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

In the Matter of                )            
                                )       
NRS Enterprises, Inc.           )       File No. EB-02-AT-329
Owner of unregistered Antenna Structure located at     )
35 20' 36'' North Latitude by 86 12' 00'' West  )         
NAL/Acct. No. 200332480004
Longitude in Tullahoma, Tennessee    )
                                )       FRN 0000-0394-46         

                        FORFEITURE ORDER 

Adopted:  March 25, 2004                Released:  March 29, 2004

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

                            1.     In   this   Forfeiture   Order 
                               (``Order''), we  issue a  monetary 
                               forfeiture in the amount of  three 
                               thousand dollars  ($3,000) to  NRS 
                               Enterprises,    Inc.    (``NRS''), 
                               licensee of  AM broadcast  station 
                               WJIG,  Tullahoma,  Tennessee,  for 
                               willful  and  repeated  violations 
                               of  Section   17.4  (a)   of   the 
                               Commission's  Rules  (``Rules'').1  
                               The   noted   violation   involves 
                               NRS's  failure  to  register   its 
                               antenna structure. 

                            2.     On  November   5,  2002,   the 
                               Commission's   Atlanta,   Georgia, 
                               Field Office (``Atlanta  Office'') 
                               issued  a   Notice   of   Apparent 
                               Liability      for      Forfeiture 
                               (``NAL'') to NRS for a  forfeiture 
                               in the  amount of  three  thousand 
                               dollars ($3,000).2  NRS filed  its 
                               response to  the NAL  on  December 
                               5, 2002.

                         II.  BACKGROUND

                            3.     On April  7,  1999,  an  agent 
                               from the Atlanta Office  inspected 
                               WJIG's  antenna  structure,  which 
                               NRS owns.   The  agent  determined 
                               by   checking   the   Commission's 
                               Antenna   Structure   Registration 
                               (``ASR'')  data   base  that   the 
                               tower was unregistered.  On  April 
                               9,  1999,   the   Atlanta   office 
                               issued  a   Notice  of   Violation 
                               (``NOV'')  to NRS  for  having  an 
                               unregistered tower.   In  response 
                               to the  NOV,  NRS stated  that  it 
                               had    submitted    an     antenna 
                               structure  registration  form  and 
                               would  display  the   registration 
                               number near the tower.

                            4.     On July 29, 2002, the  Atlanta 
                               Office    received    a     report 
                               indicating  that  WJIG's   antenna 
                               structure  was  not   illuminated.  
                               An  agent at  the  Atlanta  Office 
                               checked  the  ASR  data  base  and 
                               determined  that   there  was   no 
                               registered    antenna    structure 
                               within two miles  of the  location 
                               of WJIG's  tower --  35 20'  36'' 
                               North  Latitude by  86  12'  00'' 
                               West Latitude.

                            5.     On August 25,  2002, an  agent 
                               from  the  Atlanta  Office   again 
                               inspected      WJIG's      antenna 
                               structure.  The  agent found  that 
                               the   tower   lighting   was    in 
                               operation  but  station  personnel 
                               could  not   produce  an   antenna 
                               structure             registration 
                               certificate.   On  September   27, 
                               2002, the Atlanta Office  received 
                               by  facsimile   a  copy   of   the 
                               registration form  which NRS  said 
                               it sent to the FCC in April 1999.

                            6.     On November 5, 2002, an  agent 
                               at  the   Atlanta   Office   again 
                               checked the Commission's ASR  data 
                               base and found  that WJIG's  tower 
                               was unregistered.

