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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                                                 
     Media East, LLC                     File Number: EB-10-NF-0021   
     Licensee of Station WLGT (AM)       NAL/Acct. No.: 201132640001  
     Washington, North Carolina          FRN: 7636145                 
     Facility ID # 48399                                              

                                FORFEITURE ORDER

   Adopted: May 23, 2011 Released: May 24, 2011

   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 dollars ($10,000) to Media East, LLC,
       ("Media East"), licensee of Station WLGT(AM), in Washington, North
       Carolina ("Media East"), for willful violation of section 73.3526 of
       the Commission's rules ("Rules"). The noted violation involves Media
       East's failure to make available a complete public inspection file.


    2. As discussed in detail in the Notice of Apparent Liability ("NAL") in
       this case, on March 9, 2010, in response to a request by an agent of
       the Enforcement Bureau's Norfolk Office ("Norfolk Office") to inspect
       Station WLGT's public inspection file at the station's main studio in
       New Bern, North Carolina during regular business hours, Media East was
       unable to produce any public inspection file documents dated after
       2006. Station WLGT's station manager told the agent that the current
       public inspection file documents were probably kept at Media East's
       headquarters in Statesville, North Carolina.

    3. In view of the record evidence, the NAL proposed a forfeiture of
       $10,000 against the licensee for violation of section 73.3526 of the
       Rules. Media East submitted a response to the NAL denying that its
       public inspection file was incomplete and requesting cancellation of
       the proposed forfeiture.


    4. The proposed forfeiture amount 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 Forfeiture Policy
       Statement. In examining Media East'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. As discussed below, we have considered Media East's response
       in light of these statutory factors and impose a $10,000 forfeiture.

    5. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in this section.  For example, commercial AM
       and FM broadcast stations must include every three months a list of
       programs that have provided the station's most significant treatment
       of community issues during the preceding three-month period.  The
       public inspection file must be maintained at the station's main
       studio, and must be available for public inspection at any time during
       regular business hours. 

    6. After the station's general manager arrived during the March 9, 2010
       inspection, the agent from the Norfolk Office asked for the most
       recent station authorization, ownership report and issues/programs
       lists. The station's general manager and secretary were unable to
       produce the station renewal, ownership report, or any issues/programs
       lists dated after 2006. When the agent reviewed the station's
       issues/programs lists, he asked whether they had anything after 2006.
       Neither the general manager nor the secretary was able to produce any
       issues/programs lists after 2006, and the general manager stated that
       the missing items were probably kept in Statesville.

    7. In a declaration attached to Media East's NAL Response, Media East's
       general manager states under penalty of perjury that: (1) he was
       present during the entire inspection on March 9, 2010; (2) that he
       provided all "public affairs listings" to the agent; (3) the statement
       that the station was unable to produce any documents after 2006  is
       "not true;" (4) he told the agent that items before 2006 were probably
       kept in the Statesville office; and (5) a complete public inspection
       file was kept at the New Bern main studio.

    8. According to the agent's handwritten notes taken contemporaneous to
       the March 9, 2010 inspection and the agent's recollections of the
       inspection, Media East failed to make available any post-2006
       documents during the inspection. Although the general manager claims
       that he provided "all public affairs listings" to the agent, we do not
       find this self-serving after-the-fact recollection to be credible,
       particularly in light of other inconsistencies. For example, the
       agent's contemporaneous notes state that the inspection began with the
       assistance of the station's secretary. After the secretary was unable
       to locate the complete public inspection file, the general manager was
       called and did not arrive for approximately 30 minutes. Yet, as noted
       above, the general manager claims that he was present for the entire
       station inspection. Accordingly, we reject the general manager's
       claims and find that the preponderance of the evidence supports the
       Norfolk Office agent's description, namely that on that day, in
       response to a request made at the station's main studio during normal
       business hours, Media East was unable to produce any public inspection
       file documents dated after 2006. Therefore, based on the evidence
       before us, we find that Media East  willfully violated section 73.3526
       of the Rules by failing to make available a complete public inspection
       file.  Accordingly, we deny Media East's request for cancellation of
       the proposed $10,000 forfeiture.


    9. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311 and 1.80(f)(4) of the Commission's Rules, Media East, LLC IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
       ($10,000) for violation of section 73.3526 of the Rules.

   10. 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. 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 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.
       Media East will also send electronic notification on the date said
       payment is made to

   11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
       First Class and Certified Mail Return Receipt Requested to Media East,
       LLC at 233 Middle St., Suite 207, New Bern, NC 28560 and to its
       counsel, Peter Guttman, Womble Carlyle Sandridge & Rice, PLLC, 1401 I
       Street NW, 7th Floor, Washington, DC 20005.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526.

   Media East, LLC, Notice of Apparent Liability for Forfeiture, DA 11-231
   (Enf. Bur. rel. Feb. 10, 2011).

   See Letter from Peter Guttman, Attorney for Media East, LLC, to Norfolk
   Office, Enforcement Bureau (March 11, 2011) ("NAL Response").

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

   47 C.F.R. S: 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(e)(12).

   47 C.F.R. S: 73.3526(b).

   47 C.F.R. S: 73.3526(c).

   The agent from the Norfolk Office told the general manager that he could
   fax the most recent issues programs lists to the Norfolk Office when
   obtained from the Statesville office. The general manager never did so.

   See Statement under Penalty of Perjury of Wesley Hines, attachment to NAL
   Response. Media East also provided a statement by the President of Connor
   Media Corporation, the sole member of Media East, LLC, that there
   currently is a complete public inspection file at the main studio of
   Station WLGT in New Bern.

   Because we find that Media East willfully failed to make the public
   inspection file available, we need not address its claim that a complete
   public inspection file was maintained at the main studio.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.204, 0.311, 1.80(f)(4),
   11.35(a), 73.3526.

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

   Federal Communications Commission DA 11-938


   Federal Communications Commission DA 11-938