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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 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
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
power.
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
$4,000.
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 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
submitted.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
(1991).
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.