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


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

Dalton, Georgia

                  MEMORANDUM OPINION AND ORDER

Adopted:  July 19, 2004                                  
Released:  July 22, 2004


By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
deny   an   April   24,   2003   petition   for   reconsideration 
(``petition'') filed by East Tennessee Radio Group, L.P.  (``East 
Tennessee''),  owner  of  an   antenna  structure  with   Antenna 
Structure Registration (``ASR'')  number 1063413 in  Sevierville, 
Tennessee.1  East Tennessee seeks reconsideration of a March  26, 
2003 Forfeiture Order,2 in which the Enforcement Bureau imposed a 
monetary forfeiture in  the amount of  two thousand four  hundred 
dollars ($2,400), for  willfully violating Section  17.57 of  the 
Commission's Rules (``Rules'').3  That section requires an  owner 
of an antenna structure for which an ASR number has been obtained 
to immediately notify the Commission of a change in ownership  of 
the antenna structure.  For the reasons discussed below, we  deny 
the petition and affirm the monetary forfeiture in the amount  of 
$2,400.

II.  BACKGROUND

     2.   On May 15, 2002, an agent of the Federal Communications 
Commission's  (``Commission''  or  ``FCC'')  Enforcement  Bureau, 
Atlanta, Georgia Field Office (``Atlanta Office''), in the course 
of  researching  a  tower  violation,  found  that  FCC   records 
indicated that the owner of  the antenna structure was  Dollywood 
Broadcasting.  However, East Tennessee advised the agent that  it 
owned the antenna structure  and that Dollywood Broadcasting  was 
the previous  owner.  In  a  June 27,  2002, Notice  of  Apparent 
Liability for  Forfeiture (``NAL''),4  the Atlanta  Office  found 
that East Tennessee willfully violated Section 17.57 of the Rules 
by not  immediately notifying  the Commission  via FCC  Form  854 
concerning the change in ownership.  Accordingly, East  Tennessee 
was assessed  a $3,000  forfeiture for  the violation.5   In  its 
August 16, 2002 response to  the NAL, East Tennessee argued  that 
the forfeiture should be set  aside, explaining that it  believed 
in  good  faith  that  the  May  11,  2000  notification  of  the 
consummation of the  assignment of  license for  WSEV(AM), 6  the 
application  for  assignment  of  license,7  and  the   proffered 
ownership report adequately alerted the Commission to the  change 
in ownership of the antenna structure.  In the Forfeiture  Order, 
we explained that  Section 17.57  of the  Rules clearly  requires 
that owners notify the Commission of a change in ownership of  an 
antenna structure  using  FCC Form  854  and that  licensees  are 
expected to know  and comply  with the  Commission's Rules.8   In 
addition, although East Tennessee promptly took remedial  actions 
to correct the violation, the Enforcement Bureau found that  such 
actions taken to correct a  violation are not mitigating  factors 
justifying reduction or cancellation  of a forfeiture.   However, 
due to its  past history  of compliance,  the initial  forfeiture 
amount of $3,000 was reduced to $2,400.

     3.   In its petition,  East Tennessee again  avers its  good 
faith belief that the May 11 notification, assignment of  license 
application and  subsequently filed  ownership report  adequately 
alerted the Commission to the change in ownership of the  antenna 
structure.  

III.      DISCUSSION

     4.   The forfeiture  amount in  this  case was  assessed  in 
accordance with  Section  503(b)  of the  Communications  Act  of 
1934,9 as amended (``Act''), Section 1.80 of the Rules,10 and The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture Guidelines.11  In 
examining East Tennessee's  petition, 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 such  other matters  as 
justice may require.12

     5.   In  its  petition,  East  Tennessee  explains  that  it 
erroneously assumed  that the  Commission's electronic  databases 
were linked and that  the submission of  one notification to  the 
Commission  would  update  all   information  contained  in   the 
Commission's records.13  Moreover, it again points to its claimed 
good faith efforts to  comply with the notification  requirement, 
explaining that  ``mistakes happen  despite adherence  to  proper 
procedures.''14  However, East Tennessee did not adhere to proper 
procedures in  this case.   The Rule  is unmistakably  clear.   A 
change  in   ownership   information   immediately   triggers   a 
requirement to advise the Commission of the event using FCC  Form 
854.15  East Tennessee made no attempt to file a form 854.   Such 
precision is  necessary  to  promote certainty,  clarity,  and  a 
seamless  application  of  this  rule.   Accurate  ASR  data   is 
necessary  for  the   Commission  to  meet   its  public   safety 
responsibilities with respect to tower marking and lighting.  The 
petition is denied. 

IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405  of  the  Act16  and  Section  1.106  of  the  Rules,17  East 
Tennessee's petition for reconsideration  of the March 26,  2003, 
Forfeiture Order IS DENIED.

     7.   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.18  
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 must include 
the  FCC  Registration  Number   (FRN)  and  the  NAL/Acct.   No. 
referenced in the  caption.  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. 20554.19

     8.   IT IS FURTHER ORDERED THAT this Order shall be sent  by 
regular mail and by 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 This is the antenna  structure used for operation of  WSEV(AM), 
Sevierville, Tennessee.  East Tennessee  is also the licensee  of 
Station WSEV(AM).
2 East Tennessee Radio Group, L.P.,  18 FCC Rcd 27084 (Enf.  Bur. 
2003) (``Forfeiture Order'').
3 47 C.F.R.  17.57.
4 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232480010 (Enf. Bur., Atlanta Office, June 27, 2002).
5 The NAL also  included a $2,000 forfeiture  for a violation  of 
Section 17.4(g), 47 C.F.R.  17.4(g), (failure to display the ASR 
number).  However, the $2,000  forfeiture for this violation  was 
canceled  in  the  Forfeiture  Order  due  to  East   Tennessee's 
voluntary and timely  efforts to  replace the sign  prior to  the 
inspection.  See Forfeiture Order at para. 7.
6 (``May 11 notification'').  The consummation of the  assignment 
of the license for WSEV(AM)  from Dollywood Broadcasting to  East 
Tennessee occurred on May 10, 2000.
7 See File No. BAL-20000208AAC, granted March 22, 2000.
8 Forfeiture Order at para. 8, citing 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).
9 47 U.S.C.  503.
10 47 C.F.R.  1.80. 
11 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303  (1999) 
(``Forfeiture Policy Statement'').
12 47 U.S.C.  503(b)(2)(D).
13 Petition at 2.
14 Id. at 3.  East  Tennessee points to the Commission's  failure 
to change the company's address in the database when notified, as 
an example of mistakes that happen, and explained that such error 
did  not  delay  notice  to  the  WSEV(AM)  studio  of  its  Rule 
violations, and  thus no  harm  resulted despite  the  inaccurate 
antenna structure records.  The fact that no harm resulted is not 
a basis  for  lowering the  forfeiture  here, although  had  harm 
resulted  the  forfeiture   might  have   been  increased.    See 
Forfeiture Policy Statement at 12 FCC Rcd 17100 and 17116.
15 See Concilio Mision Cristiana Fuente De Agua Viva, 18 FCC Rcd. 
6210, 6211 (Enf. Bur., 2003)  (filing an application to assign  a 
station license does not notify the Commission of a change in the 
ownership of the station's antenna structure because  acquisition 
of a  station does  not necessarily  include acquisition  of  the 
station's antenna structure).
16 47 U.S.C.  405.
17 47 C.F.R.  1.106.
18 47 U.S.C.  504(a).
19 47 U.S.C.  1.1914.