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

In the Matter of                )
                                )
Monroe Area Broadcasters, Inc.  )    File No. EB-02-AT-092
                                )    NAL/Acct. No. 200232480009
Licensee of Station WRKQ(AM)    )    FRN 0003-7200-59
Madisonville, Tennessee         )    

                        FORFEITURE ORDER 

Adopted:  April 3, 2003            Released:  April 7, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the amount  of nine  thousand  dollars 
  ($9,000)  to  Monroe  Area  Broadcasters,  Inc.   (``Monroe''), 
  licensee  of  Station WRKQ(AM),  Madisonville,  Tennessee,  for 
  willful   and   repeated  violation   of   Sections   73.44(b), 
  73.1201(a)(2)  and   73.1745(a)  of   the  Commission's   Rules 
  (``Rules'').1  The  noted violations  involve Monroe's  failure 
  to adequately  attenuate WRKQ's transmission system  emissions, 
  failure to  identify WRKQ by call  sign, and operation of  WRKQ 
  at night with daytime power.

2.        On June  27, 2002,  the Commission's  Atlanta,  Georgia 
  Field Office (``Atlanta  Office'') issued a Notice of  Apparent 
  Liability for Forfeiture  (``NAL'') to Monroe for a  forfeiture 
  in  the amount  of  nine thousand  dollars  ($9,000).2   Monroe 
  filed a response to the NAL on July 10, 2002.

                         II.  BACKGROUND

3.        On March  21, 2002,  the  Atlanta Office  received  two 
  complaints alleging that WRKQ was not reducing power at  sunset 
  or identifying  by call sign, and  that WRKQ's transmitter  had 
  spurious emissions  which were interfering  with the  reception 
  of other stations, including the reception of WWV3 on 2.5  MHz.  
  WRKQ is licensed to operate on frequency 1250 kHz.  Its  second 
  harmonic of 2.5 MHz falls on WWV's authorized frequency of  2.5 
  MHz.

4.         On  May 14,  2002, an  agent from  the Atlanta  Office 
  monitored  WRKQ's   signal.   WRKQ's  authorization   specifies 
  daytime power  of 500 watts  and nighttime power  of 84  watts.  
  Field strength measurements  taken by the agent indicated  that 
  WRKQ did not reduce power at sunset as required by the  station 
  authorization.   Rather, WRKQ  remained  at daytime  power  all 
  night.  In addition,  spectrum analyzer measurements of  WRKQ's 
  second harmonic on 2.5  MHz revealed that it was attenuated  55 
  dB below  the unmodulated carrier  level.  Section 73.44(b)  of 
  the  Rules requires attenuation  of at  least 70 dB  for a  500 
  watt station.  The agent also observed that the station  failed 
  to identify by call sign between 7:00 and 10:00 p.m. 

5.        On May  15,  2002,  the agent  again  monitored  WRKQ's 
  signal.   Field  strength  measurements  taken  by  the   agent 
  indicated that WRKQ did not reduce power at sunset as  required 
  by  the  station  authorization.   Rather,  WRKQ  remained   at 
  daytime  power  all  night.   In  addition,  spectrum  analyzer 
  measurements  of  WRKQ's  second  harmonic  on  2.5  MHz  again 
  indicated that  it was attenuated 55  dB below the  unmodulated 
  carrier level.

6.        On May 16, 2002, the  agent inspected WRKQ.  The  agent 
  spoke with WRKQ's station manager, Delbert Smith, who  admitted 
  that the  station was  operating with daytime  power at  night.  
  Mr.  Smith   stated  that   the  station   had  received   oral 
  authorization  from an  FCC employee  to operate  with  daytime 
  power at  night, but  that he  had never  received any  written 
  authorization to do so.   The agent advised Mr. Smith that  the 
  transmitter's  second harmonic  was not  adequately  attenuated 
  and  that the  station  had failed  to  identify by  call  sign 
  during a three-hour period on May 14, 2002.

