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

In the Matter of                   )
                                                             )
Willis Broadcasting Corporation    )      File Number EB-05-NF-014
Licensee of WBTE                   )    NAL/Acct. No. 200632640002
Norfolk, VA                        )                FRN 0009042896
Facility ID # 172                  )

         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 AM station WBTE in 
Windsor, North Carolina, apparently willfully violated 
Sections 73.1560(a)(1) and 73.3526(c) of the Commission's 
Rules (``Rules'')1 by failing to maintain its authorized 
antenna input power and failing to make material required to 
be in the public file available for inspection.  We 
conclude, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended (``Act''),2 that Willis is 
apparently liable for a forfeiture in the amount of ten 
thousand dollars ($10,000).

II.       BACKGROUND

     2.   Willis' WBTE license authorizes daytime only 
broadcasts to the community of Windsor, North Carolina, on 
frequency 990 kHz with 1,000 watts of power.  

     3.   On March 14, 2005, a resident agent from the 
Norfolk Office of the Federal Communications Commission's 
(``Commission'') Enforcement Bureau (``Norfolk Office'') 
inspected the WBTE facilities and observed, using the direct 
method specified in Section 73.51(a)(2) of the Rules,3 that 
Willis was operating at over 220% of its authorized daytime 
antenna input power.  The station's chief operator stated 
that she did not know how to determine the station's 
operating power using the direct method and 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.  

     4.   In addition, the resident agent also requested to 
inspect station WBTE's public inspection file.  Station 
personnel were unable to make available the station's 
current FCC authorization, contour maps, ownership reports 
and related materials, political file, radio issues/programs 
lists, or local public notice announcements.  

     5.   On July 27, 2005, the Norfolk Office released a 
Notice of Violation to Willis for, among other things, 
violation of Sections 73.1560(a)(1) and 73.3526 of the 
Rules.4  On August 25, 2005, the Norfolk Office received a 
response to the NOV from Willis, which included a 
declaration by the station's contract engineer that 
discussed but did not deny each of the violations.  

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 there under, 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  

     7.   Section 73.1560(a)(1) of the Rules states that the 
antenna input power of an AM station as determined by the 
procedures specified in Section 73.51 must be maintained as 
near as is practicable to the authorized antenna input power 
and may not be less than 90% nor more than 105% of the 
authorized power. The Rules also impose several monitoring 
requirements on licensees and station chief operators to 
ensure compliance with the Commission's technical rules.6  
During the inspection on March 14, 2005, station WBTE 
operated over 220% of its authorized daytime power.  The 
station's chief operator 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 stated that she did 
not know how to make a direct power measurement and was not 
reviewing the station's logs to ensure compliance with the 
Rules.  In the declaration attached to the response to the 
NOV, the station's contract engineer did not deny that the 
station exceeded power limits and stated that he installed 
equipment to reduce automatically the station's power at 
sunset.

     8.   Section 73.3526(a) of the Rules requires 
commercial broadcast stations to maintain for public 
inspection, a file containing materials listed in that 
section.7  The public inspection file is to be maintained at 
the main studio of the station8 and be available for public 
inspection during regular business hours.9  On March 14, 
2005, employees of station WBTE were unable to make 
available the station's current FCC authorization, contour 
maps, ownership reports and related materials, political 
file, radio issues/programs lists, or local public notice 
announcements to the resident agent during regular business 
hours.  In the declaration attached to the response to the 
NOV, the station's contract engineer did not deny the public 
file violation and stated that the station's public 
inspection file is now complete.

     9.   Based on the evidence before us, we find that 
Willis apparently willfully violated Sections 73.1560(a)(1) 
and 73.3526(a) of the Rules by failing to maintain its 
authorized antenna input power and failing to make material 
required to be in the public file available for 
inspection.10  

     10.  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 and for 
violation of public file rules is $4,000 and $10,000, 
respectively.11  However, because Willis' public file was 
partially complete, we conclude a reduction in the base 
forfeiture amount for the public file violation to $6,000 is 
appropriate.12  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.13  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 $10,000 forfeiture.

IV.       ORDERING CLAUSES

     11.  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 ten thousand dollars ($10,000) for 
violations of Sections 73.1560(a)(1) and 73.3526(a) of the 
Rules.14

     12.  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.

     13.  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.  

     14.  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.  

     15.  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.  

     16.  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

     17.  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 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(a)(1) and 73.3526(c).
247 U.S.C.  503(b).  
347 C.F.R.  73.51(a).
4Notice of Violation, NOV No. V20053264004 (Enf. Bur. 
Norfolk Office, July 27, 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).
6See, 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). 
747 C.F.R.  73.3526(a).
8See 47 C.F.R.  1.1914.
9See 47 C.F.R.  73.3526(c)(1).
1047 C.F.R.  73.1560(a)(1) and 73.3526(c).
1112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999); 47 C.F.R. 1.80.
12See Twenty-One Sound Communications, Inc., Forfeiture 
Order, 20 FCC Rcd 12497 (Enf. Bur. 2005).
1347 U.S.C.  503(b)(2)(D).
1447 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 
1.80, 73.1560(a)(1) and 73.3526(a).
8See 47 C.F.R.  1.1914.