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


In the Matter of                )       
                                )       
Americom Las Vegas Limited Partnership  )    File  No.  EB-02-DV-
094
                                )
Licensee of FM Radio Station KWNZ       )    NAL/Acct.        No. 
200332800006
Carson City, Nevada             )       FRN 0003-7662-92
Facility ID # 53706             )       
                                

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  November 20, 2002        Released:  November 22, 2002

By the Chief, Enforcement Bureau:

                         I.  Introduction

1.        In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  that Americom Las  Vegas Limited  Partnership 
(``Americom''), licensee of FM  radio station KWNZ, Carson  City, 
Nevada, apparently  willfully  and  repeatedly  violated  Section 
1.1310 of  the  Commission's  Rules (``Rules'')1  by  failing  to 
comply  with   radio   frequency  radiation   (``RFR'')   maximum 
permissible exposure limits applicable to facilities, operations, 
or transmitters.  We conclude, pursuant to Section 503(b) of  the 
Communications Act of 1934, as amended (``Act''),2 that  Americom 
is apparently  liable  for a  forfeiture  in the  amount  of  ten 
thousand dollars ($10,000).

                         II.  Background

2.        In 1996, the Commission amended its rules to adopt  new 
guidelines  and  procedures  for  evaluating  the   environmental 
effects of  RFR  from  FCC regulated  facilities,  operations  or 
transmitters.3   The  Commission   adopted  maximum   permissible 
exposure  (``MPE'')  limits  for  electric  and  magnetic   field 
strength  and  power  density   for  facilities,  operations   or 
transmitters operating at frequencies from  300 kHz to 100  GHz.4  
The MPE limits,  which are  set forth  in Section  1.1310 of  the 
Rules,     include     limits     for     occupational/controlled 
(``occupational'')    exposure    and    limits    for    general 
population/uncontrolled (``public'') exposure.  The  occupational 
exposure limits apply in situations in which persons are  exposed 
as a consequence of their  employment provided those persons  are 
fully aware  of  the  potential for  exposure  and  can  exercise 
control  over  their  exposure.5   The  limits  for  occupational 
exposure  also  apply  in  situations  where  an  individual   is 
transient through a location where the occupational limits apply, 
provided that  he or  she  is made  aware  of the  potential  for 
exposure.  The  more stringent  public exposure  limits apply  in 
situations in  which the  general public  may be  exposed, or  in 
which  persons  that  are  exposed  as  a  consequence  of  their 
employment may not be fully  aware of the potential for  exposure 
or cannot exercise control over their exposure.6

3.        As of October  15, 1997, any  applicant for an  initial 
construction permit, license,  or renewal or  modification of  an 
existing license was required to demonstrate compliance with  the 
new RFR  MPE  limits, or  file  an Environmental  Assessment  and 
undergo environmental review by Commission staff.7  In  addition, 
all existing licensees were required to come into compliance with 
the  new RFR  MPE  limits  by  September  1,  2000,  or  file  an 
Environmental Assessment.8  

4.        Americom is  licensed to  operate KWNZ  on Channel  247 
(97.3 MHz) with  87 kilowatts effective  radiated power.  In  the 
June 1997 renewal application filed for KWNZ, Americom  certified 
that KWNZ was in compliance with the RFR MPE requirements then in 
effect and that no  Environmental Assessment was required.9   FCC 
records reflect no subsequent Environmental Assessment filing  by 
Americom for KWNZ. 

5.         On  November  6,  2001,  agents  from  the  FCC's  San 
Francisco, California  Field  Office (``San  Francisco  Office'') 
conducted a site  inspection at the  McClellan Peak antenna  site 
near  Carson  City,  Nevada.   The  McClellan  Peak  site  is  on 
unfenced, publicly accessible property  managed by the Bureau  of 
Land Management  (``BLM''),  located  at the  junction  of  three 
counties, Storey,  Washoe,  and Lyon  Counties,  approximately  4 
kilometers northeast  of Carson  City.   There are  13  broadcast 
stations which transmit from the McClellan Peak site.  During the 
November 6, 2001  inspection, the personal  RFR monitors worn  by 
the agents  began to  alarm while  in the  vicinity of  the  KWNZ 
transmitter site.  The personal RFR monitors are designed by  the 
manufacturer to begin alarming when RFR exposure levels reach  50 
percent of  the Commission's  occupational exposure  limit.   The 
occupational exposure limit is five times greater than the public 
exposure limit.   Thus, the  alarming appeared  to indicate  that 
there were RFR levels in excess of the MPE limit for the  general 
public in the vicinity of the KWNZ transmitter.  

