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

                              )
In the Matter of                        )         
                              )
Frank Neely                        )    File No. EB-03-NF-014
Licensee, Station WLTC(AM)              )    NAL/Acct.        No. 
200332640007
Gastonia, North Carolina                               )    FRN 
0008-4986-68
Rock Hill, North Carolina                              )
                              )
                                     
                        FORFEITURE ORDER

     Adopted:  August 19, 2004                         Released:  
August 23, 2004  

By the Chief, Enforcement Bureau:

     1.   In this Forfeiture Order ("Order") we issue a  monetary 
          forfeiture  in  the amount  of  four  thousand  dollars 
          ($4,000)  to  Frank Neely,  licensee  of  AM  broadcast 
          station WLTC,  Gastonia, North  Carolina, for  repeated 
          violation  of Section  73.1745(a) of  the  Commission's 
          Rules (``Rules'').1  The noted  violation involved  Mr. 
          Neely's   operation   of   a   broadcast   station   at 
          unauthorized power levels.    

     2.   In a July  16, 2003  Notice of  Apparent Liability  for 
Forfeiture (``NAL''), the Commission's Norfolk, Virginia Resident 
Agent Office (``Norfolk Office'') issued a monetary forfeiture in 
the amount of $4,000 to  Mr. Neely for overpowered operations  on 
April 22, 23, and  24, 2003.2  In his  August 18, 2003  response, 
Mr. Neely,  through his  attorney, requests  cancellation of  the 
proposed forfeiture.   Mr.  Neely  does  not  dispute  that  WLTC 
operated with excessive power on the dates specified in the  NAL.  
He states, however, that he has set up procedures to prevent  the 
reoccurrence of  the  violation,  and  to  also  ensure  material 
compliance with Commission Rules.   Further, Mr. Neely claims  to 
have a history of overall compliance with the Commission's Rules, 
and also claims to be financially unable to pay the forfeiture.  

     3.   No mitigation is warranted on the basis of Mr.  Neely's 
correction of  the  violations.   As  the  Commission  stated  in 
Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994),  ``corrective 
action taken to  come into  compliance with  Commission rules  or 
policy is expected, and  does not nullify  or mitigate any  prior 
forfeitures or violations.'' 3  Turning to Mr. Neely's claim of a 
history of compliance, we note that a NAL was issued to Mr. Neely 
on June  28, 2004  for public  file violations  that occurred  at 
station WLTC from  April 1998 through  early 2003.4  Mr.  Neely's 
claim that his station has  a history of overall compliance  with 
the Commission's rules  is belied by  his own certification  that 
station WLTC did not meet the Commission's public inspection file 
requirements.  We, therefore, deny  his request for a   reduction 
or cancellation for history of overall compliance.  Finally,  Mr. 
Neely provides  federal  income  tax returns  for  WLTC's  parent 
corporation, Rejoice, Inc., for 2000,  2001, and 2002 in  support 
of his  inability  to  pay  contention.   We  have  reviewed  the 
financial information submitted by Mr.  Neely and find that  this 
information does not provide  a basis for cancellation.   Indeed, 
the forfeiture  is a  very small  percentage of  Rejoice,  Inc.'s 
gross revenues.5  
  
     4`.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act6, and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Commission's Rules,7  Frank Neely  IS  LIABLE FOR A  MONETARY 
FORFEITURE in the  amount of four  thousand dollars ($4,000)  for 
his repeated violation of Section 73.1745(a) of the Rules.

     5.   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.8  
Payment of  the  forfeiture must  be  made by  check  or  similar 
instrument, payable to the order of the ``Federal  Communications 
Commission.''  The payment must include the NAL/Acct. No. and FRN 
No. referenced above.   Payment by  check or money  order may  be 
mailed to Forfeiture Collection Section, Finance Branch,  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank One/LB 
73482, 525 West  Monroe, 8th Floor  Mailroom, Chicago, IL  60661.  
Payment by wire  transfer may  be made to  ABA Number  071000013, 
receiving  bank  ``Bank  One,''   and  account  number   1165259.  
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. 20554.9

     6.        IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to Frank Neely, 1286 Holland Road, Rock  Hill, 
South Carolina 29732, and his counsel David Tillotson, Esq., 4606 
Charleston Terrace, N.W., Washington, D.C.  20007.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

1                 47 C.F.R.  73.1745(a).                                         

2                Notice  of  Apparent Liability  for  Forfeiture, 
NAL/Acct. No. 200332640007 (Enf.  Bur., Norfolk Office,  released 
July 16, 2003).

3                See also  AT&T Wireless Services,  Inc., 17  FCC 
Rcd 21866, 21875  (2002); Callais Cablevision,  Inc., 17 FCC  Rcd 
22626, 22629 (2002).

4     See  Letter  to David  Tillotson,  Esq. from  Chief,  Audio 
Services Division in re Station WLTC(AM), 19 FCC Rcd 11230  (Med. 
Bur. 2004).

5 See Alpha Ambulance, Inc., 19 FCC Rcd 2547, 2548 (2004), citing 
PJB Communications, 7 FCC Rcd  2088, 2089 (1992) (forfeiture  not 
deemed excessive where it represented approximately 2.02  percent 
of the violator's gross revenues); Local Long Distance, Inc.,  16 
FCC Rcd  10023, 10025  (2001)  (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  violator's 
gross revenues).   In  this  case, the  forfeiture  represents  a 
smaller percentage of  gross revenues  than those  issued in  the 
Local Long Distance,  Inc., Hoosier Broadcasting  Corp., and  PJB 
Communications of Virginia, Inc. cases.

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

8 47 U.S.C.  504(a).

9 See 47 C.F.R.  1.1914.