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


In the matter of              )
                         )
Morradio, Inc.                )                   File Number: 
EB-00-AT-061
WLMA(AM)                 )
Greenwood, SC            )                   NAL/Acct. No.: 
X3248002


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released: March 30, 2000

By the Enforcement Bureau, Atlanta Office:


                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Morradio, Inc. (``Morradio'') has 
apparently violated sections 73.1690(b), 73.3538(a)(4) and 
11.35(a) of the Commission's Rules1 for failure to license 
changes in the antenna structure location and failure to install 
and maintain emergency alert system (``EAS'') equipment.  We 
conclude that Morradio is apparently liable for forfeiture in the 
amount of twelve thousand dollars ($12,000).

                         II.  BACKGROUND

     2.  Radio station WLMA(AM) is licensed to broadcast on 1350 
kHz in Greenwood, SC.  On October 27, 1994, an agent of the 
Commission's Atlanta Office inspected WLMA(AM) and found  several 
violations.  An Official Notice of Violation (NOV) was issued to 
Morradio on November 3, 1994, for violations found during the 
inspection.  Among other violations, Morradio was cited for 
failure to install and maintain Emergency Broadcast System (EBS)2 
equipment and for failure to license changes in the antenna 
structure location.3   On October 21, 1998, a NAL was issued to 
Morradio for failure to license changes in the antenna structure 
location.  On March 31, 1999, the Commission found Morradio 
liable for a forfeiture amount of  $4,000 for failure to license 
changes in the antenna structure location.4

     3.  On January 21, 2000, agents from the Enforcement 
Bureau's Atlanta Office inspected Station WLMA(AM) and found 
several violations.  On February 2, 2000, the District Director 
of the Atlanta Office issued an NOV to Morradio, citing all 
violations found.  Among other violations, Morradio was again 
cited for failure to license changes in the antenna structure 
location5 and for failure to install and maintain EAS equipment. 
On March 16, 2000, the Atlanta Office received a response letter 
from Morradio indicating that some of the violations had been 
corrected and that the other violations would be corrected on 
future dates.

                        III.  DISCUSSION

     4.  Morradio, as the licensee of the broadcast station 
WLMA(AM), is responsible for knowledge of, and compliance with, 
the applicable sections of the Commission's rules.  Both Sections 
73.1690(b) and 73.3538(a)(4) state that changes in antenna 
location may be made only after the grant of a construction 
permit.  As revealed in the January 21, 2000, inspection, 
Morradio had relocated the tower to a site approximately 0.6 
miles from the licensed site, without obtaining Commission 
authority.  Morradio's response to the NOV asserted that Morradio 
``had understood that because of the very short distance of the 
move from the licensed site, that a new application was 
unnecessary.''  Morradio further promised to remedy the violation 
with the filing of a ``proper site change application.''  Lack of 
knowledge of the rules and remedial action to correct a violation 
are not sufficient justifications for not imposing a forfeiture, 
particularly since the licensee has a history of committing this 
same type of violation.

     5.  Section 11.35(a) states that stations must have EAS 
encoders, EAS decoders and attention signal generating and 
receiving equipment installed and operating during times the 
broadcast station is in operation.  The rules further stipulate 
that broadcast stations were to have the EAS equipment installed 
by January 1, 1997.  When the station was inspected on January 
21, 2000, there was no EAS equipment installed at the station and 
there was no EAS log demonstrating that the station had ever 
installed EAS equipment since the January 1, 1997, deadline.  The 
licensee told inspectors that he had ordered EAS equipment, but 
blamed the EAS manufacturer for non-delivery.  No evidence was 
provided to corroborate this claim.  In the response to the NOV, 
the licensee stated that ``[Morradio] is accepting bids and 
gathering information about the EAS systems and expects to order 
the system on or before April 1, 2000, and have [it] completely 
installed and fully operational by April 15, 2000.'' Remedial 
action to correct the violation is not sufficient justification 
for not imposing a forfeiture, particularly since the station was 
knowingly in violation for over three years and the licensee has 
a history of similar violations.6

     6.  Section 503(b) of the Communications Act of 1934, as 

amended (the ``Act''), 47 U.S.C.  § 503(b)(1),7 provides that any 

person who willfully8 and repeatedly9 fails to comply with the 

terms and conditions of his license or the Commission's rules 

shall be liable for a forfeiture penalty.  Based on the above 

evidence, we find that Morradio willfully and repeatedly violated 

Sections 73.1690(b), 73.3538(a)(4) and 11.35(a)10 of the 

Commission's rules. 