7.        On June 27, 2002, the Atlanta Office issued an NAL  for 
  a  $9,000  forfeiture  to  Monroe  for  failure  to  adequately 
  attenuate WRKQ's transmission  system emissions in willful  and 
  repeated violation  of Section 73.44(b)  of the Rules,  failure 
  to  identify  WRKQ  by  call  sign  in  willful  and   repeated 
  violation of Section 73.1201(a)(2) of the Rules, and  operation 
  of WRKQ  at night with  daytime power in  willful and  repeated 
  violation of Section  73.1745(a) of the Rules.  Monroe filed  a 
  response to the NAL on July 10, 2002.  In its response,  Monroe 
  states  that the  Commission  has granted  its  application  to 
  assign the license  for WRKQ to Sloan Radio, Inc.  (``Sloan''), 
  but that Sloan did not have its financing in place to  complete 
  the  purchase  of  the  station.4   Monroe  asserts  that  this 
  situation  has   kept  it  from   performing  some   preventive 
  maintenance.   In addition,  Monroe states  that Mr.  Smith  is 
  ``leasing'' the station  from Monroe, 5but that the station  is 
  in poor financial condition and Mr. Smith is doing the best  he 
  can to  operate the station  with limited financial  resources.  
  Monroe  also provides  a  letter  from Mr.  Smith.   Mr.  Smith 
  asserts that it would be unfair to impose a forfeiture for  the 
  Section  73.44(b)  violation because  he  was  unaware  of  the 
  problem until informed of it by the FCC agent on May 16,  2002.  
  Further,  Mr. Smith  states that  he was  unaware that  written 
  authorization from the FCC was required to operate the  station 
  at daytime power 24 hours per day and that he thought that  the 
  station had  been identifying  by call  sign.  Finally,  Monroe 
  indicates that all of the violations have been corrected.

                      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''),6 Section 1.80 of the Rules,7  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'').   In  examining  Monroe's 
  response,  Section  503(b)   of  the  Act  requires  that   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.8

9.        Section  73.44(b)  of  the  Rules  requires  that   the 
  emissions of  an AM station  that are removed  by more than  75 
  kHz from the carrier be attenuated at least 43 + 10 Log  (Power 
  in  watts)  or  80 dB  below  the  unmodulated  carrier  level, 
  whichever  is the  lesser  attenuation.9  Thus,  WRKQ's  second 
  harmonic on 2.5 MHz  should be attenuated at least 70 dB  below 
  the unmodulated carrier level.  On May 14 and 15, 2002,  WRKQ's 
  second harmonic on 2.5 MHz was attenuated only 55 dB below  the 
  unmodulated  carrier  level.  Mr.  Smith  asserts  that  it  is 
  unfair to  impose a  forfeiture for this  violation because  he 
  was  unaware of the  problem until  informed of it  by the  FCC 
  agent on May 16, 2002.  We disagree.  As noted in the NAL,  the 
  Atlanta Office issued a  Notice of Violation to Monroe on  June 
  4, 1998 for failing to attenuate its second harmonic  emissions 
  in  violation of  Section  73.44(b).  Moreover,  licensees  are 
  expected  to know  and comply  with the  Commission's  rules.10  
  Section 73.44(a)  of the  Rules requires  licensees to  measure 
  their  emissions to  ensure compliance  with Section  73.44(b).  
  In  addition,  Section   73.1590  of  the  Rules  requires   AM 
  licensees  to  make  measurements  for  spurious  and  harmonic 
  emissions on  an annual  basis to  demonstrate compliance  with 
  the  transmission  system  requirements  of  Section   73.44.11  
  Neither  Monroe   nor  Mr.  Smith   offer  any  evidence   that 
  measurements were taken  to ensure that WRKQ was in  compliance 
  with  Section 73.44(b).   Therefore,  we conclude  that  Monroe 
  willfully12 and repeatedly13  violated Section 73.44(b) of  the 
  Rules.14

10.       Section 73.1201(a)(2) of  the Rules requires  broadcast 
  stations to identify by call sign hourly, as close to the  hour 
  as possible,  at a natural break  in programming.  WRKQ  failed 
  to identify by call  sign during a three-hour period from  7:00 
  to 10:00 p.m. on May 14, 2002.  Although Mr. Smith states  that 
  he thought the station was identifying by call sign, he  offers 
  no evidence  of what, if any, steps  were taken to ensure  that 
  WRKQ  complied   with  the   identification  requirement.    We 
  accordingly  conclude  that  Monroe  willfully  and  repeatedly 
  violated Section 73.1201(a)(2).  

