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

In the Matter of                        )
                              )
East Tennessee Radio Group, L.P.        )    File Number EB-02-
AT-231
                              )
Owner of Antenna Structure Registration No.  )    NAL/Acct. No. 
200232480010
1063413 in Sevierville, Tennessee       )    
                              )    FRN 0005-0880-67
Dalton, Georgia                         )

                        FORFEITURE ORDER

Adopted:   March 24, 2003                    Released:  March 26, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in  the amount of  two thousand four  hundred 
dollars ($2,400)  to  East  Tennessee Radio  Group  L.P.  (``East 
Tennessee''),  owner  of  an   antenna  structure  with   Antenna 
Structure Registration (``ASR'')  number 1063413 in  Sevierville, 
Tennessee,  for  willfully   violating  Section   17.57  of   the 
Commission's Rules  (``Rules'').1  The  noted violation  involves 
East Tennessee's failure to notify the Commission immediately  of 
a change in ownership of the antenna structure.
 
     2.   On June 27, 2002, the FCC Enforcement Bureau's Atlanta, 
Georgia Field  Office (``Atlanta  Office'')  issued a  Notice  of 
Apparent Liability for Forfeiture (``NAL'') in the amount of five 
thousand dollars  ($5,000) to  East Tennessee.2   East  Tennessee 
filed a response on August 16, 2002.

                         II. BACKGROUND

     3.   On May  15,  2002, an  agent  from the  Atlanta  Office 
inspected the  antenna  structure  of  WSEV(AM)  in  Sevierville, 
Tennessee.3  The agent was unable to locate an ASR number  posted 
on or near the tower, its  fence, building, gate, or anywhere  on 
the property.

     4.   On May 15,  2002, the agent  inspected WSEV(AM) at  its 
studio in Sevierville, Tennessee.  After advising East  Tennessee 
of its failure  to post the  ASR number, the  agent conducted  an 
interview with the station's chief engineer, who stated that  the 
ASR posting had  recently been  vandalized and had  not yet  been 
reposted.  FCC records  indicated that the  owner of the  antenna 
structure was  Dollywood  Broadcasting; however,  East  Tennessee 
advised the agent that it was the owner of the antenna  structure 
and that Dollywood Broadcasting was the previous owner.

     5.   On June 27, 2002 the Atlanta Office issued an NAL for a 
$5,000 forfeiture to East Tennessee  for failure to post its  ASR 
number on or near  the base of its  antenna structure in  willful 
violation of Section 17.4(g) of the Rules4 and failure to  notify 
the Commission  immediately  of  a change  in  ownership  of  the 
antenna structure in  willful violation of  Section 17.57 of  the 
Rules.  In its response  to the NAL,  East Tennessee argues  that 
the $2,000 forfeiture proposed for the Section 17.4(g)  violation 
should be set aside because it took action to replace the missing 
ASR sign prior to the inspection of the antenna structure by  the 
FCC agent.  East Tennessee asserts that it has suffered recurring 
vandalism at its transmitter site  and has replaced its ASR  sign 
three  times  during  the  past  eight  months.   East  Tennessee 
provides a  sworn declaration  from  its contract  engineer,  who 
states that he noticed the sign was missing about a week prior to 
the FCC inspection, promptly ordered a replacement sign, and  was 
preparing to post the new sign when the FCC agent discovered  the 
violation.  The engineer  further states that  he posted the  new 
sign immediately following the  inspection.  East Tennessee  also 
seeks cancellation of the $3,000 forfeiture proposed for  failure 
to notify  the  Commission of  the  change in  ownership  of  the 
antenna structure.  East Tennessee states that it consummated the 
assignment of license for WSEV(AM) from Dollywood Broadcasting on 
May 10,  2000,  and  notified  the FCC  the  next  day  that  the 
assignment had been consummated.  East Tennessee asserts that  it 
believed in good faith that this notification adequately  alerted 
the FCC to the change in ownership of the antenna structure.   In 
addition, East  Tennessee  asserts  that  when  informed  of  the 
Commission's  outdated   records  of   the  antenna   structure's 
ownership, it  promptly  took  steps  to  remedy  the  violation.  
Finally, East  Tennessee  submits  that its  overall  history  of 
compliance with the Commission's rules warrants reduction of  the 
forfeiture amount.

