******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                 )       File Number EB-02-TP-477
                                )
Radio Station WWAB, Inc.         )      NAL/Acct.No. 200332700011
Licensee of Radio Station        )               FRN 0003-7768-04
WWAB(AM) in Lakeland, Florida    )
                                 )

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                       Released: December 9, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Radio Station WWAB, Inc., licensee of AM radio 
station WWAB, Lakeland, Florida, apparently liable for a 
forfeiture in the amount of two thousand dollars ($2,000) for 
repeated and willful violation of Sections 11.61(a)(1) and 
11.61(a)(2)(i)(A) of the Commission's Rules (``Rules'').1  
Specifically, we find Radio Station WWAB, Inc. apparently liable 
for failing to conduct weekly and monthly tests of the Emergency 
Alert System (``EAS'').

                         II.  BACKGROUND

     2.  On September 10, 2002, agents from the FCC Enforcement 
Bureau's Tampa Field Office inspected station WWAB (AM) in 
Lakeland, Florida.  The broadcast station log contained no 
entries reflecting any EAS events or reasons for failure to send 
and receive required tests between March and July, 2002.  A 
station employee stated that the station had not run any EAS 
tests.

                        III.  DISCUSSION

     3.  Section 11.61(a)(2)(i)(A) of the Rules requires that 
effective January 1, 1997, AM, FM, and TV stations must conduct 
tests of the EAS header and End of Message codes at least once a 
week at random days and times.  Radio Station WWAB, Inc. failed 
to conduct required weekly EAS tests between March and July, 
2002.

     4.  Section 11.61(a)(1) of the rules requires that effective 
January 1, 1997, AM, FM, and TV stations must conduct tests of 
the EAS header codes, Attention Signal, Test Script and EOM code.  
Tests in odd numbered months shall occur between 8:30 a.m. and 
local sunset.  Tests in even numbered months shall occur between 
local sunset and 8:30 a.m.  These monthly tests must be 
transmitted within 15 minutes of receipt by broadcast stations.  
Radio Station WWAB, Inc. failed to conduct required monthly EAS 
tests between March and July, 2002.

     5.  Based on the evidence before us, we find that Radio 
Station WWAB, Inc. repeatedly2 and willfully3 violated Sections 
11.61(a)(2)(i)(A) and 11.61(a)(1) of the Rules by failing to 
conduct weekly and monthly EAS tests.

     6.  Section 1.80(b)(4) of the Rules4 sets forth the base 
forfeiture amounts for various violations of the Commission's 
Rules.  The Rules do not establish a base forfeiture amount for 
violating the Commission's rules requiring EAS tests.  Therefore, 
we must determine an appropriate forfeiture amount for this 
violation.5  The requirement that broadcast stations conduct EAS 
tests is similar in both nature and severity to other required 
operational performance checks identified in the Rules as 
required measurements or required monitoring.  Section 1.80(b)(4) 
of the Rules sets the base forfeiture amount at $2,000 for 
failure to make required measurements or conduct required 
monitoring.  Therefore, we will assess the base forfeiture for 
failing to conduct EAS tests in the amount of $2,000.  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 Communications Act of 1934, as amended (``Act''), which 
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.''6 Considering the 
entire record and applying the factors listed above, this case 
warrants a $2,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the 
Rules,8 Radio Station WWAB, Inc. is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand 
dollars ($2,000) for repeated and willful violation of Sections 
11.61(a)(2)(i)(A) and 11.61(a)(1) of the Rules by failing to 
conduct weekly and monthly tests of the Emergency Alert System.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this NAL, 
Radio Station WWAB, Inc. SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     9.  Payment of the forfeiture may be made 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. and FRN referenced above.  Request for payment of 
the full amount of this NAL under an installment plan should be 
sent to: Chief, Revenue and Receivable Operations Group, 445 12th 
Street, S.W., Washington, D.C.  20554.9

     10. The response, if any, must be mailed to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE 
NAL/Acct. No. referenced above.

     11. 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 (``GAAP''); 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.
  
     12. Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is 
engaged in a two-year tracking process regarding the size of 
entities involved in forfeitures.  If you qualify as a small 
entity and if you wish to be treated as a small entity for 
tracking purposes, please so certify to us within thirty (30) 
days of this NAL, either in your response to the NAL or in a 
separate filing to be sent to the Technical & Public Safety 
Division.  Your certification should indicate whether you, 
including your parent entity and its subsidiaries, meet one of 
the definitions set forth in the list provided by the FCC's 
Office of Communications Business Opportunities (OCBO) set forth 
in Attachment A of this Notice of Apparent Liability.  This 
information will be used for tracking purposes only.  Your 
response or failure to respond to this question will have no 
effect on your rights and responsibilities pursuant to Section 
503(b) of the Communications Act.  If you have questions 
regarding any of the information contained in Attachment A, 
please contact OCBO at (202) 418-0990.

     13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt Requested 
to Radio Station WWAB, Inc., P. O. Box 65, Lakeland, Florida 
33802.


                              FEDERAL COMMUNICATIONS COMMISSION



                              Ralph M. Barlow
                              District Director, Tampa Office

                              Enforcement Bureau


Attachment
_________________________

1 47 C.F.R. §§ 11.61(a)(1) and 11.61(a)(2)(i)(A).
2
32 The 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.''  47 U.S.C. § 
312(f)(2).
 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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).
4 47 C.F.R. § 1.80(b)(4).
5 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement''), 12 FCC Rcd 17087 
(1997), recon. denied 15 FCC Rcd 303 (1999).  The Forfeiture 
Policy Statement states that ``... any omission of a specific 
rule violation from the ... [forfeiture guidelines] ... should 
not signal that the Commission considers any unlisted violation 
as nonexistent or unimportant.''  Forfeiture Policy Statement, 12 
FCC Rcd at 17099.  The Commission retains the discretion, 
moreover, to depart from the Forfeiture Policy Statement and 
issue forfeitures on a case?by?case basis, under its general 
forfeiture authority contained in Section 503 of the Act.  Id.
6 47 U.S.C. § 503 (b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.