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

In the Matter of                )       File No. EB-02-AT-050
                                )
Sycamore Valley Broadcasting, Inc.   )       NAL/Acct.        No. 
200232480001
                               )        
Ashland City, TN                )       FRN 0003-7542-56
                                   
                        FORFEITURE ORDER 

Adopted:  August 13, 2002               Released:    August   15, 
2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary forfeiture in the amount of four thousand ($4,000)  to 
  Sycamore  Valley  Broadcasting,  Inc.  (``Sycamore''),  Ashland 
  City,  Tennessee,  for   repeated  and  willful  violation   of 
  Sections 11.52(d), 11.61(a),  17.50, 73.1400 and 73.1745(a)  of 
  the  Commission's Rules  (``Rules''),1   The  noted  violations 
  involve  Sycamore's failure:  to  monitor two  Emergency  Alert 
  System (``EAS'') sources; to send and receive the required  EAS 
  tests; to repaint  its antenna structure as often as  necessary 
  to   maintain   good   visibility;   to   maintain   sufficient 
  transmission  system  monitoring and  control;  and  to  reduce 
  transmitter power after sunset.

2.        On April 30, 2002,  the Commission's Atlanta,  Georgia, 
  District  Office  (``Atlanta  Office'')  issued  a  Notice   of 
  Apparent Liability for  Forfeiture (``NAL'') to Sycamore for  a 
  forfeiture  in  the  amount  of  twenty-five  thousand  dollars 
  ($25,000).2  Sycamore  filed a  response to the  NAL dated  May 
  14, 2002.

                         II.  BACKGROUND

3.        Sycamore is  the licensee  of  AM radio  station  WQSV, 
  Ashland City,  Tennessee, and  is the owner  of that  station's 
  antenna  structure.  On  or  about  October 26,  1995,  and  on 
  January  7,  1998,  the  Atlanta  Office  received   complaints 
  indicating  that Sycamore  did  not reduce  WQSV's  transmitter 
  power  after   sunset.    The  Atlanta   Office  sent   letters 
  concerning those  complaints to Sycamore  on October 26,  1995, 
  and on March 16, 1998, respectively.

4.        On January 26, 1999, an  agent from the Atlanta  Office 
  monitored  station  WQSV's  signal  and  made  field   strength 
  measurements which showed  that Sycamore did not reduce  WQSV's 
  power after sunset.3  On January 27, 1999, the agent  conducted 
  an  inspection of  station WQSV  and  found that,  among  other 
  violations, Sycamore  had: failed to  monitor two EAS  sources; 
  failed to  send and receive the  required EAS tests; failed  to 
  repaint  its  antenna  structure  as  often  as  necessary   to 
  maintain  good visibility;  and failed  to maintain  sufficient 
  transmission system monitoring and control.

5.        On February  5,  1999,  the Atlanta  Office  issued  an 
  Official  Notice  of   Violation  (``NOV'')  to  Sycamore   for 
  violations detected on January 26 and 27, 1999.  In a  response 
  received  February  17,  1999,  Sycamore  stated  that  it  had 
  corrected or would  correct all of the violations specified  in 
  the NOV.

6.        On November 19, 2001, the Atlanta Office received a new 
  complaint indicating that Sycamore did not reduce WQSV's  power 
  after  sunset.   On  the  same  day  the  Atlanta  Office  sent 
  Sycamore a  letter concerning  this complaint.   On February  4 
  and  5,  2002,  an agent  from  the  Atlanta  Office  monitored 
  station  WQSV's signal  and  made field  strength  measurements 
  which showed  that Sycamore did not  reduce WQSV's power  after 
  sunset.   On   February  5,  2002,   the  agent  conducted   an 
  inspection  of station  WQSV and  found that  station WQSV  was 
  capable of  monitoring only one EAS  source; that station  WQSV 
  could neither  send nor receive  EAS tests and  had no logs  or 
  other  records indicating  that the  station had  ever sent  or 
  received the required EAS tests; that WQSV's antenna  structure 
  had  over  60%  of its  orange  and  white  paint  flaked  off, 
  resulting  in  poor visibility;  and  that  WQSV's  transmitter 
  remote control equipment had an inoperative meter, causing  the 
  station operator to  be incapable of determining the  operating 
  power.

7.        On April 30, 2002, the  Atlanta Office issued a NAL  to 
  Sycamore in the amount of $25,000 for the violations set  forth 
  above.  In  its May  14, 2002,  response to  the NAL,  Sycamore 
  argues  that it  is  financially  unable to  pay  the  proposed 
  forfeiture.   As  support,  Sycamore  encloses  copies  of  its 
  Tennessee  State ``Franchise,  Excise'' tax  returns for  1999, 
  2000  and  2001.  Sycamore  also  argues  that  the  forfeiture 
  should  not be  imposed because  ``we  have corrected  all  the 
  problems referenced and  we have made every attempt to  operate 
  in compliance with the Commission's rules and regulations.''

