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


In the Matter of                 )
                                )    File No. EB-02-OR-387
Jesse C. Ross and Ernestine A.   )
Ross                             )    NAL/Acct. No. 200332620013
Licensee of  Station WSAO(AM)    )
and                              )    FRN:  0008-2084-15
Owner of Antenna Structure at    )
N34 36' 56'' 
W089 56' 09''
Senatobia, Mississippi

                        FORFEITURE  ORDER

   Adopted:  October 19, 2004           Released:  October 22, 
2004

By the Assistant Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.        In this Forfeiture Order  (``Order''), we issue  a 
monetary forfeiture in the amount of twenty-one thousand  dollars 
($21,000)  to Jesse C.  Ross and Ernestine  A. Ross,  (``Ross''), 
the  licensee of AM  radio station  WSAO, Senatobia,  Mississippi 
and  owner  of  the  antenna  structure  at  North  34  36'  56'' 
latitude, West 089  56' 09'' longitude, for willful and  repeated 
violation   of  Section   17.4(a)  of   the  Commission's   Rules 
(``Rules'')  and  willful  violation  of  Sections  11.35(a)  and 
73.3526(c)(1)  of  the  Rules.1   The  noted  violations  involve 
Ross's  failure  to  register its  antenna  structure  for  radio 
station  WSAO, failure  to maintain  operational Emergency  Alert 
System  (``EAS'') equipment, and  failure to  make available  all 
required public file documents during regular business hours. 

     2.        On March 18, 2003,  the Commission's New  Orleans, 
Louisiana  District  Office (``New  Orleans  Office'')  issued  a 
Notice  of Apparent Liability  for Forfeiture  (``NAL'') to  Ross 
for  a forfeiture in  the amount of  twenty-one thousand  dollars 
($21,000).2  Ross filed a response to the NAL on April 1, 2003.

II.  BACKGROUND

     3.        On November  20,  2002,  an  agent  from  the  New 
Orleans Office  inspected WSAO.  At the  time of the  inspection, 
the  station's EAS  equipment  was not  functioning  because  the 
encoder/decoder   unit  was  not   connected  to  any   operating 
receivers that  would have monitored  incoming alert signals  and 
tests.  Station personnel were unable to produce any logs of  EAS 
tests sent and  received, or any notation that the unit had  been 
removed  from  service.   In  addition,  the  station's   antenna 
structure,  which is  205  feet in  height, had  no  registration 
number displayed at  the base of the structure.  The agent  found 
no  Commission  records  that  the  antenna  structure  had  been 
registered, and  station personnel could  provide no evidence  of 
an  attempt  to  register  the  structure.   The  licensee  later 
acknowledged to  the agent that it  owned the antenna  structure.  
Finally,  a box of  loose papers  was presented to  the agent  as 
comprising  the  station's  public  inspection  file.   The   box 
contained  only the station's  contour map  and licensee  renewal 
information.

     4.        On March 18, 2003,  the New Orleans Office  issued 
the  subject   NAL  to  Ross  for  twenty-one  thousand   dollars 
($21,000)  for   apparent  willful  and  repeated  violation   of 
Sections 17.4(a) of the  Rules and willful violation of  Sections 
11.35(a) and 73.3526(c)(1) of the Rules.3  Ross responded to  the 
NAL  stating  that  the  registration  number  is  on  the  tower 
construction  permit of  its license,  BP830324AF.  Ross  further 
states that  the public inspection file  had only been  misplaced 
and  that the licensee  is now  in the process  of refilling  and 
cleaning up  the files in  accordance with Section  73.3526(c)(1) 
of   the  Rules.    Finally,   Ross  states   that  a   new   EAS 
Encoder/Decoder  has been  ordered and  will be  installed,  made 
operational, and proper logs kept of its use.

