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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 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 18, 2004
By the Enforcement Bureau, New Orleans Office:
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.
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
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.
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
APPARENT LIABILITY FOR A FORFEITURE in the amount of seven
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
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.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
District Director, New Orleans
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.