                         III. DISCUSSION

          6.   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 Commission's  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).   In  examining East  Tennessee'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

          7.   Section 17.4(g) of the Rules requires that the ASR 
number be displayed in a conspicuous place so that it is  readily 
visible near the base of the  antenna structure.  On the date  of 
the inspection,  East  Tennessee  did not  have  its  ASR  number 
posted.  However,  East Tennessee  provides a  sworn  declaration 
from its contract engineer, who  states that he noticed the  sign 
was missing about a  week prior to  the FCC inspection,  promptly 
ordered a replacement  sign, and  was preparing to  post the  new 
sign when the FCC agent  discovered the violation.  Although  the 
Commission has repeatedly stated  that remedial actions taken  to 
correct  a  violation  are  not  mitigating  factors   warranting 
reduction  of  a  forfeiture,8  the  record  reflects  that  East 
Tennessee promptly took action to replace the missing sign  prior 
to the FCC inspection.  Thus, its corrective action stemmed  from 
its own voluntary and timely efforts, not just a hasty attempt to 
comply due to the FCC inspection.9  Under these circumstances, we 
conclude that  cancellation of  the  $2,000 forfeiture  for  this 
violation is warranted.      

     8.   Section  17.57  of  the   Rules  requires  an   antenna 
structure owner  to  notify  the Commission  immediately  of  any 
change in ownership  information for an  antenna structure  using 
FCC Form 854.  At the time of the inspection, Commission  records 
reflected that  Dollywood  Broadcasting  was the  owner  of  East 
Tennessee's  Sevierville,  Tennessee  antenna  structure.    East 
Tennessee argues that the forfeiture for violating Section  17.57 
should be set aside  because it believed in  good faith that  its 
filing of a  notification of  consummation of  the assignment  of 
license for WSEV(AM) was adequate to notify the Commission of the 
change in  ownership  of  the antenna  structure.   We  disagree.  
Section 17.57 clearly requires that owners notify the  Commission 
of a change in ownership of  an antenna structure using FCC  Form 
854.   Licensees  are  expected  to  know  and  comply  with  the 
Commission's rules.10  East Tennessee  provides no evidence  that 
it took  steps to  ensure  that it  was  in compliance  with  the 
requirements of Section 17.57.  Furthermore, while East Tennessee 
asserts that it promptly took steps to remedy the violation after 
the FCC inspection,  as noted  above, remedial  actions taken  to 
correct  a  violation  are  not  mitigating  factors   justifying 
reduction of a  forfeiture.  Accordingly, we  conclude that  East 
Tennessee willfully11  violated Section  17.57 of  the Rules  and 
that cancellation of the $3,000 forfeiture for this violation  is 
not warranted.  However, after considering East Tennessee's  past 
history of  compliance,  we  reduce the  forfeiture  amount  from 
$3,000 to $2,400.

                      IV. ORDERING CLAUSES

     9.   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,12 East Tennessee IS  LIABLE FOR A MONETARY  FORFEITURE 
in the amount of $2,400 for willfully violating Section 17.57  of 
the Rules.

     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.  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.13  
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  note 
NAL/Acct. No. 200232480010  and FRN  0005-0880-67.  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. 20554.14

          11.  IT IS FURTHER ORDERED that  copies of this Order  shall 
be sent by  first class  mail and certified  mail return  receipt 
requested to  East Tennessee  Radio Group,  L.P., P.O.  Box  1284 
Dalton, GA  37862, and  to its  counsel, Brian  M. Madden,  Esq., 
Leventhal, Senter, & Lerman, P.L.L.C.,  Suite 600, 2000 K  Street 
N.W., Washington, D.C. 20006-1809.
 

                         FEDERAL COMMUNICATIONS COMMISSION
     
                    

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1  47 C.F.R.  17.57.

2   Notice of  Apparent  Liability for  Forfeiture,  NAL/Acct.No. 
200232480010 (Enf. Bur., Atlanta Office, rel. June 27, 2002).

  3 East Tennessee is  the licensee of radio station WSEV(AM)  as 
well as owner of the antenna structure.
  4 47 C.F.R.  17.4(g).

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

  6 47 C.F.R.  1.80.

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

  8 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).

  9 See Motorola, Inc., 12 FCC Rcd 15268 (1997).

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

  12 47 C.F.R.  0.111, 0.311, 1.80(f)(4). 
 
  13 47 U.S.C.  504(a).

  14 See 47 C.F.R.  1.1914.