III.      DISCUSSION

     5.        The proposed forfeiture  amount in  this case  was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended, (``Act''),4 Section 1.80 of the  Rules,5 
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) (``Policy Statement'').  In examining Ross'  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 
such other matters as justice may require.6

     6.   Section 11.35(a) of the  Rules requires that  broadcast 
stations  be responsible  for  ensuring that  EAS  Encoders,  EAS 
Decoders,   and  Attention   Signal  generating   and   receiving 
equipment  used  as part  of  the  EAS are  installed  such  that 
monitoring  and transmitting functions  are available during  the 
times that the stations are in operation.  On November 20,  2002, 
Ross's EAS  equipment for WSAO was  not operational, because  the 
encoder/decoder was not attached to operating receivers in  order 
to monitor for alerts.7  Ross does not contest the violation  and 
states that new  EAS equipment has been ordered and that it  will 
install  and properly use  the equipment,  and log  EAS tests  as 
required  in the future.  The Commission  has consistently  found 
that while  commendable, ``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.''8  
Accordingly,  we conclude that  Ross willfully9 violated  Section 
11.35(a) of the Rules.  

     7.        Section 17.4(a)  of the  Rules states  that as  of 
July  1, 1996, the  owner of an  antenna structure that  requires 
notice   of  proposed  construction   to  the  Federal   Aviation 
Administration (``FAA''),  must also register the structure  with 
the  Commission.10  Ross concedes  that it is  the owner of  this 
antenna structure.   Ross's antenna structure requires notice  to 
the   FAA,  and   thus  Commission   registration,  because   the 
structure's  height exceeded  200 feet.   In its  response,  Ross 
states   that  the   registration  number   was  on   the   tower 
construction permit.  However, this is not the case.  The  number 
Ross provided is the file number of its construction permit.   An 
antenna   tower  is   not  automatically   registered  with   the 
Commission   when  the   owner  files   an  application   for   a 
construction permit.   Rather, the owner must  file FCC Form  854 
or  complete  the  online  filing  process  available  from   the 
Commission's web site.11  Even if, arguendo, Ross was unaware  of 
the   Commission's  Rules  regarding   the  correct  method   for 
registering the  antenna structure, it  is well established  that 
mistake  or  inadvertence  resulting  in  a  rule  violation   is 
considered  a  willful violation  of  the  Commission's  Rules.12   
Because Ross'  tower has been unregistered  from July 1, 1996  to 
the  present  date,  we conclude  that  Ross  has  willfully  and 
repeatedly13 violated Section 17.4(a) of the Rules.

     8.        Section 73.3526(c)(1) of the Rules requires that a 
station's public inspection  file be available for inspection  at 
any time during regular business hours.  During regular  business 
hours  on  November  20,  2002,  papers  identified  by   station 
personnel as the station's public inspection file contained  only 
two of the  required items: the contour map for Station WSAO  and 
the Ross's  most recent license renewal.   In its response,  Ross 
personally  attests that  its  public inspection  file  had  been 
misplaced and is  now being re-filed.   However, as noted  above, 
corrective action taken  to come into compliance with  Commission 
rules  does not  nullify  or mitigate  any prior  forfeitures  or 
violations.14  The public inspection files were not available  as 
required at  the time of inspection.   Accordingly, we find  that 
Ross willfully violated  Section 73.3526(c)(1) of the Rules,  and 
conclude  that later  correction of  the public  inspection  file 
status does not mitigate the proposed forfeiture. 

     9.    Ross's response states that it plans to take the steps 
necessary  to  comply  with  our  EAS  and  public  file   rules.  
However,  as of  the  adoption date  of this  Order, it  has  not 
provided evidence of compliance with these rules.   Additionally, 
as  stated  above, a  search  of the  Commission's  ASR  database 
reveals that  as of the adoption date  of this Order, Ross  still 
had  not registered its  antenna structure  with the  Commission.  
Accordingly, we will  require, pursuant to Section 308(b) of  the 
Act,15  that  Ross submit  a  report to  the  Enforcement  Bureau 
within 30  days of the release  date of this Order  demonstrating 
that it is  in compliance with our EAS, antenna registration  and 
public file rules  as required by Sections 11.35(a), 17.4(a)  and 
73.3526(c)(1) of the  Rules.  Ross's report must be submitted  in 
the  form  of  an affidavit  or  declaration,  under  penalty  of 
perjury, and  signed by an officer  or director of the  licensee.  
Ross should  note that its  continued noncompliance could  result 
in additional enforcement action.