                            7.     On  November   5,  2002,   the 
                               Atlanta Office issued a NAL for  a 
                               forfeiture  in   the   amount   of 
                               $3,000  to  NRS  for  willful  and 
                               repeated  violation   of   Section 
                               17.4(a)   of   the   Rules.    NRS 
                               responded to the  NAL on  December 
                               5, 2002,  seeking cancellation  or 
                               reduction    of    the    proposed 
                               monetary forfeiture.   NRS  states 
                               that  the   general  manager   who 
                               submitted the response to the  NOV 
                               in 1999 resigned  during 2001  and 
                               that NRS  is unable  to  determine 
                               why  it  did   not  complete   the 
                               registration of  WJIG's tower  but 
                               finds it  ``difficult to  accept'' 
                               that   the  failure  to   register 
                               WJIG's tower  was  willful.    NRS 
                               further states  that  its  current 
                               management took steps to  register 
                               the tower  as  soon as  it  became 
                               aware of the problem and that  the 
                               antenna    structure    is     now 
                               registered.   However,  NRS   does 
                               not   provide    a    registration 
                               number.  Finally, NRS states  that 
                               it   is   a    not   for    profit 
                               organization and  that payment  of 
                               the  proposed   forfeiture   would 
                               ``have a  dramatic impact  on  the 
                               operation    funds     for     the 
                               station.''    To    support    its 
                               financial  hardship   claim,   NRS 
                               provides copies of its 1999,  2000 
                               and  2001   federal   income   tax 
                               returns  as  well  as  profit  and 
                               loss statements  covering a  three 
                               year period.

                      III.      DISCUSSION

                            8.     The proposed forfeiture amount 
                               in  this  case  was  assessed   in 
                               accordance with Section 503(b)  of 
                               the Communications  Act  of  1934, 
                               as  amended  (``Act''),3   Section 
                               1.80  of  the   Rules,4  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'').  Section  503(b)  of 
                               the   Act   requires   that,    in 
                               examining  NRS's   response,   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  other  such 
                               matters as justice may require.5

                            9.     Section 17.4(a)  of the  Rules 
                               required the  owners  of  existing 
                               antenna   structures   that   were 
                               assigned  painting   or   lighting 
                               requirements before July 1,  1996, 
                               to    register    those    antenna 
                               structures no later  than July  1, 
                               1998.  WJIG's  tower  was  subject 
                               to  this  requirement.6   On   the 
                               basis  of  the  FCC  investigation 
                               and NRS's response,  we find  that 
                               NRS violated  Section  17.4(a)  by 
                               failing to  register  its  antenna 
                               structure.   Despite  NRS's  claim 
                               that it  registered WJIG's  tower, 
                               the  Commission's  ASR  data  base 
                               indicates   that,   as   of    the 
                               adoption  date   of  this   order, 
                               WJIG's        tower        remains 
                               unregistered.7   In  view  of  the 
                               continuation of  the violation  of 
                               Section    17.4(a)    after    the 
                               issuance of an  NOV,8 we  conclude 
                               that   it    was   willful9    and 
                               repeated.10 

                            10.    In support  of  its  financial 
                               hardship   claim,   NRS    submits 
                               copies of its 1999, 2000 and  2001 
                               federal  income  tax  returns  and 
                               profit   and    loss    statements 
                               covering  a  three  year   period.  
                               The  Commission   has   determined 
                               that,  in  general,  a  licensee's 
                               gross  revenues   are   the   best 
                               indicator of its ability to pay  a 
                               forfeiture.11    After   reviewing 
                               the financial  data submitted,  we 
                               find that the monetary  forfeiture 
                               amount should  not be  reduced  on 
                               the basis of financial hardship. 
                               12

                            11.    We   have    examined    NRS's 
                               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 
                               NRS   willfully   and   repeatedly 
                               violated Section 17.4  (a) of  the 
                               Rules.  We find  that there is  no 
                               basis    for    cancellation    or 
                               reduction    of    the    proposed 
                               monetary forfeiture.

                            12.    Because     WJIG's     antenna 
                               structure remains unregistered  as 
                               of  the  adoption  date  of   this 
                               order, we  will require,  pursuant 
                               to Section  308(b) of  the  Act,13 
                               that    NRS    report    to    the 
                               Enforcement Bureau  within  thirty 
                               (30) days of  the release of  this 
                               Order  whether  it  has   achieved 
                               compliance  with  Section  17.4(a) 
                               of  the  Rules.   If  the   report 
                               indicates that NRS has  registered 
                               WJIG's  antenna   structure,   NRS 
                               must  provide   the   registration 
                               number.   NRS's  report  must   be 
                               submitted  in  the   form  of   an 
                               affidavit signed by an officer  or 
                               director of the licensee.  If  NRS 
                               fails to submit  such a report  or 
                               we  find that  NRS  has  not  come 
                               into   compliance   with   Section 
                               17.4(a), we will consider  further 
                               appropriate enforcement action.

