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

In the Matter of                 )
                                )      File Number: EB-02-BF-058
BanJo Communications Group,      )                   EB-02-BF-059
Inc.                             )                   EB-02-BF-060
AM Broadcast Station WCHN        )
FM Broadcast Station WBKT        )      NAL/Acct.No.:200232280001
FM Broadcast Station WKXZ        )
Oneonta, New York                )              FRN: 0003-7815-98


                                             Released:  June 18, 
By the Resident Agent, Buffalo Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that BanJo Communications Group, Inc., (``BanJo''), licensee 
of  radio  stations   WKXZ(FM),  WBKT(FM),   and  WCHN(AM),   has 
apparently violated Sections 1.89(b),  11.35(a), and 11.61(a)  of 
the Commission's Rules and  Regulations (``Rules'')1, by  failing 
to  respond  to  Commission   communications,  failing  to   have 
installed an operational  Emergency Alert  System (``EAS''),  and 
failing to  determine and  log the  reasons why  EAS monthly  and 
weekly tests were not being received and retransmitted  properly.  
We conclude that BanJo is apparently liable for forfeiture in the 
amount of twenty three thousand dollars ($23,000).

                         II.  BACKGROUND

     2.   On  March  14,  2002,  Agent  Gene  Stanbro  from   the 
Commission's  Buffalo  Office   inspected  BanJo  facilities   in 
Norwich, New York to verify compliance with the Commission's  EAS 
requirements.  Agent Stanbro's inspection revealed each broadcast 
station (WKXZ(FM), WBKT(FM), and WCHN(AM)  ) was in violation  of 
the EAS rules.  The three stations were sharing a common  control 
point and  a  single EAS  system.  Based on  examination  of  EAS 
equipment and records  at BanJo, the  agent determined  WKXZ(FM), 
WCHN(AM), and WBKT(FM) did not have installed an operational  EAS 
system, or any record of  receiving monthly or weekly tests  from 
any assigned  EAS  monitoring source.   WKXZ(FM),  WBKT(FM),  and 
WCHN(AM) had no record of  transmitting weekly or monthly  tests.  
There were no EAS logs, for WBKT(FM), WKXZ(FM), or WCHN(AM),  for 
at least two years.  The EAS printer was out of paper, no one  at 
the station was able  to locate or install  a new roll of  paper.  
No one at  the station was  able to tell  the inspector the  last 
time an EAS test was received or transmitted.

     3.   On March 25, 2002, Agent Stanbro of the Buffalo  Office 
issued Official Notices of Violation (``NOV'') to BanJo  stations 
WKXZ(FM), WBKT(FM), and WCHN(AM), for violations found during the 
March 14, 2002 inspection.  Agent Stanbro cited the stations  for 
non-compliance   with   Sections   11.15,   11.35,   11.61(a)(1), 
11.61(a)(2), and 73.1820(a)(1) of the Rules.2 

     4.   As of  April  30,  2002, the  Buffalo  Office  had  not 
received a response from BanJo.   Agent Stanbro called Mr.  James 
Johnson, President of BanJo and asked why they had not replied to 
the  Notices  of   Violation  as  required   by  the  Rules   and 
Regulations.  Mr. Johnson  stated a  reply would be  in the  mail 
within the next two  days.  To date, the  Buffalo Office has  not 
received any reply.

                      III.      DISCUSSION

     5.   Section 1.89(b) of  the Rules requires  that within  10 
days, or such period as may be specified, of receipt of a  Notice 
of Violation, the recipient  shall send a  written answer to  the 
office originating the official notice.   If an answer cannot  be 
sent or  an acknowledgement  cannot be  made within  such  10-day 
period by reason  of illness or  other unavoidable  circumstance, 
acknowledgement  and  answer  shall  be  made  at  the   earliest 
practicable date with a satisfactory explanation of the delay.

     6.   Section 11.35(a) of the Rules states that stations  are 
responsible for  ensuring that  EAS  encoders, EAS  Decoders  and 
Attention Signal generating and receiving equipment used as  part 
of the EAS are installed so that the monitoring and  transmitting 
functions are  available during  the times  the stations  are  in 
operation.  Additionally, stations  must determine  the cause  of 
any  failure  to  receive  the  required  tests  or  activations.  
Appropriate entries must  be made  in the  broadcast station  log 
indicating reasons why tests were not received.

     7.   Section 11.61(a) of the Rules requires stations to test 
EAS equipment at  regular intervals.  Stations  may activate  EAS 
for emergencies  or special  tests at  the State  or local  level 
instead of the monthly or weekly tests required by this section.

     8.   Based on the  evidence before  us, we  find that  BanJo 
willfully3 and  repeatedly4 violated  Sections 1.89(b),  11.35(a) 
and 11.61(a) of  the rules  by failing to  respond to  Commission 
communications, by failing to have an operational EAS system, and 
by failing to determine  and log the reasons  why EAS tests  were 
not being  received  from each  of  its two  assigned  monitoring 
sources and  why  the stations  did  not determine  and  log  the 
reasons for failed  required test  activations. The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17113 (1997), recon. denied,  15 FCC Rcd 303(1999)  (``Forfeiture 
Policy Statement'')5, sets the  base forfeiture amount at  $4,000 
for failure respond to  Commission communications, sets the  base 
forfeiture amount  at  $8000  for failure  to  install  and  have 
operational EAS  equipment,  and the  base  amount at  $1000  for 
failure to maintain required records.  Since each of the stations 
failed to respond  and failed to  maintain the required  records, 
the total for failure  to respond is $12,000,  and the total  for 
failure to maintain required records is $3000.  In assessing  the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors  set  forth  in  Section  503(b)(2)(D)  of  the 
Communications Act of 1934 (``Act''), as amended,6 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.  The record reveals that BanJo does  have 
an overall  history of  compliance.   However, the  violation  is 
egregious.  Applying  the  Forfeiture Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we  believe  that  a twenty  three  thousand  dollar 
($23,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act7, and Sections  0.111, 0.311 and  1.80 of  the 
Rules8, BanJo CommunicationsGroup, Inc. is hereby NOTIFIED of its 
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty three 
thousand dollars ($23,000) for willful and repeated violation  of 
Sections 11.35(a), 11.61(a),  and 1.80(b)(4)  of the  Commissions 

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY,  BanJo Communications  Group,  Inc.  SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     11.  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.200232280001 and FRN: 0003-7815-98.

     12.  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.200232280001.

     13.  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 

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.9 

     15.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to  BanJo  Communications  Group,  Inc.,  34  Chestnut 
Street, Oneonta, NY 13820.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Gene J. Stanbro
                              Resident Agent
                              Buffalo Office


1 47 C.F.R.  1.89(b), 11.35(a) and 11.61(a).
2 47 C.F.R.  11.15, 11.35, 11.61(a)(1), 11.61(a)(2) and 

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provide that       ``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....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

4 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.

547 C.F.R.  1.80(b)(4).

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, and 1.80.

9 See 47 C.F.R.  1.1914.