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

In the Matter of                )
                                )
J4 Broadcasting of Cincinnati, Inc.  )  File No. EB-01-DT-657
                                )    NAL/Acct. No. 200232360007
Licensee of Station WCIN(AM)    )    FRN 0004-2892-60
Cincinnati, Ohio                )    

                        FORFEITURE ORDER 

Adopted:  February 4, 2003              Released:   February   6, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the amount  of five  thousand  dollars 
  ($5,000)  to   J4  Broadcasting  of   Cincinnati,  Inc.   (``J4 
  Broadcasting''),  licensee  of  Station  WCIN(AM),  Cincinnati, 
  Ohio,   for  willful   and  repeated   violation  of   Sections 
  73.51(e)(2)  and   73.1560(a)(1)  of  the  Commission's   Rules 
  (``Rules'').1  The  noted violations involve J4  Broadcasting's 
  failure  to  maintain a  record  of  the  station's  efficiency 
  factor ``F''  used to determine  operating power and  operation 
  of WCIN with power in excess of 105% of the authorized power.  

2.        On June 20,  2002, the  Commission's Detroit,  Michigan 
  Field Office (``Detroit  Office'') issued a Notice of  Apparent 
  Liability for  Forfeiture (``NAL'')  to J4  Broadcasting for  a 
  forfeiture in  the amount of  five thousand dollars  ($5,000).2  
  J4  Broadcasting filed  a response  to the  NAL on  August  20, 
  2002.

                         II.  BACKGROUND

3.        In  1996,  after  being  evicted  from  its  authorized 
  transmitter  site, J4  Broadcasting requested  and was  granted 
  Special Temporary Authorization (``STA'') to operate WCIN  from 
  a temporary site at reduced power while it located a  permanent 
  site.  In 1997, after J4 Broadcasting located a permanent  site 
  for WCIN and filed an application for a construction permit  to 
  relocate WCIN  to that site,3 the  Commission staff granted  J4 
  Broadcasting's request  for STA  to operate  from the  proposed 
  permanent  site with  a daytime  non-directional power  of  250 
  watts and a  nighttime non-directional power of 15 watts.   The 
  Commission   staff  has   granted  J4   Broadcasting   numerous 
  extensions of this STA since that time.

4.        On  September  19,  2000,  the  Commission  received  a 
  complaint  alleging,   among  other  things,   that  WCIN   was 
  operating with power  in excess of its authorized power  during 
  both daytime and nighttime hours.  

5.        On September 26, 2000, an agent from the Detroit Office 
  monitored and  made field  strength measurements  of WCIN.   On 
  September  27,  2000,  the  agent  again  made  field  strength 
  measurements of WCIN and then inspected WCIN.  The agent  found 
  numerous  rule  violations, including  violations  of  Sections 
  73.51(e)(2) and 73.1560(a)(1) (failure to maintain a record  of 
  the  station's efficiency  factor ``F''  and operation  of  the 
  station with power in excess of 105% of the authorized  daytime 
  and nighttime power limits).

6.        On November  27,  2000,  the Detroit  Office  issued  a 
  Notice of Violation  (``NOV'') to J4 Broadcasting for  numerous 
  rule   violations,  including   the  violations   of   Sections 
  73.51(e)(2)  and 73.1560(a)(1).   J4 Broadcasting  submitted  a 
  response to the NOV on December 6, 2000, detailing the  actions 
  it was taking  to remedy the violations, and supplemented  this 
  response on December 9, 2000.  

7.        On  November  7,  2001,  the  Detroit  Office  received 
  another complaint alleging  that WCIN was operating with  power 
  in  excess  of  its  authorized  daytime  and  nighttime  power 
  limits.  

8.        On January 16,  2002, and  again on  January 17,  2002, 
  agents  from  the  Detroit  Office  monitored  and  made  field 
  strength measurements of  WCIN both prior to and after  sunset.  
  The field strength  measurements taken by the agents  indicated 
  that WCIN  was operating in  excess of 105%  of its  authorized 
  power   during   both   daytime   and   nighttime    operation.  
  Specifically, the agents determined that WCIN was operating  at 
  2070 watts during  both daytime and nighttime operation,  which 
  was approximately  828% of the daytime  power of 250 watts  and 
  approximately  13,800%  of the  nighttime  power  of  15  watts 
  permitted  by the  STA.4  The  agents  also inspected  WCIN  on 
  January  17,  2002.   The  inspection  revealed,  among   other 
  things,  that  the  station  did  not  have  a  record  of  the 
  efficiency factor ``F'' used to determine the operating  power, 
  station personnel were  not monitoring the station's  operating 
  power, and station personnel did not know how to determine  the 
  station's operating power or how to switch to nighttime power.

9.        On January 22, 2002, J4  Broadcasting sent a letter  to 
  the Detroit Office  addressing some of the violations noted  at 
  the time  of the inspection.   On March 22,  2002, the  Detroit 
  Office  issued an  NOV to  J4  Broadcasting for  numerous  rule 
  violations,  including the  subject violations  before us.   On 
  April 5,  2002, the Detroit  Office received J4  Broadcasting's 
  response to the NOV, which described the actions it was  taking 
  to correct the violations.

10.       On June  20, 2002,  the Detroit  Office issued  an  NAL 
  finding  J4  Broadcasting   apparently  liable  for  a   $5,000 
  forfeiture for  failure to maintain a  record of the  station's 
  efficiency factor  ``F'' used to  determine operating power  in 
  willful and  repeated violation of  Section 73.51(e)(2) of  the 
  Rules and  operation of WCIN  with power in  excess of 105%  of 
  the  authorized power  in  willful and  repeated  violation  of 
  Section 73.1560(a)(1)  of the  Rules.  In its  response to  the 
  NAL, J4  Broadcasting does not dispute  that it violated  these 
  rules.  However, J4  Broadcasting requests cancellation of  the 
  proposed forfeiture and submits its tax returns for 1999,  2000 
  and 2001 in support of this request.

