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

In the Matter of                )            
                                )       File No. EB-03-CF-334
JMK Communications, Inc.        )       NAL/Acct.             No. 
WPWC                            )       
Dumfries-Triangle, VA           )       FRN: 0006-1615-09 


                                             Released:  March 4, 

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION
       1.                               In   this    Notice    of 
  Apparent Liability  for Forfeiture  ("NAL"), we  find that  JMK 
  Communications,   Inc.  (``JMK'')   has   apparently   violated 
  Sections     11.35(a),    73.1745(a),     73.3526(e)(5)     and 
  73.3526(e)(12)  of  the  Commission's  Rules1  (``Rules'')   by 
  failing  to  insure   that  EAS  monitoring  and   transmitting 
  functions are  available and operational  during the times  the 
  station is in operation, operating with unauthorized times  and 
  modes, and failing to place the most current ownership  report, 
  written comments and suggestions from the public and a list  of 
  programs  that have  provided  the station's  most  significant 
  treatment of  community issues in  the public inspection  file.  
  We conclude  that JMK  is apparently liable  for forfeiture  in 
  the amount of twenty two thousand dollars ($22,000).

                         II.  BACKGROUND
       2.                       On July  1, 2003,  an agent  from 
  the  Commission's   Columbia  Maryland   office  attempted   an 
  inspection  of station  WPWC, Dumfries-Triangle,  Virginia  for 
  compliance  with FCC  Rules.  The  agent  went to  7601  Little 
  River  Turnpike, Annandale,  VA.  The  agent  was told  by  JMK 
  personnel  that  the main  studio  for  WPWC was  not  at  this 
  location, that there was no programming capability for WPWC  at 
  this location and that no one at this location had anything  to 
  do with  WPWC.  However, the agent  was provided an  incomplete 
  public file for station  WPWC by the JMK personnel.  The  agent 
  observed a ``quarterly issues, 2002, 2003'' sheet which  merely 
  indicates that ``5 ea.  60 sec. Spots daily'' aired during  the 
  1st quarter.   It was unclear if  these ``spots'' aired  during 
  2002 or 2003, and  the time of day was for the programming  was 
  not specified. The agent noted a similar entry for the  second, 
  third  and  fourth  quarters.   Again,  the  times  that   such 
  ``spots''  aired were  not  shown  and the  year  was  unclear. 
  Further,  the  public  file  did  not  include  copies  of  the 
  current, most recent  ownership reports.  The agent was  unable 
  to  meet  with  other  JMK  who  could  help  him  complete  an 
  inspection.  He  made arrangements to  continue the  inspection 
  the next day.
       3.                       On July  2, 2003,  the agent  met 
  the  chief operator  at  the station  transmitter  location  in 
  Dumfries-Triangle, Virginia  to complete  the inspection.   The 
  agent  found  station  logs,  including  transmitter,   antenna 
  system operating  parameters and EAS  test records.  The  agent 
  found  that  the EAS  receiver  was  not tuned  to  the  proper 
  station, WJZW, and reception of second station, WGMS, was  very 
  noisy.  The  agent noted that the  EAS equipment was  installed 
  at  the  station's   unattended  transmitter,  and  noted   its 
  monitoring  and transmitting  functions were  not available  to 
  the  station's operators  at  either  the main  studio  or  the 
  Woodbridge, VA studio.   The chief operator confirmed that  the 
  control  functions  were   only  available  at  the   station's 
  transmitter.  Further,  the chief operator  confirmed that  the 
  main studio is at  7601 Little River Turnpike in Annandale  and 
  indicated  that  a   secondary  studio  is  located  at   14416 
  Jefferson Davis Highway in Woodbridge, VA.

       4.                       On  July   2,  2003,  the   agent 
  visited WPWC's secondary  studio in Woodbridge, VA.  The  agent 
  was  provided  a  public  file  issues/  programs  list   which 
  consisted of a single sheet with only ``Quarterly Issues:  2003 
  1st quarter:  Drunk Driving Awareness 3  hrs.'' written on  it.  
  That  document did  not show  the  dates, times,  duration  and 
  title of  the program  addressing the issue.   Lists for  other 
  quarters were not  provided.  During the inspection, the  agent 
  requested and was provided copies of the transmitter  operating 

       5.                       On August  7, 2003, the  Columbia 
  Office issued  a Letter of Inquiry to  JMK in order to  clarify 
  questionable details  of operations  at WPWC.   In response  to 
  that letter,  JMK cleared up the  confusion about the  location 
  of  the   main  studio  and   associated  staff  and   records, 
  indicating that  the main studio is  at the Annandale  address.  
  Concerning the public file issues/programs list, JMK  confirmed 
  the  inspecting   agent's  finding  stating;   ``we  have   not 
  maintained a  complete formal listing,  as contemplated by  FCC 
  Rules, of the specific issues addressed in this program...'' 

       6.                       Further, JMK points out in  their 
  response to  the letter  of inquiry that  the Annandale  studio 
  includes  staff   of  station  WTRI   licensed  to   Brunswick, 
  Maryland.  JMK  was previously cited  for violation of  Section 
  73.3526(e)(12)  at WTRI,  Brunswick, Maryland  in a  Notice  of 
  Violation issued December  16, 2002.  Additionally, JMK  points 
  out that their logs accurately reflect the station operation.

