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


In the Matter of                        )
                              )
Cherokee Broadcasting Company, Inc.          )    File 
Number EB-00-NF-309
WCVP (AM)                     )
P.O. Box 280                       )
Murphy, North Carolina                  )    NAL/Acct. No. 
200132640001


                      FORFEITURE ORDER

Adopted: February 23, 2001                        Released: 
February 27, 2001

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.   In this  Forfeiture Order (``Order''), we  issue a 
monetary  forfeiture  in the  amount  of  six thousand  five 
hundred  dollars  ($6,500)   against  Cherokee  Broadcasting 
Company, Inc. (``Cherokee  Broadcasting''), licensee of WCVP 
(AM), Murphy, North Carolina for willfully violating section 
11.35(a) of the Commission's  Rules (``Rules'').1  The noted 
violation   involves  Cherokee   Broadcasting's  July   2000 
operation  of WCVP  without working  Emergency Alert  System 
(``EAS'') equipment in place.

     2.   On  October  19,  2000, the  Enforcement  Bureau's 
Norfolk, Virginia  Resident Agent Office issued  a Notice of 
Apparent Liability (``NAL'') for Forfeiture in the amount of 
eight  thousand  dollars ($8,000).2   Cherokee  Broadcasting 
filed a response on November 17, 2000.

                       II.  BACKGROUND

     3.   On  July  1,  2000,  a  resident  agent  from  the 
Commission's   Norfolk,  Virginia   Resident  Agent   Office 
inspected WCVP.  The resident  agent found that, among other 
things,   Cherokee  Broadcasting   had  not   installed  EAS 
equipment at WCVP.
     
                      III.  DISCUSSION

     4.   Cherokee  Broadcasting concedes  that  it did  not 
have operational EAS equipment  in place during the resident 
agent's inspection  on July 1, 2000.   Cherokee Broadcasting 
contends that  its violation  was due to  the fact  that the 
terrain around WCVP prevented it from monitoring its two EAS 
sources.   Cherokee  Broadcasting  alleges that  on  several 
occasions it unsuccessfully attempted  to have its State EAS 
Coordinator   change   its   two   assigned   EAS   sources.  
Accordingly,  Cherokee Broadcasting  asks us  to rescind  or 
substantially reduce the proposed forfeiture.3 

     5.   We do not believe  that rescission or reduction of 
the  forfeiture is  warranted because  Cherokee Broadcasting 
allegedly could not get the  State EAS Coordinator to change 
its two  assigned EAS  sources.  Section 11.52(d)(1)  of the 
Rules states as follows:

          If  the required  EAS sources  cannot be 
          received, alternative  arrangements or a 
          waiver  may   be  obtained   by  written 
          request to  the FCC  EAS office.   In an 
          emergency, a  waiver may be  issued over 
          the telephone with a follow up letter to 
          confirm    temporary     or    permanent 
          reassignment.4   

Cherokee Broadcasting presents no evidence that it attempted 
to contact the FCC EAS office prior to the inspection.5 
           
     6.   Cherokee Broadcasting  also asks  us to  cancel or 
substantially reduce  the $8,000  forfeiture because  of its 
demonstrated history of complying  with the Rules during its 
approximately  twenty-year operation  of  WCVP.  During  our 
review of  FCC records, we found  that Cherokee Broadcasting 
had  a  history  of   overall  compliance  with  the  Rules.  
Consequently,  in  this  case,  we will  reduce  the  $8,000 
forfeiture to $6,500.
 
                    IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of the  Communications Act of 1934 (``Act''), 
as amended,6  and sections  0.111, 0.311, and  1.80(f)(4) of 
the Rules,7  Cherokee Broadcasting IS LIABLE  FOR A MONETARY 
FORFEITURE in  the amount of $6,500  for willfully violating 
Section 11.35(a) of the Rules requiring it to have operating 
EAS equipment in place.8

     8.   Payment  of the  forfeiture shall  be made  in the 
manner provided for in section 1.80 of the Rules,9 within 30 
days of the release of this Order.  If the forfeiture is not 
paid within the  period specified, the case  may be referred 
to  the Department  of  Justice for  collection pursuant  to 
section 504(a) of the Act.10  Payment may be made by mailing 
a check or  similar instrument, payable to the  order of the 
``Federal  Communications   Commission,''  to   the  Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.   The  payment  should note  the  NAL/Acct.  No. 
200132640001  referenced above.   Requests for  full payment 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.11

     9.   IT  IS   FURTHER  ORDERED  that  copies   of  this 
Forfeiture  Order shall  be  sent by  Certified Mail  Return 
Receipt  Requested to  Cherokee Broadcasting  Company, Inc., 
P.O. Box 280,  Murphy, North Carolina 28906,  and to Timothy 
K. Brady,  Esq., counsel for Cherokee  Broadcasting, at P.O. 
Box 71309, Newnan, Georgia 30271. 
 

                         FEDERAL COMMUNICATIONS COMMISSION


                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R.  11.35(a).

     2   Notice  of   Apparent  Liability   for  Forfeiture, 
NAL/Acct.  No.  200132640001  (Enf. Bur.,  Norfolk  Resident 
Agent Office, rel. Oct. 19, 2000).

     3  According to  Cherokee Broadcasting,  as of  July 7, 
2000,  ``all  EAS  equipment  was installed  and  was  fully 
operational.  .  .  .''   Response  to  Notice  of  Apparent 
Liability for Forfeiture, Blakemore Declaration.

     4 47 C.F.R.  11.52(d)(1).

     5 Cherokee Broadcasting indicates that it contacted the 
FCC EAS  office, which provided assistance  in resolving the 
matter, after the inspection.
       
     6 47 U.S.C.  503(b).

     7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
 
     8 47 C.F.R.  11.35(a).

     9 47 C.F.R.  1.80.

     10 47 U.S.C.  504(a).

     11 See 47 C.F.R.  1.1914.