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

In the Matter of                )  File No. EB-98-OR-320
Buchanan Broadcasting Company, Inc.     )
Pearl, Mississippi              )  NAL/Acct. No. 815OR0001

   Adopted:   November 29, 2000         Released:    December  1, 


By the Commission:

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 

deny the  application for  review filed  on  March  27, 2000,  by 

Buchanan Broadcasting Company,  Inc. (``Buchanan''), licensee  of 

Station WJNT(AM), Jackson, Mississippi.  Buchanan seeks review of 

the Enforcement  Bureau's  (``Bureau'')  Memorandum  Opinion  and 

Order (``MO&O'') released February 25,  2000.1  In the MO&O,  the 

Bureau reduced  Buchanan's monetary  forfeiture for  willful  and 

repeated  violations  of   Sections  73.49,  73.1560(a)(1),   and 

73.1745(a) of  the Commission's  Rules (``the  Rules'')2 and  the 

terms of Station WJNT's authorization from $10,000 to $9,000  and 

denied Buchanan's  petition  for  reconsideration  in  all  other 

respects.  For the  reasons discussed below,  we deny  Buchanan's 

application for review and affirm the monetary forfeiture  amount 

of $9,000.


     2.   While investigating  a complaint  about Station  WJNT's 

operations,  on  March  17  and  18,  1998,  an  agent  from  the 

Commission's New Orleans, Louisiana, Field Office (``New  Orleans 

Office'')  monitored  the  station's  signal  to  determine   its 

relative output power.  The  agent's field strength  measurements 

on those  dates showed  that,  contrary to  the terms  of  WJNT's 

license, there was no substantial  change in WJNT's output  power 

or  directional  mode  of  operations  from  the  middle  of  the 

afternoon through the evening.   Subsequently, on March  19,1998, 

the agent conducted an inspection of the station's facilities.

     3.   Based on the foregoing  investigation, the New  Orleans 

Office  issued  a  Notice  of  Apparent  Liability  (``NAL'')  to 

Buchanan on July 28, 1998, in the amount of $18,000, for  willful 

and repeated violations of  Sections 73.49 (inadequate  fencing), 

73.1560(a)(1) (failure to reduce nighttime power) and  73.1745(a) 

(failure to change  directional mode of  operations at night)  of 

the Rules.  In its August 26, 1998, response to the NAL, Buchanan 

requested reduction of the forfeiture  amount.  In its March  22, 

1999, Forfeiture Order,3  the former  Compliance and  Information 

Bureau (``CIB'') reduced the forfeiture amount to $10,000 on  the 

basis of  Buchanan's inability  to  pay a  larger amount.   In  a 

petition  for  reconsideration  (``petition''),  Buchanan  sought 

rescission or reduction of the portion of the forfeiture  imposed 

for violation of Section 73.49 of the Rules (inadequate fencing).  

On February  25,  2000, the  Bureau  released its  MO&O  granting 

Buchanan's petition only  to the extent  of reducing the  overall 

forfeiture to $9,000 and denying it in all other respects.


     4.   Buchanan  seeks  rescission  of  the  forfeiture,   but 

focuses only  on  the  portion  of  the  forfeiture  imposed  for 

violation  of  Section  73.49  of  the  Rules  (inadequate  tower 

fencing).  On  review, Buchanan  argues  once again  that  WJNT's 

antenna tower was inaccessible because of flooding and, thus,  it 

could not have  repaired the  fence around  the tower.   However, 

Buchanan presents no evidence that it made any effort to make the 

repairs.  Moreover,  we note  that the  Bureau took  the  limited 

accessibility of  WJNT's  antenna  tower  into  account  when  it 

reduced Buchanan's  forfeiture to  $9,000.  As  a result  of  two 

earlier reductions, Buchanan's forfeiture  is half of the  amount 

originally proposed.  Under all  the circumstances of this  case, 

we find that no further reduction is warranted.

     5.   Upon careful review of  the application for review  and 

the entire  record in  this  case, we  conclude that  the  Bureau 

properly decided  the matters  raised below,  and we  uphold  its 

decision for the reasons indicated  above as well as the  reasons 

set forth in the Bureau's February 25, 2000, MO&O. 

                      IV.  ORDERING CLAUSES

     6.   ACCORDINGLY, IT IS  ORDERED that,  pursuant to  section 

1.115(g) of  the Rules,4  Buchanan Broadcasting  Company,  Inc.'s 

application for review of the MO&O released February 25, 2000, IS 


     7.   IT IS FURTHER ORDERED that, pursuant to Section  503(b) 

of  the  Act5  and  Section  1.80(f)  of  the  Rules,6   Buchanan 

Broadcasting Company, Inc., shall, within 30 days of the  release 

of this Order, pay the amount of $9,000 for willful and  repeated 

violations of Sections  73.49, 73.1560(a)(1),  and 73.1745(a)  of 

the Rules  and  the  terms of  the  WJNT  station  authorization. 

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.7   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 note the NAL/Acct.  No. 

815OR0001, 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. 


     8.   IT IS FURTHER ORDERED that, a copy of this Order  shall 

be sent certified mail, return receipt requested, to Buchanan  `s 

counsel, Peter Gutman, Esq., Pepper  & Corrazini, 1776 K  Street, 

N.W.,  Suite 200, Washington, D.C. 20006.


                         Magalie Roman Salas


1 15 FCC Rcd. 4360 (Enf. Bur. 2000).

2 47 C.F.R.  73.1560(a)(1), 73.1745(a), and 73.49.

3 14 FCC Rcd 5171 (Compl. & Inf. Bur. 1999).

4 47 C.F.R.  1.115(g).

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

6 47 C.F.R.  1.80(f).

7 47 U.S.C.  504(a).

8 See 47 C.F.R.  1.1914.