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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio 810 Nashville, ) File Number EB-02-AT-100
Incorporated ) NAL/Acct. No. 200232480004
Licensee of Radio Station WMGC, ) FRN 0006-3776-00
Murfreesboro, Tennessee )
Evansville, IN 47714 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 18, 2002
By the Enforcement Bureau, Atlanta Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Radio 810 Nashville, Incorporated (``Radio 810''),
licensee of radio station WMGC, Murfreesboro, Tennessee,
willfully violated Sections 73.1215(a), 73.1350(d)(2), and
73.1745(a) of the Commission's Rules (``Rules'').1 Specifically,
Radio 810 failed to maintain properly calibrated indicating
instruments, failed to terminate broadcast operation as required
when the station operated in non-compliance with the technical
rules, and exceeded the authorized transmitter power by failing
to reduce power at sunset. The violations of Sections
73.1350(d)(2) and 73.1745(a) also are repeated violations. We
conclude that Radio 810 Nashville, Incorporated is apparently
liable for a forfeiture in the amount of ten thousand dollars
($10,000).
II. BACKGROUND
2. On March 26, 2002, the Federal Communications Commission
(``FCC'') Enforcement Bureau's Atlanta Field Office ("Field
Office") received information that radio station WMGC in
Murfreesboro, Tennessee, failed to reduce transmitter power after
sunset as required by the station authorization.
3. On April 16, 2002 an agent of the Field Office monitored
WMGC's signal. Field strength measurements revealed that WMGC did
not reduce transmitter power at sunset as required by the station
authorization, but remained at daytime power in excess of the
authorized nighttime power of 6 watts until 8:10 pm CDT. Local
sunset was 7:15 pm CDT in April.
4. On April 17, 2002, an agent of the Field Office again
monitored WMGC's signal. Field strength measurements revealed
that WMGC did not reduce transmitter power at sunset as required
by the station authorization, but remained at daytime power in
excess of the authorized nighttime power of 6 watts until 8:10 pm
CDT.
5. On April 18, 2002, an agent of the Field Office inspected
station WMGC. The agent found the station's antenna base current
meter at the authorized daytime power level of 5000 watts read
9.2 amperes when it should have read 13.8 amperes, an error of
4.6 amperes. In addition, the base current meter, when used to
measure nighttime power levels of 6 watts, had a minimum normal
indication of approximately 0.47 amperes, but the meter had a
full-scale reading of more than 42 times that indication.
III. DISCUSSION
6. Section 73.1745(a) of the Rules states that no broadcast
station shall operate at times, or with modes or power, other
than those specified and made part of the license. WMGC operated
with daytime power on April 16 and April 17, 2002, after local
sunset until 8:10 p.m. local time. Also, field strength
measurements of WMGC's nighttime power indicated a power level in
excess of the 6 watts authorized. Section 73.1350(d)(2) of the
Rules requires AM stations to terminate operation within three
minutes in the event the station operates in a mode not specified
by the station license for the pertinent time of day or hours of
operation. On April 16 and 17, 2002, WMGC operated with daytime
transmitter power during nighttime hours from local sunset at
7:15 p.m. until 8:10 p.m. local time. Section 73.1215(a) of the
Rules provides specifications for linear scale indicating
instruments. Specifically, Section 73.1215(a)(2) of the Rules
requires that linear scale instruments be accurate to at least 2%
of the full-scale reading. The base current meter was a linear
scale meter with a full scale of 20 amperes, thus requiring an
accuracy of at least 0.4 amperes. On April 18, 2002, WMGC's
antenna base current meter reading for daytime power read 9.2
amperes when it should have read 13.8 amperes, a difference of
4.6 amperes. Also, Section 73.1215(a)(5) of the Rules requires
linear scale instruments to have a full-scale reading not greater
than five times the minimum normal indication. For authorized
nighttime power of 6 watts, the normal current reading would be
approximately 0.47 amperes. The full-scale reading of the base
current meter was 20 amperes, or more than forty-two times the
minimum normal indication.
7. Based on the evidence before us, we find that on April
16 and 17, 2002, Radio 810 Nashville, Incorporated repeatedly2
and willfully3 violated Sections 73.1350(d)(2) and 73.1745(a) of
the Rules, and on April 18, 2002, willfully violated Section
73.1215(a) of the Rules.
8. Pursuant to Section 1.80(b)(4) of the Commission's Rules,
the base forfeiture amounts for the violations cited in this
notice are: $4,000 for operating with excessive power at night
(exceeding power limits), $3,000 for failure to terminate
broadcast operation when required (violation of transmitter
control and metering requirements), and $3,000 for failure to
maintain properly calibrated monitoring equipment (violation of
transmitter control and metering requirements).4 Section
503(b)(2)(D) of the Communications Act of 1934, as amended
(``Act''), requires us to take into account ``... 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.''5 The Field Office received complaints
concerning WMGC's overpower operation at night. Considering the
entire record and applying the statutory factors listed above,
this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,7 Radio 810 Nashville, Incorporated is hereby
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount
of ten thousand dollars ($10,000) for repeated and willful
violation of Sections 73.1350(d)(2), and 73.1745(a), and willful
violation of Section 73.1215(a) of the Rules.
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Radio 810 Nashville,
Incorporated 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 MUST INCLUDE
the NAL/Acct. No. and FRN referenced in the letterhead above.
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. and FRN referenced in the letterhead above.
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
submitted.
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. 20554.8
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Radio 810 Nashville, Incorporated at Radio
Station WMGC, 4314 Cherry Court, Evansville, IN 47714.
FEDERAL COMMUNICATIONS COMMISSION
Fred L. Broce
District Director
Atlanta Office, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 73.1215(a), 73.1350(d)(2), and 73.1745(a)
2 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally 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.''
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally 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).
4 47 C.F.R. § 1.80(b)(4)
5 47 U.S.C. § 503 (b)(2)(D)
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.