11.       Section  73.1745(a)  of  the  Rules  provides  that  no 
  broadcast  station shall  operate at  times, or  with modes  or 
  power, other  than those specified  in and made  a part of  the 
  license.   The license  for WRKQ  specifies 500  watts  daytime 
  power and  84 watts nighttime power.  On  May 14 and 15,  2002, 
  WRKQ did not reduce power at sunset as required in its  station 
  authorization,  but instead  operated  with daytime  power  all 
  night.    Mr.   Smith   maintains   that   he   received   oral 
  authorization to operate WRKQ with daytime power all night  and 
  that he was not  aware that written authorization from the  FCC 
  was required to operate  the station at daytime power 24  hours 
  per day.  However,  the Media Bureau's Audio Services  Division 
  has assured us that  it does not grant oral authorizations  for 
  AM  stations   to  operate   with  daytime   power  at   night.  
  Furthermore,  Section  73.1745(a)  clearly  prohibits  stations 
  from operating at power  other than that specified in and  made 
  part  of the license  and there  is no dispute  that Mr.  Smith 
  knew at what power the station was operating.  Accordingly,  we 
  conclude that Monroe willfully and repeatedly violated  Section 
  73.1745(a).

12.       Monroe asserts that  the station is  in poor  financial 
  condition.  However, as stated in the NAL, 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; or (3) some other reliable and  objective 
  documentation   that  accurately   reflects  the   petitioner's 
  current  financial   status.   Monroe  provided  no   financial 
  documentation with  its response  to the NAL  and therefore  we 
  have no  basis upon which  to evaluate its  ability to pay  the 
  forfeiture.   Finally, although  Monroe indicates  that all  of 
  the  violations  have   been  corrected,  the  Commission   has 
  repeatedly  stated that  remedial actions  taken to  correct  a 
  violation are not mitigating factors warranting reduction of  a 
  forfeiture.15  

13.       We have examined Monroe's response to the NAL  pursuant 
  to the  statutory factors  above, and in  conjunction with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude  that   Monroe  willfully   and  repeatedly   violated 
  Sections 73.44(b), 73.1201(a)(2)  and 73.1745(a) of the  Rules, 
  and  we  find  no  basis  to  rescind  or  reduce  the   $9,000 
  forfeiture proposed for these violations.  

                      IV.  ORDERING CLAUSES

14.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the Rules,16  Monroe Area  Broadcasters, Inc. IS  LIABLE FOR  A 
  MONETARY  FORFEITURE in  the amount  of nine  thousand  dollars 
  ($9,000)  for  willful  and  repeated  violations  of  Sections 
  73.44(b), 73.1201(a)(2) and 73.1745(a) of the Rules.

15.       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.17  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 reference  NAL/Acct. No.  200232480009 and  FRN 
  0003-7200-59.  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. 
  20554.18

16.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first  class mail and certified mail return  receipt 
  requested  to Monroe  Area Broadcasters,  Inc., P.O.  Box  489, 
  Madisonville, Tennessee 37354.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  73.44(b), 73.1201(a)(2) and 73.1745(a).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232480009 (Enf. Bur., Atlanta Office, released June 27, 2002).

  3 WWV  is licensed to the National  Bureau of Standards and  is 
used for time synchronization.

  4 The Commission  staff granted Monroe's application to  assign 
the license for  WRKQ to Sloan  on February 26,  2002.  File  No. 
BAL-20020107AAB.  This assignment has not been consummated.

  5 We take no view at this point whether there may have been  an 
unauthorized transfer of control of the station.

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

  7 47 C.F.R.  1.80.

  8 47 U.S.C.  503(b)(2)(D).

  9 Failure  of an AM  station to attenuate  its second  harmonic 
emissions  as  required  by   Section  73.44(b)  can  result   in 
interference to other stations.

  10  Sitka Broadcasting  Company, Inc.,  70  FCC 2d  2375,  2378 
(1979), citing Lowndes County Broadcasting Company, 23 FCC 2d  91 
(1970) and Emporium Broadcasting Company, 23 FCC 2d 868 (1970).  

  11 47 C.F.R.  73.1590.

  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,' 
... 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).

  13  Section 312(f)(2)  of the  Act provides  that ``[t]he  term 
`repeated,' ... 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 U.S.C.  312(f)(2).

  14 We  note that Monroe,  as licensee of  WRKQ, is  responsible 
for the  violations cited  in the  NAL notwithstanding  that  Mr. 
Smith may be acting as Monroe's agent.  In this regard, licensees 
are responsible for the acts and omissions of their employees and 
contractors.  See  Eure Family  Limited Partnership,  17 FCC  Rcd 
21861 (2002);  MTD, Inc.,  6 FCC  Rcd 34,  35 (1991);  Wagenvoord 
Broadcasting Co., 35 FCC 2d 361 (1972).  

  15 See  e.g., AT&T Wireless Services,  Inc., 17 FCC Rcd  21866, 
21871 (2002);  Seawest  Yacht Brokers,  9  FCC Rcd  6099  (1994); 
Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  16 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  17 47 U.S.C.  504(a).

  18 See 47 C.F.R.  1.1914.