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

In the Matter of                 )
                                 )
Willis Broadcasting Corporation  )                    EB-05-NF-016
Licensee of Station WURB(FM)     )     NAL/Acct. No.: 200632640001
Windsor, North Carolina          )                 FRN: 0006151708
Facility ID # 173                )
                                 )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                      Released: November 18, 2005

By the Resident Agent, Norfolk Office, South Central Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Willis Broadcasting Corporation 
 (``Willis''), licensee of station WURB(FM) in Windsor, North 
 Carolina, apparently willfully violated Sections 73.1560(b) and 
 73.3526(a) of the Commission's Rules (``Rules'')1 by operating 
 overpower and failing to make its complete public inspection 
 file available for inspection during regular business hours.  
 We conclude, pursuant to Section 503(b) of the Communications 
 Act of 1934, as amended (``Act''),2 that Willis is apparently 
 liable for forfeiture in the amount of six thousand dollars 
 ($6,000).

II.  BACKGROUND

      2.  On March 15, 2005, a resident agent from the 
 Commission's Norfolk Office of the Enforcement Bureau 
 (``Norfolk Office'') inspected station WURB's main studio in 
 Edenton, and WURB's transmission facilities in Windsor, North 
 Carolina.  The agent observed, using the indirect method 
 specified in Section 73.267 of the Rules,3 that the WURB 
 transmitter was operating at more than 140% power of the 
 station's authorized power.  During the inspection, the 
 station's chief operator and contract engineer admitted that 
 the station had not established monitoring procedures and 
 schedules to determine compliance with operating power and 
 modulation level requirements.  The chief operator also 
 admitted that she did not review or sign the station's weekly 
 logs to ensure station compliance.  

      3.  On March 15, 2005, the resident agent also requested to 
 inspect station WURB's public inspection file.  Station 
 personnel were unable to produce the station's radios issues 
 program lists and a current station authorization.  

      4.  On July 14, 2005, the Norfolk Office issued a Notice of 
 Violation to Willis for, among other things, violation of 
 Sections 73.1560(b), and 73.3526(c) of the Rules.4  On August 
 2, 2005, the Norfolk Office received Willis' response to the 
 NOV, which included a declaration by the station's contract 
 engineer.  

III.      DISCUSSION

      5.  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  

      6.  Section 73.1560(b) of the Rules states that the 
 transmitter output power of an FM station, which is authorized 
 for output power more than 10 watts, must be maintained as near 
 as practicable to the authorized transmitter output power and 
 may not be less than 90% nor more than 105% of the authorized 
 power.6  The Rules also impose several monitoring requirements 
 on licensees and station chief operators to ensure compliance 
 with the Commission's technical rules.7  On March 15, 2005, 
 station WURB operated at 140% of its authorized power.  The 
 station's chief operator and contract engineer admitted that 
 the station had not established monitoring procedures and 
 schedules to determine compliance with operating power and 
 modulation level requirements.  The chief operator also 
 admitted that she did not review or sign the station's weekly 
 logs to ensure station compliance.8  In its response to the 
 NOV, the station's contract engineer stated that he regularly 
 monitored the station's operating power and never knew it to 
 operate out of tolerance.  He surmised that the transmitter 
 operated overpower because the transmitter was turned on and 
 off several times during the inspection.  However, on March 15, 
 2005, when the resident agent observed the station's 
 transmitter operating overpower, the transmitter had been 
 powered on non-stop for over 30 minutes.   

      7.  Section 73.3526(a) of the Rules requires commercial 
 broadcast stations to maintain for public inspection, a file 
 containing materials listed in that section.9  The public 
 inspection file is to be maintained at the main studio of the 
 station10 and be available for public inspection during regular 
 business hours.11  On March 15, 2005, employees of station WURB 
 were unable to make available the station's issues programs 
 lists and current station authorization to the resident agent 
 during regular business hours.  In response to the NOV, the 
 contract engineer stated that the missing items were contained 
 in the public file of a collocated licensee and that station 
 WURB now maintains its own complete public inspection file.  
 Whether or not these items were located in another file, 
 station employees were unable to make available the station's 
 complete public inspection file upon request during regular 
 business hours.
     
      8.  Based on the evidence before us, we find that Willis 
 apparently willfully violated Sections 73.1560(b) and 
 73.3526(a) of the Rules by operating more than 140% overpower 
 and failing to make available for inspection a complete public 
 inspection file.  

      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 exceeding power limits is $4,000, and the 
 base forfeiture amount for violation of the public file rule is 
 $10,000.12  However, because Willis' public file was mostly 
 complete and missing only two items, we conclude a reduction in 
 the base forfeiture amount for the public file violation to 
 $2,000 is appropriate.13  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.14  Applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors to 
 the instant case, we conclude that Willis is apparently liable 
 for a $6,000 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, Willis Broadcasting Corporation is hereby NOTIFIED of 
 this APPARENT LIABILITY FOR A FORFEITURE in the amount of six 
 thousand dollars ($6,000) for violations of Sections 73.1560(b) 
 and 73.3526(a) of the Rules.15

      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, Willis Broadcasting Corporation 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, Norfolk Office, 1457 Mount Pleasant Road, Suite 113; 
 Chesapeake VA 23322 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: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 20554.8

      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 Willis 
 Broadcasting Corporation at its address of record and to its 
 counsel, Lauren A. Colby, P.O. Box 113, Frederick, MD, 21705-
 0113.


                              FEDERAL COMMUNICATIONS COMMISSION


                              
                              Joseph P. Husnay
                              Resident Agent
                              Norfolk Office
                              South Central Region
                              Enforcement BureauWillis Broadcasting Corporation
645 Church Street
Suite 400
Norfolk VA 23510

Willis Broadcasting Corporation
645 Church Street
Suite 400
Norfolk VA 23510

Willis Broadcasting Corporation
645 Church Street
Suite 400
Norfolk VA 23510

Lauren A. Colby
P.O. Box 113
Frederick, MD, 21705-0113

_________________________

147 C.F.R.  73.1560(b), 73.3526(a).
247 U.S.C.  503(b).
347 C.F.R.  73.267(c).
4Notice of  Violation, NOV  No. V20053264006  (Enf. Bur.  Norfolk 
Office, July 14, 2005) (``NOV''). 
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).
647 C.F.R.  73.1560(b).
7See, e.g.,  47 C.F.R.   73.1350(c)  (licensees must  establish 
monitoring   procedures   and   schedules   for   the   station); 
73.1870(c)(3) (chief  operator  must review  station  records  at 
least once each week to  determine if required entries are  being 
made correctly and verify that  the station has been operated  as 
required). 
8See 47 C.F.R.  1.1914.
947 C.F.R.  73.3526(a).
10See 47 C.F.R.  73.3526(b).
11See 47 C.F.R.  73.3526(c)(1).
1212 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R.  1.80.
13See Twenty-One Sound Communications, Inc., Forfeiture Order, 20 
FCC Rcd 12497 (Enf. Bur. 2005).
1447 U.S.C.  503(b)(2)(D).
1547 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
73.1560(b), 73.3526(a).
8See 47 C.F.R.  1.1914.