6.         The agents subsequently  obtained a copy  of a May  7, 
1997,  RFR   study  conducted   by  an   independent   electrical 
engineering  consulting  firm  on  behalf  of  several  broadcast 
stations at the McClellan Peak site, including KWNZ.  This  study 
indicated that  spatially averaged  areas  around the  KWNZ  site 
existed that  were 46%  of the  FCC's  1982 RFR  MPE limit  of  1 
mW/cm2, or  0.460 mW/cm2  for  the 30-300  MHz band.   The  FCC's 
current RFR MPE limit  for the 30-300 MHz  frequency band is  0.2 
mW/cm2 for the general public.10  A comparison of the current MPE 
limit with  the RFR  measurements reported  in the  May 7,  1997, 
study revealed the  possibility that areas  around the KWNZ  site 
exceeded the current RFR MPE limit for the general public.

7.         On  May  1, 2002,  the  FCC's Denver,  Colorado  Field 
Office (``Denver Office'') issued  a Letter of Inquiry  (``LOI'') 
to Americom and 12 other broadcast licensees which transmit  from 
the McClellan Peak site regarding RFR compliance at the site  and 
advising that a site inspection would take place on May 15, 2002. 

8.         On May 14 and 15, 2002, FCC agents from the Denver and 
San  Francisco   Offices  conducted   measurements  in   publicly 
accessible areas throughout  the McClellan Peak  site.  The  site 
was easily accessible  to 4-wheel  drive vehicles  from a  public 
gravel and dirt  roadway off  Goni Road.   Two commercial  gravel 
pits were  located along  the  gravel roadway  to the  site.   An 
ungated internal dirt  road led  from the gravel  roadway to  the 
site,  with  multiple  branches  to  reach  the  various  antenna 
structures.  The agents observed that there were trails for  off-
road 4-wheel drive vehicles  and all terrain vehicles  (``ATVs'') 
along the gravel roadway and at the site itself.  The agents also 
observed members of  the public  driving ATVs,  ATV tire  tracks, 
campfire rings, beer and wine bottles, and other trash indicative 
of public use of the BLM site. 

9.         The measurements  taken by the  agents indicated  that 
there were  RFR fields  in publicly  accessible areas  at  ground 
level that exceeded the FCC's MPE limits for the general  public.  
The agents found  spatially averaged RFR  fields measuring  0.284 
mW/cm2, which exceeds the  MPE limits for  the general public  by 
42%, in unfenced areas between the KWNZ transmitter building  and 
the KWNZ antenna tower.  On May  15, 2002, at the request of  the 
agents, KWNZ temporarily  powered down  to enable  the agents  to 
determine if there were other significant RFR contributors in the 
primary 10 square foot area  identified as exceeding the  limits.  
While KWNZ was powered down, the RFR fields in this primary  area 
measured only 0.0115 mw/cm2  or 5.75% of the  RFR MPE limits  for 
the  general  public.   The  agents  also  requested  two   other 
broadcasters in the  immediate vicinity  to power  down in  turn.  
While each  of  the  other broadcasters  was  powered  down,  the 
measured RFR  fields in  the primary  area did  not change.   The 
agents determined,  based on  these measurements,  that KWNZ  was 
contributing over 94% of the measured RFR field.  

10.        On June 7, 2002, Americom submitted a response to  the 
May 1, 2002,  LOI and  the May 15,  2002, on-site  investigation.  
Americom asserted  that  because  the  site  is  remote  and  not 
frequently accessed by  the public,  KWNZ should be  held to  the 
less restrictive occupational MPE limit of 1 mw/cm2 and that KWNZ 
is in  compliance with  the occupational  exposure limit.   Along 
with its  response,  Americom  submitted an  affidavit  from  the 
Storey County Sheriff.  The affidavit states in part that:

     Although the  site  is technically  accessible  to  the 
     public, the mountaintop  site is remote  and the  roads 
     leading to  it are  not  easily navigated.   My  office 
     receives little or no call volume relating to the  site 
     and requiring  response.   My  office is  aware  of  no 
     significant foot traffic at the site.  In sum, it is my 
     conclusion  that  the  public  does  not   ``frequently 
     visit'' McClellan Peak.  Based on my experience, it  is 
     my conclusion that the general public is not likely  to 
     visit that site.

Americom further  stated that  the site  has been  treated as  an 
occupational environment,  and that  the site  complies with  the 
guidance set forth  in the  following passage  from OET  Bulletin 
6511:

     There may be situations where RF levels may exceed  the 
     MPE limits for the general public in remote areas, such 
     as mountain tops, that could conceivably be  accessible 
     but are not  likely to  be visited by  the public.   In 
     such cases, common sense should dictate how  compliance 
     is to be achieved.  If  the area is properly marked  by 
     appropriate warning signs, fencing  or the erection  of 
     other permanent barriers may not be necessary. 

