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


In the Matter of                        )
                              )
Cornbelt Broadcasting Co.               )    File No. EB-02-
CG-104
Licensee of WHOW(AM) and WHOW-FM   )    NAL/Acct. No. 
200232320006
Clinton, Illinois                       )    FRN: 0003-7736-
94 


                MEMORANDUM OPINION AND ORDER

     Adopted:  March 31, 2003                Released:  
April 2, 2003

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION
                               
     1.   In this Memorandum  Opinion and Order (``Order''), 
we  grant  in  part  and  deny  in  part  the  petition  for 
reconsideration  filed on  November  27,  2002, by  Cornbelt 
Broadcasting    Co.    (``Cornbelt'').     Cornbelt    seeks 
reconsideration of the Forfeiture Order1 in which the Chief, 
Enforcement  Bureau  (``Bureau''),  found it  liable  for  a 
monetary  forfeiture  in  the  amount  of  $17,000  to,  for 
willfully  and   repeatedly  violating   Sections  11.35(a), 
17.4(g), and  73.49 of the Commission's  Rules (``Rules'').2  
The noted  violations involve Cornbelt's failure  to have an 
operational Emergency  Alert System (``EAS'')  decoder, post 
the  antenna structure  registration  (``ASR'') number,  and 
enclose its antenna structure within effective locked fences 
or other  enclosures.  For  the reasons discussed  below, we 
reduce the monetary forfeiture to $1,000.

                       II.  BACKGROUND

     2.   Cornbelt  is   the  licensee  of   radio  stations 
WHOW(AM) and  WHOW-FM in  Clinton, Illinois, and  owns those 
stations'  antenna structures.   On February  25, 2001,  the 
Bureau's  Chicago,  Illinois,   District  Office  (``Chicago 
Office'') received  a complaint  alleging that  WHOW(AM) and 
WHOW-FM were  operating in  violation of  various Commission 
rules.  As  a result  of that complaint,  an agent  from the 
Chicago Office  inspected those stations on  April 25, 2001.  
During the inspection, the agent observed that the stations' 
EAS decoder  was inoperative and  there were no  log entries 
indicating  why  the stations  did  not  receive EAS  tests.  
Additionally, the agent observed that the ASR number was not 
posted on  or near the  base of the antenna  structure.  The 
agent also  observed that  the AM station  antenna structure 
was not enclosed by an effective, locked fence.

     3.   On May 7, 2001, the Chicago Office issued Official 
Notices of Violation (``NOV'')  to Cornbelt citing violation 
of Sections  11.35(a), 17.4(g), and  73.49 of the  Rules and 
other violations.  Cornbelt did not respond to the NOVs.

     4.   On  February 27,  2002,  a second  agent from  the 
Chicago Office inspected stations WHOW(AM) and WHOW-FM.  The 
agent   observed  that   the  stations'   EAS  decoder   was 
inoperative and there were no log entries indicating why the 
stations did not receive EAS  tests; that the ASR number was 
not posted on or near the base of the antenna structure; and 
that the antenna structure was not enclosed by an effective, 
locked fence.

     5.   On  June 18,  2002, the  District Director  of the 
Chicago Office issued a $17,000 Notice of Apparent Liability 
for  Forfeiture  (``NAL'')  to   Cornbelt  for  willful  and 
repeated violation of Sections  11.35(a), 17.4(g), and 73.49 
of the  Rules.3  Cornbelt  did not file  a response   to the 
NAL.  On October 31, 2002,  the Bureau released a Forfeiture 
Order  affirming  the forfeiture  proposed  by  the NAL.  On 
November   27,  2002,   Cornbelt   filed   a  petition   for 
reconsideration of the Forfeiture  Order.  Cornbelt does not 
dispute  the violations  but  requests  cancellation of  the 
forfeiture.   Cornbelt  argues  that a  history  of  overall 
compliance mitigates the violations and that it is unable to 
pay the forfeiture.  To support  its inability to pay claim, 
Cornbelt submits  financial statements for 1998,  1999, 2000 
and  2001.   In  addition,  Cornbelt  states  that  stations 
WHOW(AM) and  WHOW-FM ``have been forced  off the air .  . . 
The company  . . . may  not be able to  secure the necessary 
funds to make  all equipment purchases and  repairs in order 
to recommence broadcast  operations.''4  Cornbelt's petition 
for reconsideration  does not  indicate whether  it complied 
with  Sections 11.35(a),  17.4(g),  and 73.49  of the  Rules 
while its radio  stations were still operating  and does not 
indicate how  it will achieve  compliance in the  event that 
its stations resume operation.

