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

In the Matter of                   )
WBLB, Inc.                         )      File Number EB-03-NF-061
Licensee of WBLB                   )    NAL/Acct. No. 200432640001
Pulaski, Virginia                  )                   FRN 8693277

                                    Released: March 11, 2004

By the Enforcement Bureau, Norfolk Office:

                      I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find WBLB Incorporated, (``WBLB''), 
licensee of  AM station WBLB, Pulaski,  Virginia, apparently 
liable  for  forfeiture  in  the amount  of  eight  thousand 
dollars ($8,000) for repeated  violation of Section 11.35(a) 
of  the Commission's  Rules (``Rules'').1   Specifically, we 
find  WBLB  apparently  liable   for  failure  to  have  its 
Emergency  Alert  System  (``EAS'')  transmitting  functions 
available during times the station is in operation.

                       II. BACKGROUND

     2.   The  Federal  Communications Commission  issued  a 
license to WBLB  that expired October 1, 2003  and a Special 
Temporary  Authority  that  will expire  when  it  processes 
WBLB's renewal application  or on June 13,  2004, which ever 
occurs first.  WBLB's authorizations allow it to transmit AM 
broadcasts  for the  community  of Pulaski,  Virginia, on  a 
frequency of 1.340 MHz from  its studio and transmitter site 
located  at 3570  Robinson  Tract  Road, Pulaski,  Virginia, 

     3.   On  March  26,  2003,  in  response  to  receiving 
information about WBLB not transmitting EAS messages, and on 
February 26, 2004, to follow up on a previous inspection, an 
agent of  the Commission's  Norfolk Field  Office (``Norfolk 
Office'')  inspected  WBLB's  station.  On  both  occasions, 
WBLB's   EAS   equipment    was   not   fully   operational.  
Specifically, WBLB's EAS equipment  malfunctioned so that it 
could  not  interrupt  WBLB's  broadcasts on  1.340  MHz  to 
transmit  EAS attention  signals during  station broadcasts.  
At  the  March 26,  2003,  inspection,  the station  manager 
stated the  EAS equipment  had been malfunctioning  since at 
least May  27, 2002,  when she  had requested  the station's 
contract engineer to visit the station.  At the February 26, 
2004, inspection,  no station  personnel could  remember the 
last  time  an EAS  test  had  been heard  on-the-air.   The 
station's  logs contained  no  entries  indicating that  EAS 
equipment  had been  removed  from service  for repair.   On 
February 27, 2004, the  station's contract engineer told the 
agent that the EAS equipment  had been repaired by replacing 
an audio switch.

                       III. DISCUSSION

     4.   Section  11.35(a)   of  the  Rules   requires  the 
licensee of a broadcast station to ensure 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  stations and  are in operation.   At the  time of 
inspections  on March  26, 2003  and on  February 26,  2004, 
WBLB's  EAS equipment  was not  capable of  transmitting the 
attention  signal on  its assigned  frequency of  1.340 MHz.  
Station logs contained no  entries showing EAS equipment had 
been removed from service for repair.2

     5.   Based  on the  evidence  before us,  we find  WBLB 
repeatedly3  violated  Section  11.35(a)  of  the  Rules  by 
failing  to have  its EAS  transmitting functions  available 
during times the station is in operation.   

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base forfeiture  amount for failing to  have Emergency Alert 
System  (``EAS'')  transmitting functions  available  during 
times the station  is in operation is  $8,000.  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  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   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants an $8,000 forfeiture.  

                    IV. ORDERING CLAUSES

     7.   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 WBLB is hereby NOTIFIED of this APPARENT 
LIABILITY FOR A  FORFEITURE in the amount  of eight thousand 
dollars ($8,000) for repeated  violation of Section 11.35(a) 
of  the  Rules  by  failing to  have  its  EAS  transmitting 
functions  available   during  times   the  station   is  in 

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

     9.   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

     10.  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 - 
Spectrum Engineering Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     11.  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 

     12.  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 
Engineering  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.

     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to WBLB,  Inc., 3570 Robinson  Tract Road 
Pulaski, VA  24301 and by mail  to PO Box 150,  Pulaski, VA, 


                         Joseph P. Husnay
                         Resident Agent, Norfolk Office, 
Enforcement Bureau


1 47 C.F.R.  11.35(a).

2 EAS tests and activations, failure to conduct such tests 
and activations, and EAS equipment malfunctions must be 
recorded in the station log.  See 47 C.F.R.  11.35(a)-(b), 
11.54(b)(12), 11.55(c)(7) and 11.61(b).

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.