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                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C. 20554


In the matter of

Betty's Communications Companies, Inc.  )
2820 Lewis Speedway           )         NAL/Acct No.  
X3270001
St. Augustine, Florida 32084       )         Case No. 
99TP114

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted:  January 4, 2000               Released:  
January 4, 2000

By the Enforcement Bureau: Tampa District Office

                      I.   INTRODUCTION

1.   This is a Notice of Apparent Liability for monetary 
   forfeiture issued pursuant to Section 503(b) of the 
   Communications Act of 1934, as amended, (the Act) 47 
   U.S.C. § 503(b), and Section 1.80 of the rules, 47 C.F.R. 
   § 1.80, to Betty's Communications Companies, Inc., 
   licensee of AM Broadcast Station WKLN, for willful and 
   repeated violation of the Terms of Station Authorization 
   for operating at night without  authorization and  
   Section 73.1560(a)(1), of the Rules 47 C.F.R.§ 
   73.560(a)(1) for using a power level in excess of its 
   authorized power.

2.   The appropriate amount of forfeiture for this violation 
   is determined to be $2,000.00.

                       II.  BACKGROUND

3.   On January 15, 1999 and again on May 3, 1999, agents 
   from the Federal Communications Commission's ( 
   Commission) Enforcement Bureau, Tampa District Office, 
   conducted field strength measurements and monitored 
   broadcast times of radio station WKLN, 1170 kHz, St. 
   Augustine, Florida.  On May 4, 1999, agents inspected 
   radio station WKLN.  The monitoring and inspection 
   revealed several violations of the Commission's Rules, 
   including violations of 47 C.F.R. Sections 73.99(d)(1), 
   73.99(e), 73.1560(a)(1), 73.1350(c)(1), 73.1840(a), and 
   11.61(a)(1)(i) and (2)(ii)(A).  On June 3, 1999, an 
   Official Notice of Violation, (NOV), was issued to 
   Betty's Communications Companies, Inc., by the Tampa 
   District Office1.

4.   On June 18, 1999, the Tampa District Office received a 
   written response to the NOV from Mr. Harold Osborne, 
   General Manager of radio station WKLN, St. Augustine, 
   Florida.  In his reply to the NOV, Mr. Osborne did not 
   refute the findings of a power level in excess of the 
   station's authorized operating power.  Mr. Osborne 
   offered an explanation but could not provide any 
   documentation to support his explanation.  On September 
   22, 1999, a Continuation of Official Notice of Violation 
   was issued to Betty's Communications Companies, Inc. 
   asking for specific documentation to support his 
   explanation of the violation.  In this response, Mr. 
   Osborne was still unable to support his explanation with 
   documentation. 

                    III.      DISCUSSION

5.   Betty's Communications Companies, Inc. operated from 
   5:45 PM EST until 9:00 PM EST on January 15, 1999, and 
   from 8:15 PM EDT until 11:05 PM EDT on May 3, 1999, 
   without any authorization to operate during these times 
   issued by the Commission.  Betty's Communications 
   Companies, Inc. operated with a power in excess of that 
   which is authorized on May 3, 1999, and again on May 4th, 
   1999.   The calculated power on those two days was 955 
   watts or 115% of that which is authorized.
 
6.   The response to the NOV and the Continuation NOV 
   present no substantive evidence to refute the findings of 
   the Commission agents during their station monitoring and 
   field strength measurements conducted on January 15, 1999 
   and May 3, 1999, or their inspection of WKLN's operation 
   on May 4, 1999.  Betty's Communications Companies Inc., 
   licensee of radio station WKLN, is responsible for 
   knowledge of, and compliance with, the applicable 
   sections of Part 73 of the Commission's rules which 
   include hours of operation and operating power and mode 
   tolerances.

7.   The violations were willful. 2

8.   Pursuant to the Forfeiture Policy Statement, 12 FCC Rcd 
   17087 (1997) (Forfeiture Policy), the base amount for 
   these type of violations is $4,000.00.  In assessing the 
   monetary forfeiture amount, we must also take into 
   account the statutory factors set forth in section 
   503(b)(2)(D) that include 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, 47 U.S.C. § 503(b)(2)(D).  Applying 
   the Policy Statement and statutory factors to the instant 
   case, the lack of previous violations and short tenure as 
   licensee, we believe that a monetary forfeiture in the 
   amount of $2,000.00 is warranted.