                      III.      DISCUSSION

11.       The forfeiture  amount in  this  case was  assessed  in 
  accordance with  Section 503(b)  of the  Communications Act  of 
  1934, as amended,  (``Act''),5 Section 1.80 of the Rules,6  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   J4 
  Broadcasting'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.7

12.        Section  73.51(e)(2)  of  the Rules  requires  that  a 
  record of  the efficiency  factor ``F'' used  in determining  a 
  station's operating  power be  kept in  the station's  records.  
  Without a record of the efficiency factor, a station is  unable 
  to determine its operating power using the indirect method  and 
  therefore is  unable to  determine whether it  is operating  at 
  its authorized power levels.  J4 Broadcasting does not  dispute 
  that it  failed to maintain a  record of the efficiency  factor 
  ``F'' in  its station records.   Accordingly, we conclude  that 
  J4  Broadcasting willfully8  and repeatedly9  violated  Section 
  73.51(e)(2) of the Rules.

13.       Section 73.1560(a)(1)  of  the Rules  provides  that  a 
  station may  not operate in  excess of 105%  of its  authorized 
  power.  J4 Broadcasting does not dispute that it operated  WCIN 
  in  excess of  105% of  the  authorized daytime  and  nighttime 
  power.    Accordingly,  we   conclude  that   J4   Broadcasting 
  willfully and repeatedly violated Section 73.1560(a)(1) of  the 
  Rules. 

14.       Although J4 Broadcasting  does not specifically  assert 
  that it is unable to pay the $5,000 forfeiture proposed in  the 
  NAL  for these  violations,  it requests  cancellation  of  the 
  forfeiture  and submits  copies of  its tax  returns for  1999, 
  2000 and 2001 in  support of this request.  The Commission  has 
  repeatedly held  that a company's gross  revenues are the  best 
  indicator  of  its  ability  to  pay  a  forfeiture.10    After 
  considering   the  financial   information  submitted   by   J4 
  Broadcasting,  we   conclude  that  its   gross  revenues   are 
  sufficient to enable it to pay a $5,000 forfeiture.

15.       We have examined J4 Broadcasting'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 J4  Broadcasting  willfully  and  repeatedly 
  violated Sections 73.51(e)(2)  and 73.1560(a)(1) of the  Rules, 
  and  we find  no  basis to  rescind  or reduce  the  forfeiture 
  proposed for these violations.  

                      IV.  ORDERING CLAUSES

16.       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,11 J4 Broadcasting of Cincinnati, Inc. IS LIABLE  FOR 
  A MONETARY  FORFEITURE in the amount  of five thousand  dollars 
  ($5,000)  for  willful  and  repeated  violations  of  Sections 
  73.51(e)(2) and 73.1560(a)(1) of the Rules.

17.       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.12  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.  200232360007 and  FRN 
  0004-2892-60.  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. 
  20554.13

18.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first class mail and certified mail, return  receipt 
  requested,  to  J4  Broadcasting  of  Cincinnati,  Inc.,   3540 
  Reading Road, Cincinnati, Ohio 45229.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  73.51(e)(2) and 73.1560(a)(1).  

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232360007 (Enf. Bur., Detroit Office, released June 20, 2002).

  3 The  Commission staff granted  J4 Broadcasting's  application 
for a  construction permit  on February  18, 1998  (File No.  BP-
19960531AD), but dismissed its application for a license to cover 
the construction permit (File No. 20010216ABA) on August 7, 2001, 
after  finding  that  the  special  operating  restrictions   and 
conditions specified  in the  construction  permit had  not  been 
satisfied.  Thus,  J4 Broadcasting's  construction permit,  which 
had expired on March 15, 2001,  was forfeited on August 7,  2001.  
J4  Broadcasting  has  since  filed  another  application  for  a 
construction permit to relocate WCIN to the permanent site  (File 
No. BP-20011015AGS).  That application remains pending.

  4 At  the time  of the  inspection, J4  Broadcasting's STA  had 
actually expired.   However,  the Commission  staff  subsequently 
granted J4 Broadcasting's  request for another  extension of  its 
STA.  Given that J4 Broadcasting has been operating WCIN pursuant 
to STA at  reduced power for  more than five  years and that  the 
Commission staff has denied J4 Broadcasting's requests to  modify 
the STA to increase its  daytime and nighttime power, the  agents 
properly used the daytime and nighttime power levels set forth in 
the expired STA in determining that J4 Broadcasting was operating 
in excess of 105% of its authorized power levels.

  5 47 U.S.C.  503(b).

  6 47 C.F.R.  1.80.

  7 47 U.S.C.  503(b)(2)(D).

  8 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).

  9 Section  312(f)(2) of the Act,  47 U.S.C.  312(f)(2),  which 
also applies to forfeitures  assessed pursuant to Section  503(b) 
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.''  

  10  See Long  Distance  Direct, Inc.,  15  FCC Rcd  3297,  3305 
(2000); PJB Communications  of Virginia,  Inc., 7  FCC Rcd  2088, 
2089 (1991).   The  Commission  has also  stated  that  if  gross 
revenues are  sufficiently  great,  the  existence  of  operating 
losses does not by  itself mean that a  company cannot afford  to 
pay a forfeiture.  Id.  

  11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  12 47 U.S.C.  504(a).

  13 See 47 C.F.R.  1.1914.