Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


In the Matter of                 )
                                )
Tri-County Broadcasting, Inc.    )    File No. EB-02-NF-030
                                )    NAL/Acct. No. 200232640007
Licensee of Station WBRG(AM)     )    FRN 0006-0159-29
Madison Heights, Virginia        )



                  MEMORANDUM OPINION AND ORDER

   Adopted:  May 21, 2004               Released:  May 25, 2004

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this Memorandum Opinion and Order (Order), we deny a 
June 12, 2003  petition for reconsideration  filed by  Tri-County 
Broadcasting, Inc.  (Tri-County), licensee  of Station  WBRG(AM), 
Madison Heights, Virginia.  Tri-County seeks reconsideration of a 
May 13, 2003 Forfeiture Order,1  in which the Enforcement  Bureau 
imposed a  monetary forfeiture  in the  amount of  four  thousand 
dollars ($4,000) for  willful and repeated  violation of  Section 
73.1745(a)  of  the  Commission's  Rules  (Rules).2   The   noted 
violation  involves  Tri-County's  failure  to  reduce  power  at 
WBRG(AM) at  sunset and  to limit  WBRG(AM)'s pre-sunrise  power.  
Tri-County does not deny violating  the subject rule, but  rather 
challenges the finding that there  was no basis for reduction  of 
the forfeiture amount.3  

                         II.  DISCUSSION

     2.   Tri-County again submits tax returns for 1999, 2000 and 
2001.  Tri-County also  submits a  2002 tax return  which is  not 
substantially different than those we previously determined  were 
insufficient to  warrant  a  cancellation  or  reduction  of  the 
forfeiture  amount.    Tri-County  argues   that  this   marginal 
operation belies our reliance upon Long Distance Direct4 and  PJB 
Communications  of  Virginia5  for  the  proposition  that  gross 
revenues are the best indicator of a company's financial  ability 
to pay a forfeiture amount.  We disagree.  We do not find that  a 
$4,000 forfeiture amount is excessive when compared to an average 
of the combined gross revenues for the years 1999, 2000 and 2001, 
or for the years 2000, 2001 and 2002.6  Accordingly, no reduction 
of the monetary forfeiture is warranted.

                   III.      ORDERING CLAUSES

     3.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the Communications  Act of 1934,  as amended7 and  Section 
1.106 of the Rules,8  Tri-County's Petition for  Reconsideration, 
filed June 12, 2003, IS DENIED.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules9 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.10  
Payment shall 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. 200232640007, and  FRN 0006-0159-29.  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. 20554.11

     5.   IT IS FURTHER ORDERED THAT this Order shall be sent  by 
first class mail and certified mail, return receipt requested, to 
Tri-County Broadcasting,  Inc.,  P.O.  Box  1079,  Lynchburg,  VA 
24505, and  to its  counsel Lewis  H. Goldman,  45 Dudley  Court, 
Bethesda, MD 20814.                     

                       FEDERAL COMMUNICATIONS COMMISSION

                         


                           David H. Solomon
                           Chief, Enforcement Bureau


_________________________

1 Tri-County Broadcasting, 18 FCC Rcd 9582 (Enf. Bur. 2003).
2 47 C.F.R.  73.1745(a).
3 Petition at 2.
4 Long Distance Direct, 15 FCC Rcd 3297, 3305 (2000).
5 PJB Communications, 7 FCC Rcd 2088, 2089 (1992).
6 See  PJB Communications,  7  FCC Rcd  at 2089  (forfeiture  not 
deemed excessive where it represented approximately 2.02  percent 
of the violator's gross revenues); Local Long Distance, Inc.,  16 
FCC Rcd  at  10025  (forfeiture not  deemed  excessive  where  it 
represented approximately  7.9 percent  of the  violator's  gross 
revenues); Hoosier  Broadcasting Corporation,  15 FCC  Rcd  8640, 
8641 (Enf. Bur. 2002) (forfeiture  not deemed excessive where  it 
represented approximately  7.6  percent of  the  violators  gross 
revenues).   In  this  case,   the  forfeiture  of  2.7   percent 
represents a smaller  percentage than those  issued in the  Local 
Long Distance, Inc., and  Hoosier Broadcasting Corp., cases,  and 
only a  nominally higher  percentage compared  to the  forfeiture 
issued in PJB Communications of Virginia, Inc.
7 47 U.S.C.  405.
8 47 C.F.R.  1.106.
9 47 C.F.R. 1.80
10 47 U.S.C.  504(a).
11 47 U.S.C.  1.1914.