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


In the Matter of                        )         File  No.:  EB-
02-AT-318
                              )         NAL/Acct.             No. 
                         200232480027
Coffee County Broadcasting, Inc.                       )                        
FRN 0003-7625-64
Manchester, Tennessee                   )


                  MEMORANDUM OPINION AND ORDER

     Adopted:  February 20, 2004        Released:   February  24, 
2004   

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Memorandum Opinion and  Order (``Order''),  we 
          deny the petition  for reconsideration filed by  Coffee 
          County   Broadcasting,   Inc.   (``Coffee    County''), 
          licensee   of  radio   station  WMSR(AM),   Manchester, 
          Tennessee.  Coffee County seeks reconsideration of  the 
          Forfeiture  Order1  in  which  the  Chief,  Enforcement 
          Bureau  (``Bureau''), found  it liable  for a  monetary 
          forfeiture  in  the   amount  of  $7,000  for   willful 
          violation  of Section  73.1125(a) of  the  Commission's 
          Rules  (``Rules'').2   The  noted  violation   involves 
          Coffee County's willful failure to maintain a  presence 
          at its main studio during normal business hours.

                         II.  BACKGROUND

     2.   On July  11,  2002,  an  agent  from  the  Commission's 
Atlanta, Georgia Office (``Atlanta Office'') attempted to inspect 
station WMSR(AM)'s main studio; however, the agent was unable  to 
gain  access  to  the  studio.   On  July  15,  2002,  the  agent 
telephoned station  WMSR(AM)  but reached  an  answering  service 
which confirmed that calls  were referred to  it when the  studio 
was unmanned.  On July 18,  2002, the agent contacted  WMSR(AM)'s 
general  manager,  who  confirmed   that  the  studio  had   been 
unstaffed.   The  general  manager  was  unaware  of  the  studio 
staffing requirements during normal business hours.  

     3.   On September  30, 2002,  the District  Director of  the 
Atlanta  Office  issued  a  Notice  of  Apparent  Liability   for 
Forfeiture  (``NAL'')3  in  the  amount  of  $7,000  for  willful 
violation of Section 73.1125(a) of the Rules.  Coffee County  did 
not file a response to the NAL.  The Bureau's  Forfeiture  Order, 
released January 31,  2003, affirmed the  forfeiture proposed  by 
the NAL.  On February  26, 2003, Coffee  County filed a  petition 
for reconsideration of the Forfeiture Order.    

                        III.  DISCUSSION

  4.   The  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.6  In examining Coffee County'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 any other such matters as justice may require.7  

     5.   Coffee County does not  challenge the Bureau's  finding 
that it violated Section 73.1125(a) of the Rules.   Nevertheless, 
Coffee County seeks cancellation  of the forfeiture.  In  support 
of its request for cancellation, Coffee County states that it now 
has full-time main studio  staffing during normal business  hours 
and  that  it   is  pursuing  participation   in  the   Tennessee 
Association  of  Broadcasters  Alternative  Inspection   Program.  
Although Coffee County's corrective actions are commendable, they 
do not  mitigate  its violation.   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.''  8  Further,  Coffee County  asserts 
that payment  of the  forfeiture  will be  a hardship  that  will 
handicap its ability to remain  an active part of the  community.  
However, we have reviewed  the financial information provided  by 
Coffee County and we find that this information does not  provide 
a basis for cancellation or reduction of the forfeiture.  Indeed, 
the forfeiture  is a  very small  percentage of  Coffee  County's 
gross revenues.9  Finally, Coffee County states that it has never 
had any major FCC violations, which we interpret to be a claim of 
history  of  overall  compliance  with  the  Commission's  Rules.  
However, we  note that  the  Atlanta Office  issued a  Notice  of 
Violation to Coffee  County on April  9, 1999, therefore,  Coffee 
County's claim of history of overall compliance should not result 
in a reduction of the forfeiture.10          

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of  the  Act11  and  Section 1.106  of  the  Rules,12  Coffee 
County's petition for reconsideration  of the February 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 Rules13 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.14  
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. 200232480027  and FRN  0003-7625-64.  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. 20554.15

     8.        IT IS  FURTHER ORDERED  THAT this  Order shall  be 
sent by  regular  mail  and by  certified  mail,  return  receipt 
requested, to Coffee County Broadcasting, Inc., 1030 Oakdale St., 
Manchester, Tennessee 37355.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

     1 18 FCC Rcd 1033 (Enf. Bur. 2003).

     2 47 C.F.R.  73.1125(a).

     3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
20023480027 (Enf. Bur.,  Atlanta Office,  released September  30, 
2002).

     4 47 U.S.C.  503(b).

     5 47 C.F.R.  1.80.

     6 12 FCC Rcd. 17087 (1997),  recon. denied, 15 FCC Rcd.  303 
(1999).

     7 47 U.S.C.  503(b)(2)(D).

     8 See also AT&T Wireless  Services, Inc., 17 FCC Rcd  21866, 
21871 (2002).

     9 See Alpha Ambulance, Inc., FCC 04-19, 2, n.15 (February 5, 
2004), citing 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  violator's  gross 
revenues).  In  this case,  the forfeiture  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.                   

     10 See Clarke  Broadcasting Corporation, 18  FCC Rcd  18732, 
18734 (Enf. Bur. 2003).

     11 47 U.S.C.  405.

     12 47 C.F.R.  1.106.

     13 47 C.F.R.  1.80.

     14 47 U.S.C.  504(a).

     15 See 47 C.F.R.  1.1914.