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

In the Matter of                   )      File Number EB-02-NF-030
Tri-County Broadcasting, Inc.      )    NAL/Acct. No. 200232640007
Licensee of AM Radio Station WBRG  )
in Madison Heights, Virginia       )                   FRN 6015929
Lynchburg, Virginia                )


                                   Released: August 15, 2002

By the Enforcement Bureau, Norfolk Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we  find Tri-County Broadcasting, Inc. 
(``TCB''),  licensee of  AM station  WBRG, Madison  Heights, 
Virginia, apparently  liable for a forfeiture  in the amount 
of four  thousand dollars ($4,000) for  willful and repeated 
violation of  Section 73.1745(a)  of the  Commission's Rules 
(``Rules'').1  Specifically,  we find TCB  apparently liable 
for  exceeding its  authorized  power by  failing to  reduce 
power  at sunset  and by  failing to  limit its  pre-sunrise 

                         II.  BACKGROUND

     2.   In response to information that radio station WBRG 
exceeded its  authorized power during pre-sunrise  hours, an 
agent  of the  Commission's  Norfolk  Field Office  (``Field 
Office'') observed WBRG's field-strength  level on 1.050 MHz 
in  Lynchburg, Virginia,  on February  27, and  February 28, 
2002.   On February  27, 2002,  WBRG's field-strength  level 
remained constant  between 4:30  PM and  9:25 PM;  i.e., the 
required reduction  in power did  not occur at  sunset (6:00 
PM).  The  station stopped broadcasting between  9:25 PM and 
10:16 PM on February 27, 2002, and re-commenced broadcasting 
before 6:30 AM on February  28, 2002.  On February 28, 2002, 
pre-sunrise  field-strength levels  at 6:30  AM were  at the 
same level as the previous day; and at sunrise (7:00 AM), an 
increase in power did not occur.

     3.   After observing signal levels, the agent inspected 
TCB's WBRG  facilities on  February 28, 2002.   TCB provided 
copies of its authorizations that specified its maximum pre-
sunrise, daytime  and nighttime  power levels of  475, 1,000 
and 98  watts, respectively.  Station logs,  meter readings, 
and the  agent's direct power measurement  revealed that the 
station was operating with about 1,000 watts of power during 
pre-sunrise, day, and night times.  The agent notified TCB's 
management of its power violation and of other violations.

     4.   On March 4, 2002, TCB  sent the Field Office a fax 
detailing action taken  by TCB to correct  the violations of 
excessive  power  during   pre-sunrise  time  or  nighttime, 
including training its staff to increase and reduce power at 
required times. 

                      III.  DISCUSSION

     5.   Section 73.1745(a) of the Rules requires broadcast 
stations  to operate  at  times, with  modes  or with  power 
levels,  specified in  the  license the  FCC  issues to  the 
station.  TCB  operated its radio station  WBRG with daytime 
power during  the evening of  February 27, 2002,  and during 
pre-sunrise on February 28, 2002.

     6.   Based  on the  evidence  before us,  we find  TCB, 
willfully2  and repeatedly3  violated Section  73.1745(a) of 
the Rules by operating with excessive power.

     7.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base  forfeiture amount  for  excessive  power operation  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 the agent  and TCB 
management were discussing violations  on February 28, 2002, 
the  TCB manager  said that  his  station had  a history  of 
compliance and asked for leniency.   TCB also sent the Field 
Office a fax with a similar statement and request.  However, 
the continuing nature of  TCB's overpower operation does not 
warrant   a  reduction   of   monetary  forfeiture.    Thus, 
considering  the entire  record and  applying the  statutory 
factors  listed above,  this case  warrants a  forfeiture of 

                      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 TCB  is hereby NOTIFIED of this APPARENT 
LIABILITY FOR  A FORFEITURE in  the amount of  four thousand 
dollars  for  willful  and  repeated  violation  of  Section 
73.1745(a) of the Rules by failing to reduce power at sunset 
and by failing to limit power before sunrise.

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

     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 SW,  Washington DC  20554, Attn:  Enforcement Bureau-
Technical  & Public  Safety  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.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  Tri-County Broadcasting,  Inc., WBRG, 
POB 1079, Lynchburg, VA, 24505.   


                         Joseph P. Husnay
                         Resident  Agent,   Norfolk  Office, 
Enforcement BureauTri-County Broadcasting Inc
WBRG   POB 1079
Lynchburg VA  24505

Tri-County Broadcasting Inc
WBRG   POB 1079
Lynchburg VA  24505

Tri-County Broadcasting Inc
WBRG   POB 1079
Lynchburg VA  24505

1 47 C.F.R.  73.1745(a).

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.