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

In the Matter of                   )      File Number EB-03-OR-296
WFNO, L.L.C.                       )     NAL/Acct. No.200432620003
Licensee of AM Station WFNO in     )
Norco, La.                         )              FRN 0007 637 523
Metairie, Louisiana                )


                                 Released: February 18, 2004

By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we find  WFNO,  L.L.C.  (``WFNO''), licensee  of 
radio station WFNO (AM), Norco, Louisiana, apparently liable 
for a  forfeiture in  the amount  of seven  thousand dollars 
($7,000)  for  willful  and repeated  violation  of  Section 
73.1745    of   the    Commission's   Rules    (``Rules'').1  
Specifically, we  find WFNO apparently liable  for operating 
at times, or with modes or power, other than those specified 
and made a part of the license.  

                       II.  BACKGROUND

     2.  On  December 8, 2003, the  FCC Enforcement Bureau's 
New  Orleans   Office  (``New  Orleans   Office'')  received 
information that  AM station  WFNO was  operating at  a high 
power level  at night causing interference  to the reception 
of another station.   WFNO is authorized to  operate at 5000 
watts  daytime, 750  watts nighttime,  with two  directional 
antenna patterns.

     3.  On December  8, 9, and 10, 2003, and  January 5 and 
6,  2004,  New  Orleans  Office agents  measured  the  field 
strength of  WFNO during  both daytime and  nighttime hours, 
and found that the signal strength was unchanged.

     4.  On January  8, 2004, the New  Orleans Office agents 
inspected WFNO.  During the  inspection, the station's chief 
operator confirmed that the station was not switching to its 
nighttime  power   and  directional  pattern,   but  instead 
operating continuously  using its daytime pattern  at 50% of 
its authorized daytime operating  power.  The chief operator 
stated that the station had operated in this manner since at 
least  mid-November  2003  because the  control  lines  that 
changed antenna mode failed.
                      III.  DISCUSSION

     5.   Section  73.1745  of  the  Rules  states  that  no 
broadcast station  shall operate at  times or with  modes or 
power, other  than those  specified and made  a part  of the 
license.  On December 8, 9 and 10, 2003 and January 5 and 6, 
2004, WFNO  exceeded nighttime power limits  and operated at 
night with daytime directional parameters.    

     6.   Based on  the  evidence before  us,  we find  WFNO 
willfully2 and  repeatedly3 violated Section 73.1745  of the 
Rules by operating  at times, or with modes  or power, other 
than those specified and made part of the license.  

     7.  Pursuant  to Section 1.80(b)(4) of  the Rules,4 the 
base forfeiture  amount for failure to  maintain directional 
pattern   within  prescribed   parameters  is   $7,000.   In 
addition,  the base  forfeiture  amount  for operating  with 
excessive  power  is  $4,000.   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.5  While 
WFNO  was operating  with excessive  power at  night and  an 
improper directional  pattern at night, we  believe that, in 
this case, both  violations are related to  the same action.  
Therefore, considering  the entire  record and  applying the 
factors   listed  above,   this  case   warrants  a   $7,000 

                    IV.  ORDERING CLAUSES

     8.   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 Rules,7 WFNO, L.L.C., is hereby NOTIFIED of this 
thousand dollars ($7,000) for willful and repeated violation 
of Section  73.1745 of  the Rules by  operating at  time, or 
with  modes  or power,  other  than  that specified  on  the 
station authorization.

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  WFNO, L.C.C.,  SHALL PAY the  full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     10. 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.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.8

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

     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 (``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 
     13. 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  Spectrum 
Enforcement  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.
     14. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to WFNO, L.L.C., 110 Veterans Memorial Blvd, Suite 
300, Metairie, Louisiana  70005.     


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 47 C.F.R.  73.1745.

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 4387-88 

3 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).

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.