                      III.      DISCUSSION

8.        The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b) of  the  Communications Act  of 
  1934, as amended,  (``Act''),4 Section 1.80 of the Rules,5  and 
  The Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC  Rcd 
  303 (1999) (``Policy  Statement'').  Section 503(b) of the  Act 
  requires   that,   in  examining   Sycamore's   response,   the 
  Commission take into account 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.6

9.        Section  11.52(d)  of  the  Rules  requires   broadcast 
  stations  to  monitor   two  EAS  sources.   Section   11.61(a) 
  requires broadcast stations  to perform weekly and monthly  EAS 
  tests.  Section  17.50 of  the Rules requires  owners to  clean 
  and repaint their  antenna structures as often as necessary  to 
  maintain  good  visibility.   Section  73.1400  of  the   Rules 
  requires broadcast  station licensees to maintain  transmission 
  system monitoring  and control  which is  sufficient to  assure 
  that, at all times, the station operates within the  tolerances 
  specified   by  the   applicable  technical   rules.    Section 
  73.1745(a)  of  the Rules  prohibits  broadcast  stations  from 
  operating with  any power  other than that  specified by  their 
  licenses.                                                                                    

10.       Sycamore does not  deny the violations  alleged in  the 
  NAL.  In  view of the facts set  forth above, we conclude  that 
  Sycamore  failed   to  monitor  two   Emergency  Alert   System 
  (``EAS'')  sources,  in  repeated  and  willful  violation   of 
  Section 11.52(d) of the  Rules; failed to send and receive  the 
  required  EAS  tests, in  repeated  and  willful  violation  of 
  Section 11.61(a)  of the Rules; failed  to repaint its  antenna 
  structure as  often as necessary  to maintain good  visibility, 
  in  repeated and  willful violation  of  Section 17.50  of  the 
  Rules;  failed  to  maintain  sufficient  transmission   system 
  monitoring and  control, in repeated  and willful violation  of 
  Section 73.1400 of the Rules; and did not operate station  WQSV 
  with  the power  specified  by  its license,  in  repeated  and 
  willful violation of Section 73.1745(a) of the Rules.

11.       Sycamore's remedial action  subsequent to  notification 
  of the  violations does not  warrant cancellation or  reduction 
  of  the proposed  forfeiture.7   However,  after reviewing  the 
  tax returns submitted by Sycamore, we find that a reduction  of 
  the proposed forfeiture  to $4,000 is appropriate on the  basis 
  of financial hardship.

12.       We have  examined Sycamore's  response  to the  NAL  in 
  light of the above statutory factors and the factors set  forth 
  in  the Policy  Statement.  Taking  all of  these factors  into 
  account,  we conclude  that  the proper  forfeiture  amount  is 
  $4,000.

                      IV. ORDERING CLAUSES

13.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4)  of 
  the Rules,8 Sycamore  Valley Broadcasting, Inc., IS LIABLE  FOR 
  A MONETARY FORFEITURE in the amount of $4,000 for repeated  and 
  willful  violation  of the  provisions  of  Sections  11.52(d), 
  11.61(a), 17.50, 73.1400 and 73.1745(a) of the Rules.

14.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  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.9   Payment shall 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.  200232480001, and  the 
  FRN  No. 0003-7542-56.   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. 20554.10

15.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be  sent  by  Certified  Mail  Return  Receipt  Requested   to, 
  Sycamore Valley Broadcasting,  Inc., WQSV Radio, P.O. Box  619, 
  Ashland City, TN 37015.

                         FEDERAL COMMUNICATIONS COMMISSION
                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1  47  C.F.R.    11.52(d),  11.61(a),  17.50,  73.1400,   and 
73.1745(a).

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232680002 (Enf.  Bur.,  Atlanta  Office,  released  April  30, 
2002).    

  3 WQSV's license authorized  it to operate with a power of  500 
watts during  daylight  hours and  35  watts between  sunset  and 
sunrise.  It is  not possible to  comply with these  requirements 
unless power is reduced after sunset.

  4 47 U.S.C.  503(b).

  5 47 C.F.R.  1.80.

  6 47 U.S.C.  503(b)(2)(D).

  7 See KGVH, Inc., 42 FCC 2d 258, 259 (1973).

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

  9 47 U.S.C.  504(a).

  10 See 47 C.F.R.  1.1914.