     10.       We  have  examined  Ross'  response  to  the   NAL 
pursuant to the statutory factors above, and in conjunction  with 
the  Policy Statement as  well.  As  a result of  our review,  we 
conclude  that  Ross willfully  violated  Sections  11.35(a)  and 
73.3526(c)(1) of the Rules, and that it willfully and  repeatedly 
violated  Section 17.4 of the  Rules, and we  find no grounds  to 
reduce or cancel the forfeiture amount proposed in the NAL. 

IV.  ORDERING CLAUSES

     11.       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,16 Jesse C. Ross and Ernestine A.  Ross, 
licensee  of  Station WSAO(AM),  in  Senatobia,  Mississippi,  IS 
LIABLE  FOR A MONETARY  FORFEITURE in the  amount of   twenty-one 
thousand   dollars  ($21,000)  for   its  willful  and   repeated 
violation of  Sections 17.4 of the  Rules, and willful  violation 
of Sections 73.3526(c)(1), and 11.35(a) of the Rules.  

     12.       IT IS FURTHER  ORDERED that,  pursuant to  Section 
308(b)  of the  Act, Jesse  C. Ross  and Ernestine  A. Ross  must 
submit the report described in paragraph nine (9) above no  later 
than  thirty (30) days from  the release date  of this Order  to:  
Federal Communications  Commission, Enforcement Bureau,  Spectrum 
Enforcement  Division, 445  12th Street,  S.W., Washington,  D.C. 
20554, Attention:  Susan Magnotti, Esquire. 

     13.       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.17 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. 20554.18        

     14.       IT IS FURTHER  ORDERED that a  copy of this  Order 
shall be  sent by First Class  and Certified Mail Return  Receipt 
Requested  to Jesse  C.  Ross and  Ernestine A.  Ross,  Northwest 
Mississippi  Broadcasting  Company,  P.O.  Box  190,   Senatobia, 
Mississippi 38668.



                              FEDERAL COMMUNICATIONS COMMISSION
                    



                              George R. Dillon
                              Assistant Chief, Enforcement Bureau
_________________________

1 47 C.F.R.  17.4(a), 11.35(a).  
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200332620013 (Enf. Bur., New  Orleans Office, released March  18, 
2003).  
3  47 C.F.R.  73.3526(c)(1). 
4  47 U.S.C.  503(b).
5  47 C.F.R.  1.80.
6  47 U.S.C.  503(b)(2)(D).
7  Moreover,  there  were no  entries  in the  station's  log  to 
indicate any  problem or  malfunction of  the EAS  equipment,  as 
required by 47 C.F.R.  11.35(b).
8  Seawest Yacht Brokers,  9 FCC Rcd  6099 (1994); AT&T  Wireless 
Services, Inc., 17 FCC Rcd 21866, 21871 (2002).
9  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 or any rule  or regulation of the Commission  authorized 
by this Act ....''  Southern  California Broadcasting Co., 6  FCC 
Rcd 4387 (1991).
10 47 C.F.R.  17.7(a). 
11  .  
12 Southern  California Broadcasting  Company,  6 FCC  Rcd.  4387 
(1991)(citing Vernon  Broadcasting,  Inc.,  60  RR2d  1275,  1277 
(1986); Fay Neel Eggleston, 19 FCC2d 829 (1969)).   See also  PBJ 
Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992); Standard 
Communications Corp., 1  FCC Rcd 358  (1986); Triad  Broadcasting 
Co., Inc., 96 FCC 2d 1235, 1242 (1984).
13 As provided by 47 U.S.C.  312(f)(2), ``[t]he term `repeated',  
when used with  reference to  the commission or  omission of  any 
act, means the commission or omission of such act more than  once 
or, if such commission or  omission is continuous, for more  than 
one day.'' The Conference Report for Section 312(f)(2)  indicates 
that Congress intended to apply this definition to Section 503 of 
the Act as  well as  Section 312.  See  H.R. Rep.  97th Cong.  2d 
Sess. 51 (1982).  Southern California Broadcasting Co., supra. 
14 See note 8, infra.
15 47 U.S.C.  308(b).
16 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
17  47 U.S.C.  504(a).
18 See 47 C.F.R.  1.1914.