                    IV.  ORDERING CLAUSES

9.   Accordingly, IT IS ORDERED, pursuant to Section 503(b) 
   of the Communications Act, 47 U.S.C. §                                                                               
   503(b), and Section 1.80 of the Commission's Rules, 47 
   C.F.R. § 1.80, that Betty's Communications Companies, 
   Inc., IS APPARENTLY LIABLE FOR MONETARY FORFEITURE in the 
   amount of $2,000.00 for violating the Terms of Station 
   Authorization and Section 73.1560(a)(1) of the Rules, 47 
   C.F.R. § 73.560(a)(1) for using a power level in excess 
   of its authorized power.  The amount specified was 
   determined after consideration of the factors set forth 
   in Section 503(b)(2)(D) of the Act, 47 U.S.C. § 
   503(b)(2)(D) and the guidelines enumerated in the 
   Forfeiture Policy Statement.

10.  IT IS FURTHER ORDERED, pursuant to Sections 1.80(f)(3) 
   and (h) of the Commission's Rules, 47 C.F.R. § 1.80(f)(3) 
   and (h), that Betty's Communications Companies Inc., 
   within thirty (30) days of the date of release of this 
   Notice, must pay the monetary forfeiture amount of 
   $2,000.00 or file a written response showing why the 
   forfeiture should be reduced or not imposed.  Any written 
   response must include a detailed factual statement and 
   supporting documentation.3  Forfeitures shall be paid by 
   check, money order, or credit card, with the appropriate 
   documentation, made payable to the Federal Communications 
   Commission.4  The remittance should be marked NAL/Acct 
   No: X3270001 and mailed to the following address:

   Federal Communications Commission
   P.O. Box 73482
   Chicago, IL 60673-7482

   Send or mail any written responses regarding the reasons 
   why the forfeiture should be reduced or not imposed to:5

                   Office of the Secretary
              Federal Communications Commission
                     445 12th Street, SW
                   Washington, D.C. 20554
                  ATTN: Enforcement Bureau
                    Mail Stop 1500E3-DLH
                   NAL/Acct. No. X3270001

   Any written response should focus on the mitigating 
   factors outlined in the Policy Statement and Section 503 
   of the Act.

11.  IT IS FURTHER ORDERED THAT this notice be sent, by 
   certified mail, return receipt requested, to Betty's 
   Communications Companies, Inc., 2820 Lewis Speedway, St. 
   Augustine, Florida 32084.



                           FEDERAL COMMUNICATIONS COMMISSION




                                Ralph M. Barlow
                              District Director
                                 Tampa District Office





 

  


_________________________

1 The notice included violations of Section 73.99(d)(1) and 
Section 73.99(e) of the Commission's rules concerning PSRA 
or PSSA operation.   However, subsequent to the issuance of 
that notice, a review of Commission records indicates that 
WKLN was not authorized any PSRA or PSSA authorization for 
the period January 15, 1999, to May 4, 1999. 
2 Section 312(f)(1), which also applies to Section 503(b), 
provides: [the 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 or any rule or regulation of the Commission authorized 
by this Act or by treaty ratified by the United States.  See 
Southern California Broadcasting Co., 6 FCC Red 4387(1991).
3 Claims of inability to pay should be supported by tax 
returns or other financial statements prepared under 
generally accepted accounting procedures for the most recent 
three-year period.
4 Requests for payment under installment plans should be 
mailed to: Chief, Billings and Collections, Mail Stop 1A820, 
445 12th Street, SW, Washington, D.C. 20554.  Payment of the 
forfeiture in installments may be considered as a separate 
matter in accordance with Section 1.1914 of the Commission's 
Rules.  Contact Chief, Billings and Collections at (202) 
418-1995 for more information on payments by credit card.
5 For example, you must support your claim that you qualify 
as a small business and may therefore be eligible for a 
potential reduction in the amount of this forfeiture 
pursuant to the Small Business Regulatory Enforcement 
Fairness Act, Pub L. 104-121, 110 Stat. 858 (1996).  If you 
have any questions on his subject, please contact the 
Commission's Office of Communications Business Opportunities 
at (202) 418-0990.