       7.                       The agent  reviewed WPWC  station 
  logs provided to him at the inspection for the period April  1, 
  2003 through July 2, 2003.  The agent found that, according  to 
  the  station logs,  WPWC operated  with its  daytime power  and 
  antenna during nighttime  hours.  The daytime authorized  power 
  is  1080 watts  while  nighttime  is 540  watts.   The  daytime 
  antenna   parameters   are   different   from   the   nighttime 
  parameters.  The logs  show that  the  station changed  to  its 
  night  power  and  antenna  at  8:30  PM  EST  instead  of  the 
  authorized 7:15  PM EDT  (8:15 EST) on  May 4, 2003  and May  8 
  through May 19, 2003. 

       8.                       On 8/13/2003  and 8/20/2003,  the 
  agent  inspected radio  stations WJZW  and WGMS,  respectively.  
  He  reviewed  their  EAS  logs  noting  the  times  that  these 
  stations  transmitted EAS  tests and  alerts that  WPWC  should 
  have received.  He  reviewed WPWC logs and compared.  He  found 
  that  for the period  May 7,  2003 through July  2, 2003,  WPWC 
  logs had missing  and inaccurate received EAS test times.   The 
  agent found no entries  in the station log indicating that  the 
  EAS equipment had malfunctioned.  

                        III.  DISCUSSION

       9.                       Section  11.35(a)  of  the  Rules 
  requires 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 station and systems are  in 
  operation.  The EAS  equipment was improperly tuned on July  2, 
  2003 and  the monitoring  and transmitting  functions were  not 
  available  to  the  station  operators  at  their  normal  duty 
  position.  Further,  log entries, compared to  EAS logs of  the 
  two sending stations,  show that JMK's EAS equipment failed  on 
  or about May 6, 2003 and continued until the FCC inspection  on 
  July 2, 2003.

       10.                      Section 73.1745(a)  of the  Rules 
  requires that no  broadcast station shall operate at times,  or 
  with modes or power, other than those specified in the  station 
  license.  JMK  operated with daytime  antenna (mode) and  power 
  during nighttime hours.

       11.                      Section   73.3526(e)(5)  of   the 
  Rules requires  commercial broadcast stations  place a copy  of 
  the  most recent  , complete  ownership  report in  the  public 
  inspection file.  JMK's most recent report was not included  in 
  the file.

       12.                      Section  73.3526(e)(12)  of   the 
  Rules  requires  commercial broadcast  stations  place  in  the 
  public inspection file every  3 months a list of programs  that 
  have  provided  the station's  most  significant  treatment  of 
  community issues during  the preceding three months.  The  list 
  shall include  a brief  narrative describing  what issues  were 
  given significant treatment  and the programming that  provided 
  that treatment.  The  description shall include, but shall  not 
  be limited  to, the  time, date,  duration, and  title of  each 
  program in  which the issue was treated.  The 2 lists that  JMK 
  presented to the inspecting agent as being the  issues/programs 
  list were  different from each  other and did  not contain  the 
  required information.

       13.                      Based on the evidence before  us, 
  we find  that WKLC, Inc.  willfully2 and repeatedly3   violated 
  Sections    11.35(a),     73.1745(a),    73.3526(e)(5)      and 
  73.3526(e)(12) of  the Rules by failing  to have EAS  equipment 
  properly installed and working, by exceeding power limits,  and 
  for  failure  to  maintain records  in  the  public  file.  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'')4, sets  the 
  base forfeiture  amounts at $8,000 for  failure to comply  with 
  the rules relating  to the installation and operability of  EAS 
  equipment, $4,000  for exceeding power  limits and $10,000  for 
  failure to  comply with  the public file  rules.  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,5  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.  Applying  the 
  Forfeiture Policy  Statement and the  statutory factors to  the 
  instant  case  and  applying  the  inflation  adjustments,   we 
  believe that  a twenty two  thousand dollar ($22,000)  monetary 
  forfeiture is warranted.

                      IV.  ORDERING CLAUSES

       14.                      Accordingly, IT IS ORDERED  THAT, 
  pursuant  to Section  503(b) of  the Act6  and Sections  0.111, 
  0.311 and  1.80 of the Rules,7 JMK  is hereby NOTIFIED of  this 
  APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  twenty 
  thousand  dollars ($22,000)  for willfully  violating  Sections 
  11.35(a), 73.1745(a),  73.3526(e)(5) and 73.3526(e)(12) of  the 

       15.                      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,  JMK 
  SHALL PAY the full  amount of the proposed forfeiture or  SHALL 
  FILE a written  statement seeking reduction or cancellation  of 
  the proposed forfeiture.

       16.                      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. 
  200432340004, and FRN 0006-1615-09. 

       17.                      The  response, if  any,  must  be 
  mailed  to   Federal  Communications  Commission,   Enforcement 
  Bureau, Spectrum Enforcement  Division, 445 12th Street,  S.W., 
  Washington,  D.C. 20554  and  MUST INCLUDE  THE  NAL/Acct.  No. 

       18.                      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.

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

       20.                      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.

       21.                      IT  IS  FURTHER  ORDERED  THAT  a 
  copy of  this NOTICE  OF APPARENT  LIABILITY shall  be sent  by 
  Certified   Mail,    Return   Receipt    requested,   to    JMK 
  Communications,  Inc., 4525  Wilshire Boulevard,  Los  Angeles, 
  California 90010.

                                FEDERAL            COMMUNICATIONS 

                                Charles C. Magin
                                District Director
                                Columbia Office

Attachment A - FCC List of Small Entities, October 2002
  - Unhandled Picture -   


147 C.F.R.  11.35(a), 73.1745(a), 73.3526(e)(5) and 

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).

3 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.

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.