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                         Before the

              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )
Southern  Media  Communications,  )
Inc.,                             )   File No. EB-02-AT-304
Licensee   of  Station  WBCA(AM)  )   NAL/Acct. No. 200232480021
and,                              )   FRN 0004-9603-58
Owner   of   Antenna   Structure  )
located at                        )
30?52?10? North Latitude by 
87?46?09? West Longitude in,
Bay Minnette,  Alabama


                MEMORANDUM OPINION AND ORDER

Adopted:  September 15, 2004            Released:  September 
17, 2004

By the Chief, Enforcement Bureau:

     1.   In this Memorandum  Opinion and Order (``Order''), 
we   grant,  to   the   extent  noted,   the  petition   for 
reconsideration of the Forfeiture  Order,1 filed by Southern 
Media Communications, Inc. (``Southern Media''), licensee of 
Station WBCA(AM), and owner  of an antenna structure located 
at  30?52?10? North  Latitude by  87?46?09? West  Longitude, 
located  in Bay  Minnette,  Alabama.   The Forfeiture  Order 
imposed  a  monetary  forfeiture  in the  amount  of  eleven 
thousand  dollars ($11,000)  for  willful  violation of  the 
Emergency  Alert  System  (``EAS'')  and  antenna  structure 
registration requirements  of Sections 11.35(a)  and 17.4(a) 
of the  Commission's Rules  (``Rules'').  In this  Order, we 
lower the forfeiture to $9,000.

     2.   In  its  petition  for  reconsideration,  Southern 
Media  does not  deny that,  when the  Commission's Atlanta, 
Georgia  Field  Office   (``Field  Office'')  inspected  the 
station's facilities  in August  of 2002, its  EAS equipment 
was  not  operational  and  its antenna  structure  was  not 
registered.  Southern Media  nevertheless seeks cancellation 
or reduction of  the imposed forfeiture on the  basis of its 
remedial and  good faith efforts.  In  this regard, Southern 
Media claims, and provides supporting documentation to show, 
that  after  the  Field  Office's  inspection,  it  promptly 
ordered a replacement part and repaired its EAS equipment so 
that it was fully operational.  Additionally, Southern Media 
claims, and provides supporting  documentation to show, that 
prior  to the  Field Office's  inspection, it  had initiated 
efforts to register its antenna structure. 

     3.   It  is expected  that  violations observed  during 
inspections and/or  subject to  enforcement actions  will be 
corrected.2  Such  post-corrective actions, however,  do not 
mitigate  or  negate  past  violations and  do  not  warrant 
reduction or  cancellation of forfeitures.3  We  thus do not 
find  that  Southern  Media's subsequent  equipment  repairs 
warrant  cancellation  or  reduction   of  the  $8,000  base 
forfeiture   imposed   for   its  violation   of   the   EAS 
requirements.  

     4.   In  contrast,  good  faith efforts  undertaken  to 
comply  with  applicable   requirements,  prior  to  on-site 
inspections,  have been  considered mitigating  factors that 
warrant reduction  or cancellation of forfeitures.4   In the 
instant  case,  we find  that  the  record establishes  that 
Southern  Media sought  to  register  its antenna  structure 
prior  to   the  Commission's  on-site  inspection   of  its 
facilities.   Specifically,  the  record  contains  Southern 
Media's  president's  sworn  declaration, as  well  as  paid 
invoices,  which establish  that  Southern  Media engaged  a 
contractor to  coordinate reports  and register  the antenna 
structure more than a year prior to the Commission's on-site 
inspection.5    Under  the   circumstances,  we   believe  a 
reduction of  the $3,000 base forfeiture  for that violation 
to $1,000 is warranted.6 

     5.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Sections 503(a)  and (b)  of the  Act,7 and  Sections 0.111, 
0.311  and   1.80(f)(4)  of   the  Rules,8   Southern  Media 
Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in 
the amount of nine thousand dollars ($9,000) for its willful 
violation of  the EAS and antenna  registration requirements 
set forth in Sections 17.4(a) and  11.35(a) of the Rules.

     6.   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 Group, 445 12th Street, S.W., 
Washington, D.C. 20554.9  

     7.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  be sent  by  First Class  and  Certified Mail  Return 
Receipt  Requested to  Southern Media  Communications, Inc., 
1318  South  Main  Street,  Atmore, Alabama  36502  and  its 
counsel, John  C. Trent,  Esq., Putbrese, Hunsaker  & Trent, 
P.C.,  100 Carpenter  Drive, Suite  100, Sterling,  Virginia 
20167. 

                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         
                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1Southern  Media Communications,  Inc.,  18  FCC Rcd  24008 
     (Enf. Bur. 2003).

2See AT&T  Wireless Services, Inc., 17 FCC Rcd 7891 (2002), 
forfeiture  ordered, 17  FCC Rcd  21866, 21875-76   26-28 
(2002); Seawest  Yacht Brokers,  9 FCC Rcd  6099, 6099   7 
(1994); see also  TCI Cablevision of Maryland,  Inc., 7 FCC 
Rcd 6013, 6014  8 (1992).  

3Id. 

4See, e.g.,  Radio One  Licenses, Inc.,  18 FCC  Rcd 15964, 
15965  4  (2003), recon. denied, 18 FCC  Rcd 25481 (2003);  
Petracom of Texarkana, LLC, 19 FCC Rcd 8096, 8097-97  5-6 
(Enf.  Bur. 2004);  Barinowski Investment  Co., 18  FCC Rcd 
25067, 25069  7 (Enf.  Bur. 2003); Max  Media of  Montana,  
LLC,   18 FCC  Rcd  21375,  21378   11  (Enf. Bur.  2003); 
Rotifeco,  Inc., 18  FCC Rcd  14629, 14631   7  (Enf. Bur. 
2003);  Tidewater Communications,  Inc., 18  FCC Rcd  5524, 
5525  5-6 (Enf. Bur. 2003).

5As licensee, Southern Media  is responsible for compliance 
with the antenna registration requirements, and thus is not 
absolved from  liability because  its contractor  failed to 
complete the antenna registration in 2001.  See, e.g., Eure 
Family  Partnership,  17 FCC  Rcd  21861,  21863-64   6-7 
(2002); Sonderling Broadcasting Corp.,  69 FCC 2d 289, 290-
91  6 (1977); Wagenvoord  Broadcasting Co., 35 FCC 2d 361, 
361-62  3  (1972); Charter Communications VI,  LLC, 17 FCC 
Rcd 16516, 16518-19  8-9 (Enf. Bur. 2002).

6In this connection, Southern  Media also claims that, after 
the  on-site   inspection,  it  undertook  efforts   to  and 
ultimately did  register the antenna  structure.  Commission 
records reflect that Southern  Media's antenna structure, in 
fact,  is   registered  (Antenna  Structure   No.  A0370195, 
30?52?12.2? North Latitude by 87?46?08.1? West Longitude in, 
Bay Minnette, Alabama).  However, as discussed herei
7

8

9