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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
     
In the Matter of                        
                                
Booth-Newsome Broadcasting, Inc.             )
WKTE (AM)                          )          File Number: EB-00-
NF- 138 King, North Carolina                      )
                                   )    NAL/Acct. No.: X3264001    

                        FORFEITURE ORDER


   Adopted:        July 27, 2000        Released:       July  31, 
2000

By the Chief, Enforcement Bureau:

                       I.     INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount  of  five  thousand  dollars 
($5,000) against  Booth-Newsome Broadcasting,  Inc.  (``Booth''), 
licensee of AM station WKTE, King, North Carolina, for  willfully 
and   repeatedly   violating   Sections   11.35,   73.1590(a)(6), 
73.1590(b),  and   73.3526(a)(2)   of  the   Commission's   Rules 
(``Rules'').1  The noted  violations involve  Booth's failure  to 
install Emergency Alert  System (EAS) equipment,  to perform  the 
required annual measurements for spurious and harmonic  emissions 
and to maintain a complete and up-to-date public inspection  file 
at WKTE.

     2.   On April 17, 2000, the Commission's Norfolk,  Virginia, 
Resident Agent  Office (``Norfolk  Office'') issued  a Notice  of 
Apparent Liability  for  Forfeiture  (``NAL'') to  Booth  in  the 
amount  of  twenty  thousand  dollars  ($20,000)  for  the  noted 
violations.2 Booth has filed a response.

                         II.  BACKGROUND

     3.   On February 18, 2000, an agent from the Norfolk  Office 
inspected WKTE in order to  investigate a complaint against  that 
station.  During the inspection, the agent discovered that  there 
was no  EAS  equipment installed  at  WKTE, that  Booth  had  not 
performed the  required  annual  measurements  for  spurious  and 
harmonic emissions, and that the  public inspection file did  not 
include a number of required items.  The Norfolk Office issued an 
Official Notice of Violation (``NOV'') to Booth on March 13, 2000 
(corrected copy issued March 17, 2000) notifying Booth of several 
violations, including  those  described above,  that  were  found 
during the inspection.  Booth's response to the NOV, received  on 
March 27, 2000, indicated  that Booth had  corrected some of  the 
violations and was in the process of correcting the others.

     4.   As noted above, on April  17, 2000, the Norfolk  Office 
issued a  $20,000  NAL  to  Booth  for  failure  to  install  EAS 
equipment, failure to  perform the  required annual  measurements 
for spurious and  harmonic emissions  and failure  to maintain  a 
complete and up-to-date public inspection file.  In its  response 
to the  NAL, Booth  states that  it ``has  made every  effort  to 
correct the  problems and  to  prevent future  violations''3  and 
requests  cancellation  or  reduction  of  the  proposed  $20,000 
monetary forfeiture on  the basis  of its inability  to pay  that 
amount.  Booth states that it has spent $8,000 to $9,000 to bring 
WTKE  into  compliance   and  that  payment   of  $20,000   would 
necessitate borrowing  money  and would  financially  burden  the 
station.  Booth provides, with its response, copies of its  1997, 
1998 and  1999  federal  income  tax  returns.  The  tax  returns 
indicate that  Booth's  gross  revenues  were  $35,049  in  1997, 
$44,935 in 1998 and $56,521 in 1999.

                         III. DISCUSSION

     5.   As the NAL explicitly states, 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, 12 FCC Rcd 17087 (1997), recon. denied, 15 

FCC Rcd 303  (1999) (``Policy Statement'').    Section 503(b)  of 

the  Act  requires  that,  in  examining  Booth'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.6

     6.   Section 11.35(a) of the  Rules requires that  broadcast 

stations have  EAS encoders,  EAS decoders  and attention  signal 

generating and receiving equipment installed and operating during 

times  the   broadcast   station  is   in   operation.   Sections 

73.1590(a)(6)  and  73.1590(b)  of   the  Rules  require   annual 

measurements  for  spurious  and  harmonic  emissions.    Section 

73.3526(a)(2) of the Rules requires that licensees of  commercial 

broadcast  stations  maintain  a  complete  and  current   public 

inspection file.   The FCC  agent's observations  establish  that 

Booth willfully and repeatedly violated those rules.  Booth  does 

not dispute the violations.

     7.   Booth contends  that  it is  unable  to pay  a  $20,000 
forfeiture without financial hardship. Although other factors can 
be considered, the best indication of a company's ability to  pay 
a forfeiture amount  is its  gross revenues.   See generally  PJB 
Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).  In view 
of the number and seriousness of Booth's violations and the gross 
revenues indicated by Booth's tax returns, we conclude that it is 
appropriate to reduce Booth's forfeiture from $20,000 to $5,000.
 
                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of Act, and Sections  0.111, 0.311, and 1.80(f)(4) of  the 
Rules,7  Booth-Newsome  Broadcasting,  Inc.,  IS  LIABLE  FOR   A 
MONETARY FORFEITURE  in  the  amount  of  five  thousand  dollars 
($5,000) for willfully and  repeatedly violating Sections  11.35, 
73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Rules.

     9.   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.8  
Payment may  be  made by  credit  card through  the  Commission's 
Credit and  Debt  Management  Center at  (202)  418-1995,  or  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.   X3264001 
referenced above.  Requests for full payment under an installment 
plan should  be  sent  to:  Chief,  Credit  and  Debt  Management 
Center, 445 12th Street, S.W., Washington, D.C. 20554.9     

     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by  Certified Mail,  Return Receipt  Requested to  Booth-
Newsome Broadcasting,  Inc., at  Route 2,  Box 88D,  King,  North 
Carolina 27021.
 
                         FEDERAL COMMUNICATIONS COMMISSION


                         

                         David H. Solomon
                         Chief, Enforcement Bureau

     
_________________________

1 47 C.F.R.  11.35, 73.1590 (a)(6), 73.1590(b), and 
73.3526(a)(2).

2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
X3264001 (Enf. Bur., Norfolk Office, rel.April 17, 2000).
3 Booth's Response to the NAL.

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

5 47 C.F.R.  1.80.

6 47 U.S.C.  503(b)(2)(D).

7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
 
8 47 U.S.C.  504(a).

9 See 47 C.F.R.  1.1914.