11.       Americom also submitted  a report  of RFR  measurements 
conducted at  the McClellan  Peak site  on May  15, 2002,  by  an 
Americom consultant.  This  report shows  that RFR  fields in  an 
unfenced area adjacent to the KWNZ tower exceeded the MPE  limits 
for the general public  by 18%.  Americom stated  that out of  an 
abundance of caution,  they contracted  for this  location to  be 
fenced as if it were in an uncontrolled environment.

                        III.  Discussion

12.       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.12  The  term 
``repeated'' means the  commission or omission  of such act  more 
than once or for more than one day.13

13.       Section 1.1310  of  the  Rules  requires  licensees  to 
comply with RFR exposure limits. Table 1 in Section 1.1310 of the 
FCC's rules provides that  the public RFR MPE  limit for a  radio 
station operating on channel 247 (97.3 MHz) is 0.200 mW/cm2.  

14.       Americom  certified   in  the   1997  license   renewal 
application for radio station KWNZ that operation of station KWNZ 
in Carson City, Nevada, would comply with the FCC's RFR  exposure 
guidelines and would not require  the filing of an  Environmental 
Assessment.  At that time, the  evidence indicates that KWNZ  was 
in compliance  with  the FCC's  1982  RFR MPE  limits.   However, 
Americom was required to ensure  that by September 1, 2000,  KWNZ 
was in  compliance  with  the more  restrictive  RFR  MPE  limits 
adopted by  the  Commission in  1996,  or file  an  Environmental 
Assessment.  Based on RFR measurements  conducted in May 2002  by 
FCC agents  and  by  Americom's  consultant,  we  find  that  the 
operation of  KWNZ  created  RFR fields  that  exceeded  the  RFR 
exposure limits for the  public in unfenced, publicly  accessible 
areas. 

15.       Americom asserted in its response  to the May 1,  2002, 
LOI and the May 15,  2002, on-site inspection that the  McClellan 
Peak  site  is  remote.   Americom  also  asserted  that  it  has 
historically treated the areas at  the McClellan Peak site  which 
exceeded the public MPE limits as controlled areas subject to the 
occupational  MPE  limits.   In  support  of  these   assertions, 
American submitted  a statement  from the  Storey County  Sheriff 
that his office receives little or no call volume relating to the 
site.  However, we find that ample evidence exists that the  site 
was publicly  accessible and  was  in fact  used by  the  public, 
including agent observations  of the public  driving ATVs at  the 
site, a publicly  accessible, commercially used  road leading  to 
the site, ungated and unfenced dirt paths to the tower locations, 
off-road ATV trails,  ATV tire tracks,  campfire rings, beer  and 
wine bottles, and  other trash at  the site.  We  find that  this 
evidence supports  a conclusion  that the  areas were  and  could 
reasonably be expected to be used by the public.  

16.       Licensees bear responsibility  to comply  with the  RFR 
limits or  file  an  Environmental Assessment,  and  to  restrict 
access to  areas that  exceed the  RFR limits  or to  modify  the 
facility and operation  so as  to bring  the station's  operation 
into compliance with the RFR  exposure limits prior to public  or 
worker access to the impacted area.14  No RFR warning signs  were 
found in the  immediate vicinity  demarking the  primary area  in 
which RFR fields exceeded the  FCC's public limits.  A fence  did 
surround the  base of  the  KWNZ tower,  but  the fence  did  not 
encompass the primary  area exceeding the  FCC's RFR MPE  limits.  
Therefore, we also  find that  Americom did  not restrict  public 
access to areas where RFR exceeded the public MPE limits.  

17.       Based on the evidence before us, we find that  Americom 
willfully and repeatedly violated Section 1.1310 of the Rules  by 
exceeding the RFR MPE limits  for the general public and  failing 
to adequately take measures to prevent the public from  accessing 
areas that exceeded the RFR exposure limits. 

18.       The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section 1.80(b)  of the  Rules to  Incorporate  the 
Forfeiture Guidelines  (``Forfeiture Policy  Statement'')15  does 
not specify a maximum  base forfeiture for  violation of the  RFR 
MPE  limits  described   in  Section   1.1310.16   However,   the 
Commission  recently   determined   that  an   appropriate   base 
forfeiture amount for violation of the RFR MPE limits is $10,000, 
noting the public safety nature of the rules.17 

19.       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,18   which   include   the   nature, 
circumstances, extent, and gravity of the violation(s), 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.  We  believe that  the seriousness  of  the 
safety violation warrants the proposed $10,000 forfeiture amount.  
Accordingly,  applying  the   Forfeiture  Policy  Statement   and 
statutory factors to the instant case, we conclude that  Americom 
is apparently liable for a $10,000 forfeiture.

                      IV.  Ordering Clauses

20.       Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,19  Americom  Las  Vegas  Limited  Partnership,  IS  hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of ten thousand  dollars ($10,000) for  willfully and  repeatedly 
violating Section 1.1310 of the Rules.