                       III.   DISCUSSION

     6.   Cornbelt  does  not  have  a  history  of  overall 
compliance.  The  Commission originally  detected Cornbelt's 
violations of  Sections 11.35(a), 17.4(g), and  73.49 of the 
Rules  on  April  25,  2001,   and  issued  NOVs  for  those 
violations on  May 7,  2001.  These violations  continued at 
least until  February 27, 2002.  Given  this extended period 
of noncompliance and the  recurrence of the violations after 
the issuance  of NOVs,  we cannot find  that Cornbelt  has a 
history of  overall compliance.5   We find, however,  on the 
basis  of the  financial information  provided by  Cornbelt, 
that Cornbelt  is unable to  pay the full  forfeiture amount 
and that the forfeiture amount should be reduced to $1,000.

     7.   There is  no evidence that Cornbelt  will actually 
comply  with Sections  11.35(a), 17.4(g),  and 73.49  of the 
Rules in  the event  that its stations  resume broadcasting.  
Accordingly, we will require,  pursuant to Section 308(b) of 
the Act,6 that Cornbelt report  to the Enforcement Bureau no 
more than  thirty (30)  days prior to  resuming broadcasting 
how it  plans to achieve compliance  with Sections 11.35(a), 
17.4(g), and  73.49 in  the event  that its  stations resume 
broadcasting.  Cornbelt's  report must  be submitted  in the 
form of an affidavit signed by an officer or director of the 
licensee.

                     IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 405  of the  Act,7 and Section  1.106 of  the Rules, 
Cornbelt's petition  for reconsideration of the  October 31, 
2002, Forfeiture  Order IS  GRANTED to  the extent  that the 
monetary forfeiture  IS REDUCED to  $1,000 and IS  DENIED in 
all other respects.

     9.   IT IS  ALSO ORDERED that, pursuant  Section 308(b) 
of the  Act, Cornbelt  must submit  the report  described in 
Paragraph 7, above,  no more than thirty (30)  days prior to 
resuming broadcasting, to Federal Communications Commission, 
Enforcement  Bureau, Technical  and Public  Safety Division, 
445 12th Street, S.W.,  Room 7-A820, Washington, D.C. 20554, 
Attention: Thomas D. Fitz-Gibbon, Esq.

     10.  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.8  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 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'') referenced above,  and should also note the 
NAL/Acct. No.  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. 20554.10

     11.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall by sent  by first class and by  certified mail, return 
receipt  requested, to  Mr. James  R. Livesay,  II, Cornbelt 
Broadcasting Co., South Route 51, R.R. 2, Box 117M, Clinton, 
Illinois 61727-9518.



                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 17 FCC Rcd 21553 (Enf. Bureau 2002).

2 47 C.F.R.  11.35(a), 17.4(g), 73.49.

3  Cornbelt  Broadcasting  Co., NAL/Acct.  No.  200232320006 
(Enf. Bur., Chicago District Office, rel. June 18, 2002).

4 In a letter dated  November 5, 2002, Cornbelt informed the 
Commission that  stations WHOW(AM) and WHOW-FM  were off the 
air  as  the result  of  vandalism  and the  destruction  of 
equipment  by a  former  employee.   The Commission's  Media 
Bureau  granted permission  for WHOW(AM)  and WHOW-FM  to be 
silent and  the Commission's  license records  indicate that 
those stations remain silent.

5 See TV 45 Productions, Inc., 17 FCC Rcd 11259, 11261 (Enf. 
Bur. 2002), Mount Rushmore citing Commercial Radio Service 
Corp., 16 FCC Rcd 3543, 3544 (Enf. Bur., Tech. & Pub. Safety 
Div. 2001) (duration of violation considered in determining 
whether there is a history of overall compliance).

6 47 U.S.C.  308(b)

7 47 U.S.C.  405.

8 47 C.F.R.  1.80.

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

10 See 47 C.F.R.  1.1914.