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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                        )                               
     Pittman Broadcasting Services, L.L.C.   )                               
                                                 File Number EB-07-OR-002    
     Licensee of Station KVOL-AM             )                               
                                                 NAL/Acct. No. 200732620002  
     Lafayette, LA                           )                               
                                                 FRN 0009020538              
     ASR No. 1025872                         )                               
     Facility ID No. 9415                    )                               

                                FORFEITURE ORDER

   Adopted:  February 19, 2008  Released:  February 21, 2008

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand hundred dollars ($10,000) to Pittman
       Broadcasting Services, L.L.C. ("Pittman"), licensee of station
       KVOL-AM, in Lafayette, LA and owner of antenna structure #1025872, for
       repeated violation of Sections 17.51(a) and 73.1745  of the
       Commission's Rules ("Rules"). The noted violations involve Pittman's
       failure to exhibit its structure's red obstruction lighting from
       sunset to sunrise and operation overpower during nighttime hours.


    2. Pittman is the registered owner of antenna structure #1025872. The
       Antenna Structure Registration ("ASR") specifies that the structure
       must be painted and lit.

    3. On January 17 and 18, 2007, agents from the Commission's New Orleans
       Office of the Enforcement Bureau ("New Orleans Office") observed
       antenna structure #1025872 after sunset with a top beacon
       extinguished. The agents confirmed that no Notice to Airmen ("NOTAM")
       regarding the lighting outage had been issued.

    4. On January 17, 2007, agents from the New Orleans Office monitored
       station KVOL-AM's signal and noted the transmitter power increase
       approximately 12 dB at 6:05 PM CST. On January 18, 2007, the agents
       again monitored the station and observed the same increase in
       transmitter power at approximately 6:02 PM CST.

    5. On January 19, 2007, agents from the New Orleans Office inspected the
       main studio of station KVOL-AM. The station's Chief Engineer was
       unaware that the top beacon on the antenna structure was extinguished.
       After the agents so informed him, he contacted the FAA. Although the
       station had installed an automatic alarm system, the Chief Engineer
       explained his ignorance of the outage by surmising that either the
       person responsible for reading the system did not know how to read it
       or the system was broken. After checking the station transmitter, the
       Chief Engineer stated that the transmitter was programmed incorrectly
       and was mistaking AM for PM. He stated that the transmitter's
       uninterruptible power supply was not functioning, which may have
       prevented the unit from remembering the correct time. Accordingly, the
       station was incorrectly programmed to transmit overpower at night with
       daytime power. The Chief Engineer stated neither he nor station staff
       were aware of this, prior to the inspection.

    6. On April 6, 2007, the New Orleans Office issued a Notice of Apparent
       Liability for Forfeiture to Pittman in the amount of fourteen thousand
       dollars ($14,000), for the apparent repeated violation of Sections
       17.51(a) and 73.1745 of the Rules. Pittman submitted a response to the
       NAL requesting a reduction or cancellation of the proposed forfeiture.


    7. The proposed forfeiture amounts in this case was assessed in
       accordance with Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), Section 1.80 of the Rules, 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) ("Forfeiture Policy Statement").
       In examining Pittman's 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 other such matters as justice may require.

    8. Section 17.51(a) of the Rules states that all red obstruction lighting
       shall be exhibited from sunset to sunrise unless otherwise specified.
       On January 17 and 18, 2007, agents from the New Orleans Office
       observed that the top red beacon on antenna structure #1025872 was
       extinguished after sunset. Despite having an automatic alarm system,
       Pittman staff was unaware that the light was extinguished prior to the
       inspection on January 19, 2007. Pittman did not notify the FAA of the
       lighting outage until January 19, 2007. Thus, based on the evidence
       before us, we find that Pittman repeatedly violated Section 17.51(a) 
       of the Rules by failing to exhibit required obstruction lighting.

    9. Section 73.1745 of the Rules states that no broadcast station shall
       operate at times, or with modes of power, other than those specified
       and made a part of the license. Station KVOL-AM is authorized to
       operate at 5,000 watts during the day and 1,000 watts at night. On
       January 17 and 18, 2007, agents from the New Orleans Office observed
       station KVOL-AM's transmitting power increase at approximately 6 PM
       CST. On January 19, 2007, the station's Chief Engineer confirmed that
       the station's transmitter had been programmed incorrectly and was
       operating with daytime power at night. Thus, based on the evidence
       before us, we find that Pittman repeatedly violated Section 73.1745 
       of the Rules by operating overpower at night.

   10. Pittman's response to the NAL does not dispute either of the
       violations. Pittman asserts that both problems have been fixed.
       Pittman claims that the tower lighting violation was short-term in
       nature and that procedures have been put in place to monitor the
       structure's lights. Pittman also states that the station's transmitter
       was programmed properly on December 26, 2006 and that it must have
       been tampered with or malfunctioned, without the licensee's knowledge,
       after that day. Pittman, however, has not raised any issues that
       contradict the repeated nature of the violations. The Commission may
       issue forfeitures for willful and/or repeated violations. The NAL
       found apparent repeated violations and proposed forfeitures at the
       base forfeiture amounts for the violations. As the repeated nature of
       the violations is not in question, we find Pittman has provided no
       grounds upon which to reduce or cancel the forfeiture. Moreover,
       corrective action taken to come into compliance with the Rules is
       expected, and does not nullify or mitigate any prior forfeitures or

   11. Finally, Pittman states that payment of the forfeiture would pose an
       undue financial hardship. The Commission has determined that, in
       general, an entity's gross revenues are the best indicator of its
       ability to pay a forfeiture. After examining the financial
       documentation submitted by Pittman, we agree and reduce the forfeiture
       to $10,000 based on its demonstrated inability to pay.

   12. We have examined Pittman's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that a reduction of
       the proposed forfeiture to $10,000 is warranted, based on demonstrated
       inability to pay.


   13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Pittman Broadcasting Services,
       L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten
       thousand dollars ($10,000) for violation of Sections 17.51(a) and
       73.1745 of the Rules.

   14. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: with
       any questions regarding payment procedures.

   15. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Pittman
       Broadcasting Services, L.L.C. at its address of record and to its
       counsel, Dan J. Alpert, 2120 North 21st Road, Arlington, VA 22201.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 17.51(a) and 73.1745.

   The agents contacted the Federal Aviation Administration ("FAA") on
   January 17, 2007 about the outage, but the FAA would not issue a NOTAM at
   that time, because the agents were not the owner of the structure.

   Local sunset on this date was 5:30 PM.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732620002
   (Enf. Bur., New Orleans Office, April 6, 2007) ("NAL").

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

   47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 17.51(a).

   Section 17.48 of the Rules requires tower owners to notify the nearest
   Flight Service Station or office of the FAA immediately of a lighting
   outage that requires more than 30 minutes to correct. 47 C.F.R. S: 17.48.

   As provided by 47 U.S.C. S: 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).

   47 C.F.R. S: 73.1745.

   See 47 U.S.C. S: 503(b).

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   See PJB Communications of Virginia, Inc., 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 24385 (2000) (forfeiture not deemed excessive where it represented
   approximately 7.9 percent of the violator's gross revenues); Hoosier
   Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed
   excessive where it represented approximately 7.6 percent of the violator's
   gross revenues).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4), 17.51(a),

   Federal Communications Commission DA 08-432


   Federal Communications Commission DA 08-432