21.       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,  Americom Las  Vegas Limited  Partnership, 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

22.       Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FCC  Registration  Number  (``FRN'') and  the  NAL/Acct.  No. 
referenced in the caption. 

23.       The response  if  any must  be  mailed to  the  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and  must  include  the NAL/Acct.  No.  referenced  in  the 
caption.

24.       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.

25.       Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.20

26.       Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate  filing  to  be  sent  to  the  Federal   Communications 
Commission,  Enforcement  Bureau,   Technical  &  Public   Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of  Communications Business  Opportunities (``OCBO'')  set 
forth in Attachment A of this Notice of Apparent Liability.  This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b) of the Act.   If you have questions  regarding any of  the 
information contained  in Attachment  A, please  contact OCBO  at 
(202) 418-0990.
27.       IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT  LIABILITY  shall  be  sent  by  first  class  mail  and 
certified mail, return receipt  requested, to Americom Las  Vegas 
Limited Partnership, Suite  1880, 1900 Avenue  of the Stars,  Los 
Angeles, California 90067.


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                David Solomon
                                Chief, Enforcement Bureau                                                     October 2002


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers

Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 C.F.R. 121.104 and 13 C.F.R.  121.106, respectively.

                  International Services
International Broadcast 
Stations
                                $12.5 Million in Annual 
                                    Receipts or Less






International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)




_________________________

1   47 C.F.R.  1.1310.
2
    47 U.S.C.  503(b).

3    Guidelines  for  Evaluating  the  Environmental  Effects  of 
Radiofrequency Radiation, Report and Order, ET Docket No.  93-62, 
11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum 
Opinion and Order,  11 FCC  Rcd 17512 (1996),  recon. granted  in 
part, Second Memorandum Opinion and Order and Notice of  Proposed 
Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 

4   See 47 C.F.R.  1.1310, Table 1.

  5  47 C.F.R.  1.1310, Note 1 to Table 1.  

  6  47 C.F.R.  1.1310, Note 2 to Table 1.  

7   Guidelines,  Second Memorandum Opinion  and Order and  Notice 
of Proposed  Rulemaking,  12  FCC  Rcd  at  13538;  47  C.F.R.   
1.1307(b)(4).

8   Guidelines,  Second Memorandum Opinion  and Order and  Notice 
of Proposed  Rulemaking,  12  FCC  Rcd  at  13540;  47  C.F.R.   
1.1307(b)(5).  See  also Public  Notice, Year  2000 Deadline  for 
Compliance with Commission's Regulations Regarding Human Exposure 
to Radiofrequency  Emissions  (released Feb.  25,  2000);  Public 
Notice, Erratum to February  25, 2000 Public  Notice, 15 FCC  Rcd 
13600 (released  April  27,  2000); Public  Notice,  Reminder  of 
September 1, 2000, Deadline  for Compliance with Regulations  for 
Human Exposure  to Radiofrequency  Emissions,  15 FCC  Rcd  18900 
(released Aug. 24, 2000).

9   At the time Americom filed the renewal application for  radio 
station KWNZ, the FCC's 1982 RFR MPE limits were still in effect. 

10  47  C.F.R.  1.1310, Table 1.   The FCC's 1982 RFR MPE  limit 
did not  distinguish between  controlled environments  (involving 
workers) and  uncontrolled  environments (involving  the  general 
public).  
11  OET Bulletin 65, ``Evaluating Compliance with FCC  Guidelines 
for Human  Exposure  to Radiofrequency  Electromagnetic  Fields'' 
(August 1997).

12  Section  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 ....''  See Southern California Broadcasting Co., 6  FCC 
Rcd 4387 (1991).

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

14  47 C.F.R.  1.1307(b)(1), 1.1307(b)(5) and 1.1310.

15  Forfeiture Policy Statement and Amendment of Section  1.80(b) 
of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 
17087 (1997), recon denied, 15 FCC Rcd 303 (1999).

16   The fact  that  the  Forfeiture Policy  Statement  does  not 
specify a base amount does not indicate that no forfeiture should 
be imposed.  The  Forfeiture Policy Statement  states that  ``... 
any  omission  of  a  specific   rule  violation  from  the   ... 
[forfeiture guidelines] ... should not signal that the Commission 
considers any unlisted violation  as nonexistent or  unimportant.  
Forfeiture Policy Statement, 12 FCC Rcd at 17099.  The Commission 
retains the discretion, moreover,  to depart from the  Forfeiture 
Policy Statement and issue  forfeitures on a case?by?case  basis, 
under its general forfeiture  authority contained in Section  503 
of the Act.  Id.

17  A-O Broadcasting  Corporation, FCC 02-312 (released  November 
18, 2002). 

18  47 U.S.C.  503(b)(2)(D).

19  47 C.F.R.  0.111, 0.311 and 1.80.

20  See 47 C.F.R.  1.1914.