                        IV.  ORDERING CLAUSES

                            13.    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,14  NRS  IS  LIABLE  FOR   A 
                               MONETARY FORFEITURE in the  amount 
                               of    three    thousand    dollars 
                               ($3,000) for willful and  repeated 
                               violation of  Section  17.4(a)  of 
                               the Rules.

                            14.    IT  IS   ALSO  ORDERED   that, 
                               pursuant  Section  308(b)  of  the 
                               Act, NRS  must submit  the  report 
                               described in Paragraph 12,  above, 
                               within 30  days from  the  release 
                               of  this   Order,   to:    Federal 
                               Communications         Commission, 
                               Enforcement    Bureau,    Spectrum 
                               Enforcement  Division,  445   12th 
                               Street,  S.W.,   Room   7-A   820, 
                               Washington,      D.C.       20554, 
                               Attention:    Thomas   D.    Fitz-
                               Gibbon.

                            15.    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.15  
                               Payment may 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 
                               reference      NAL/Acct.       No. 
                               200332480004  and  FRN  0000-0394-
                               46.   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. 
                               20554.16

                            16.    IT  IS  FURTHER  ORDERED  that 
                               copies  of  this  Order  shall  be 
                               sent  by  Certified  Mail   Return 
                               Receipt  Requested  and  by  First 
                               Class  Mail  to  NRS  Enterprises, 
                               Inc.,  607   E.  Carroll   Street, 
                               Tullahoma, Tennessee 37388.

                              FEDERAL COMMUNICATIONS COMMISSION

                         


                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.4 (a).

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200332480004 (Enf.  Bur., Atlanta  Office, released  November  5, 
2002).    

  3 47 U.S.C.  503(b).

  4 47 C.F.R.  1.80.

  5 47 U.S.C.  503(b)(2)(D).

  6  The  Commission's TOWPUB  tower  data  base  indicates  that 
WJIG's tower  was  assigned  painting  or  lighting  requirements 
before July 1, 1996.

  7  Even  had  NRS  taken  remedial  measures  to  correct   the 
registration violation, no mitigation would be warranted on  that 
basis.  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.''  
See also  Callais  Cablevision, Inc.,  17  FCC Rcd  22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

  8 Although  NRS no longer employs  the general manager who  was 
in charge  at  the  time of  the  issuance  of the  NOV,  NRS  is 
responsible for his  actions.  ``[T]he Commission  has long  held 
that licensees and  other Commission  regulatees are  responsible 
for the acts  and omissions  of their  employees and  independent 
contractors and has consistently refused to excuse licensees from 
forfeiture penalties where  actions of  employees or  independent 
contractors have resulted in  violations.''  Eure Family  Limited 
Partnership,  17  FCC  Rcd   21861,  21863-64  (2002)   (internal 
quotation marks omitted) and cases cited therein.

  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 ....''  See  Southern California Broadcasting Co.,  6 
FCC Rcd 4387 (1991).  

  10  As  provided  by  47  U.S.C.    312(f)(2),  a   continuous 
violation is ``repeated'' if it continues 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).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn. 56 (2003).

  11  See PJB Communications  of Virginia, Inc., 7 FCC Rcd  2088, 
2089 (1992). 

  12  Id. at  2089  (forfeiture  not deemed  excessive  where  it 
represented approximately 2.02  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); Afton Communications Corp., 7 FCC Rcd 6741 (Com.  Car. 
Bur. 1992) (forfeiture not deemed excessive where it  represented 
approximately 3.9 percent of the violator's gross revenues).

  13 47 U.S.C.  308(b)

  14 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  15 47 U.S.C.  504(a).

  16 See 47 C.F.R.  1.1914.