 73.1620(a)(2).
247 C.F.R.  73.3526(e).
347 C.F.R.  73.1125(a).
447 U.S.C.  503(b).  
5Southern Media was granted a construction permit authorization, 
BPH-200306004ACS, to change WWSR(FM)'s operating facilities, 
primarily to change the antenna location and to change from a 
non-directional antenna to a directional antenna.
6The President/General Manager stated that he assumed that the 
Commission would round down the 25.4 miles to 25 miles.
7See 47 C.F.R  73.1125(a)(3).
8The transmitting facilities for station WBZH(FM) were moved to 
an antenna structure used by station WWSR(FM). 
9CP authorization BPH-20030604ACS contained special conditions 
that before PTA would be authorized, Southern Media must submit 
the results of a complete proof of performance, an affidavit from 
a licensed surveyor of proper directional antenna orientation, 
and an affidavit from a qualified engineer that the antenna was 
installed pursuant to the manufacturer's instructions.
10Section 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).
11Section 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.'' 
1247 C.F.R.  11.35(b).
13Section 73.208(a)(1) of the Rules states: ``The following 
reference points must be used to determine distance separation 
requirements when petitions to amend the Table of 
Allotments...are considered: (i) First, transmitter sites if 
authorized, or if proposed in applications with cut-off 
protection...; (ii) Second, reference coordinates designated by 
the FCC; (iii) Third, coordinates listed in the United States 
Department of Interior publication entitled Index to the National 
Atlas of the United States of America; or (iv) Last, coordinates 
of the main post office.''  47 C.F.R.  73.208(a)(1).
14See 47 C.F.R.  73.1615.
15See 47 C.F.R.  1.929(d)(1)(i), 1.929(d)(1)(ix).
1647 C.F.R.  1.947(a).
17Stations  WBZH(FM)  and  WWMR(FM)  STL  operations  from  these 
locations continued for more than 720 hours, and thus do not fall 
with the short-term operating provisions.  See 47 C.F.R.  74.24. 
18See 47 C.F.R.  73.3526.
1947 C.F.R.  73.3526(1).
2047 C.F.R.  73.3526(e)(12).
21See 47 C.F.R.  73.1230.
2212 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R.  1.80.
2347 U.S.C.  503(b)(2)(D).
2447 U.S.C.  503(b), 47 C.F.R.  1.80, 1.903, 11.35(a), 
73.1350(a), 73.1620(a)(2), 73.3526(e).
2547 C.F.R.  73.1125(a).
26See 47 C.F.R.  1.1914.