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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Mega Communications of Alexandria ) File No. EB-05-CF-360

   Licensee, LLC )

   ) NAL/Acct. No. 200732340001

   Former Licensee of Station WKDL )

   Alexandria, Virginia ) FRN 0003-7827-45

   )

   Facility ID #70036 )

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: October 3, 2006

   By the Acting District Director, Columbia Office, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Mega Communications of Alexandria Licensee, LLC (Mega), former
       licensee of AM broadcast station WKDL, Alexandria, Virginia,
       apparently willfully and repeatedly violated Section 73.1745(a) of the
       Commission's Rules ("Rules") by operating its station at daytime power
       levels during nighttime hours, in direct contravention of the terms of
       its station authorization. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act") that Mega is
       apparently liable for forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. Station WKDL's license specifies that the station must reduce power
       from its authorized daytime power of 8000 watts to its authorized
       nighttime power of 25 watts at local sunset time. The license also
       specifies that local sunset time is 5:30 p.m. (non-advanced Local
       Standard Time) during the month of October.

    3. On October 17, 2005, in response to an interference complaint, agents
       with the FCC's Office in Columbia, Maryland began an investigation of
       station WKDL to determine if the station was operating consistent with
       its authorization. The agents subsequently learned that the FCC's High
       Frequency Direction Finding ("HFDF") Center, also located in Columbia,
       MD, was conducting a spectrum survey of the entire AM broadcast band.
       On October 25, 2005, the agents reviewed the data gathered by the HFDF
       center and determined that, from October 14, 2004 to October 18, 2005,
       WKDL failed to reduce power at sunset to its authorized nighttime
       level, as required by its license. The station reduced power at sunset
       on October 19, 2005.

    4. On November 2, 2005, an agent conducted an inspection of WKDL's main
       studio in Silver Spring, Maryland. The agent found that the station
       did not maintain any logs regarding the station's operation. At the
       conclusion of the inspection, however, the station's chief operator
       provided a written statement regarding the station's operation during
       the period from October 14, 2005 to October 18, 2005, and confirmed
       the agents' findings that WKDL failed to reduce to its nighttime power
       level during that period.

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

    6. Section 73.1745(a) provides that "[n]o broadcast station shall operate
       at times, or with modes or power, other than those specified and made
       part of the license. . . ." Station WKDL's authorization specifies
       that the station must reduce power at sunset to 25 watts. The agents
       determined, based on an analysis of the station's signal from October
       14, 2005 to October 19, 2005, that station WKDL failed to reduce power
       to its authorized nighttime levels starting at sunset on October 14,
       2005, and continuing until corrected at sunset on October 19, 2005.
       The station's chief operator subsequently confirmed the agents'
       findings in a written statement. Accordingly, based on the evidence
       before us, we find that Mega willfully and repeatedly violated Section
       73.1745(a) of the Rules by failing to reduce power to the authorized
       nighttime levels, in direct contravention of its station
       authorization.

    7. 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 the power limits is $4,000. In
       assessing the monetary forfeiture amount, we must 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
       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. Applying the Policy Statement and
       the statutory factors to the instant case and applying the inflation
       adjustments, we believe that a four thousand dollar ($4,000) monetary
       forfeiture is warranted.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311 and 1.80 of the Commission's Rules ("Rules")
       Mega Communications of Alexandria Licensee, LLC is hereby NOTIFIED of
       this NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for willfull and repeated violation of
       Section 73.1745(a).

    9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this NOTICE OF APPARENT
       LIABILITY, Mega Communications of Alexandria Licensee, 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 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Columbia Office,
       9200 Farm House Lane, Columbia, Maryland 21046 within thirty (30) days
       from the release date of this Notice of Apparent Liability for
       Forfeiture and must include the NAL/Acct. No. referenced in the
       caption.

   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. 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

   14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
       shall be sent by Certified Mail, Return Receipt Requested, to Mega
       Communications of Alexandria Licensee, LLC at its address of record. A
       second copy of this NOTICE OF APPARENT LIABILITY shall also be sent to
       210 11^th Avenue, Room 903, New York, New York 10001-1210.

   FEDERAL COMMUNICATIONS COMMISSION

   James T. Higgins

   Acting District Director

   Columbia Office

   Enforcement Bureau

   Commission records reflect that the application for assignment of station
   WKDL was granted on March 22, 2006, and the assignment was consummated on
   May 9, 2006.

   47 C.F.R. S 73.1745(a).

   The spectral data was gathered during this period using a spectrum
   analyzer and an automatic data logging program. The level difference
   between daytime power and nighttime power is approximately 25 dB. A review
   of the data showed that the station's power did not change within at least
   one hour or more of sunset, and no reduction of that magnitude (25 dB) was
   evident throughout the night on the days in question.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   47 C.F.R. S 1.80.

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

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

   47 C.F.R. SS 0.111, 0.311 and 1.80.

   ^8See 47 C.F.R. S 1.1914.

   Federal Communications Commission

   4

   Federal Communications Commission