     7.  Pursuant to The Commission's Forfeiture Policy Statement 

and Amendment of Section 1.80 of the Rules to Incorporate the 

Forfeiture Guidelines (``Forfeiture Policy Statement''), the base 

forfeiture amounts are $4,000 for the construction and operation 

at an unauthorized location and $8,000 for the failure to have 

EAS equipment installed.11  In assessing the monetary forfeiture 

amount, we must also take into account the statutory factors set 

forth in Section 503(b)(2)(D) of the Act, which include the 

nature, circumstances, extent, and gravity of the violation(s), 

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.12  Morradio's violations were repeated 

and willful, and the licensee has a prior history of similar 

violations.  Applying the Forfeiture Policy Statement and 

statutory factors to the instant case, a $12,000 forfeiture is 

warranted.


                      IV.  ORDERING CLAUSES

     8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the communications Act of 1934, as amended13, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules14, 
Morradio, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR A 
FORFEITURE in the amount of twelve thousand dollars ($12,000) for 
violating the Commission's rules.15

     9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules16, within thirty days of the released date 
of this NOTICE OF APPARENT LIABILITY, Morradio, Inc., SHALL PAY 
the full amount of the proposed forfeiture or SHALL FILE a 
written statement seeking reduction or cancellation of the 
proposed forfeiture.

     10.  Payment of the forfeiture 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 Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3248002.

     11.  The response if any must be mailed to Office of the 
Secretary, Federal Communications Commission, 445 12th Street, 
S.W., Washington, D.C. 20554,  Atn: Enforcement Bureau -TPSD, 
NAL/Acct. No. X3248002, and must include the NAL/Acct. No. 
X3248002.

     12.  The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the petitioner submits: (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared 
according to generally accepted accounting practices ; or (3) 
some other reliable and objective documentation that accurately 
reflects the petitioner's current financial status.  Any claim of 
inability to pay must specifically identify the basis for the 
claim by reference to the financial documentation submitted.  

     13.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Credit and Debt Management Center, 445 12th Street, 
S.W., Washington, D.C. 20554.17 

     14.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Morradio, Inc., at 207 Wingert Road, Greenwood, SC  
29649.



                    FEDERAL COMMUNICATIONS COMMISSION



                    Fred L. Broce
                    District Director, Atlanta Office
_________________________

1 47 C.F.R. §§ 73.1690(b), 73.3538(a)(4) and 11.35(a).

2 EBS is the predecessor to the current EAS.

3The licensee had relocated the station's antenna tower to a site 
10 miles from the licensed site without obtaining Commission 
authority. The new site was determined by Global Positioning 
Satellite to be located at coordinates 34° 21' 26'' N and 82° 05' 
52'' W.  The licensed site was for coordinates 34° 13' 06'' N and 
82° 08' 00'' W.


4 The Forfeiture Order was adopted March 31, 1999 and Released 
April 2, 1999. The Forfeiture Order also granted Morradio a 
special temporary authority to commence operating at its 
originally licensed site, 34° 13' 06'' N and 82° 08' 00'' W.

5 The licensee had relocated the station's antenna tower to a 
site 0.6 miles from the licensed site.  The new site was 
determined by Global Positioning Satellite to be located at 
coordinates 34° 13' 25'' N and 82° 07' 30'' W.  The licensed site 
was for coordinates 34° 13' 06'' N and 82° 08' 00'' W.
 
6 On November 3, 1994, Morradio was issued an NOV for failure to 
have EBS equipment installed at the station.  On December 23, 
1996, Morradio was issued an NOV for failure to send EBS tests 
and for failure to maintain EBS logs.

7 47 U.S.C. § 503(b)(1).  See also Section 1.80(a)(1) and (2), 47 
C.F.R. § 1.80(a)(1) and (2).

8 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or omission 
of any act, means the conscious and deliberate commission or 
omission of such act, irrespective of any intent to violate any 
provision of this Act ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

9 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`repeated', when used with reference to the commission or 
omission of any act, means the commission or omission of such act 
more than once or, if such commission or omission is continuous, 
for more than one day.''

10 47 C.F.R. §§ 73.1690(b), 73.3538(a)(4) and 11.35(a)

11 12 FCC Rcd 17087 (1997), recon. Denied, 15 FCC Rcd 303 (1999).

12 47 U.S.C. § 503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

13 47 U.S.C. § 503(b).

14 47 C.F.R. §§ 0.111, 0.311, 1.80.

15 47 C.F.R. §§ 73.1690(b), 73.3538(a)(4) and 11.35(a)

16 47 C.F.R. § 1.80.

17 See 47 C.F.R. § 1.1914.