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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                                
                                                                   
                                  )                                
     In the Matter of                                              
                                  )                                
     Ora Roberts Smallwood, III        File Number: EB-06-NF-048   
                                  )                                
     Licensee of WCRR (AM)            NAL/Acct. No.: 200732640001  
                                  )                                
     Rural Retreat, Virginia                        FRN:  8733727  
                                  )                                
     Facility ID No. 27190                                         
                                  )                                
                                                                   
                                  )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: October  20, 2006

   By the Resident Agent, Norfolk Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Ora Roberts Smallwood, III, the licensee of  AM  radio station
       WCRR in Rural Retreat, Virginia, apparently willfully violated
       Sections  11.35 and 73.3526 of the Commission's Rules ("Rules") by
       failing to maintain operational receiving equipment for required
       Emergency Alert System ("EAS") monitoring functions and by failing to
       make available a complete public inspection file.  We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Mr. Smallwood  is apparently liable for a
       forfeiture in the amount of eighteen  thousand dollars ($18,000).

   II. BACKGROUND

    2. On June 22, 2006,  an agent from the Commission's Norfolk Office of
       the Enforcement Bureau ("Norfolk Office") conducted a main studio
       inspection of radio station WCRR  in Rural Retreat, Virginia during
       normal business hours.   WCRR's station manager identified a portable
       receiver and a rack mounted receiver as the station's EAS Attention
       receiving equipment. The portable receiver was inoperative, but this
       fact or the date of the malfunction was not noted in any logs. The
       agent noticed that the station's rack mounted receiver was not
       connected to the AC outlet, but the receiver was still inoperative
       after reconnecting its power cord. Furthermore, there were no records
       to indicate that the station had ever received required Weekly or
       Monthly EAS Tests during the year 2006. Also, in response to a request
       to inspect the station's public inspection file, the station manager
       was unable to make the file or any of the documents required to be
       kept in the file available. The station manager stated that Mr.
       Smallwood probably knew the whereabouts of the file.

    3. On or about June 29, 2006, Mr. Smallwood left a voice message for the
       agent in the Norfolk Office. He did not deny any of the violations
       found at the station, did not provide an explanation of the
       whereabouts of the station's public file, and requested leniency in
       any possible enforcement actions.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly.

    5. Section 11.35(a) of the Rules states that Broadcast stations are
       responsible 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 the stations are in operation. On June 22,
       2006, neither of station WCRR's  EAS receivers were operative, so the
       station had no way to monitor or receive EAS messages. There were no
       records to indicate that the station had ever received required Weekly
       or Monthly EAS Tests  during the year 2006. There were also no records
       documenting when the EAS receivers became inoperative.

    6. Section 73.3526(a)(2) of the Rules states that  every licensee of an
       AM station in the commercial broadcast services shall maintain a
       public inspection file containing the material, relating to that
       station, described in paragraphs (e)(1) through (e)(10) and paragraph
       (e)(13) of this section. On June 22, 2006, in response to a request to
       inspect the public file during normal business hours, the station
       manager was unable to make the file or any of the documents required
       to be maintained in the file available. There was no evidence that the
       station maintained a public inspection file.

    7. Based on the evidence before us, we find that Mr. Smallwood
       apparently willfully violated Sections  11.35 and 73.3526  of the
       Rules by failing to maintain operational EAS equipment and by failing
       to make available a complete public inspection file.

    8. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of public inspection file
       requirements is $10,000 and the base forfeiture amount for violation
       of EAS equipment requirements 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 violations, and
       with respect to the violator, the degree of culpability, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require.  Applying the Forfeiture Policy Statement, Section 1.80,
       and the statutory factors to the instant case, we conclude that Mr.
       Smallwood is apparently liable for a  $18,000 forfeiture.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Ora Roberts Smallwood, III
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of  eighteen  thousand dollars ($18,000) for violation of
       Sections  11.35 and 73.3526  of the Rules.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Ora Roberts Smallwood,
       III SHALL PAY the full amount of the proposed forfeiture or SHALL FILE
       a written statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Norfolk Resident Agent Office, 1457
       Mount Pleasant Road., Suite 113, Chesapeake, Virginia 23322 and must
       include the NAL/Acct. No. referenced in the caption.

   13. 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.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to  Ora Roberts Smallwood, III,  at his
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Luther Bolden

   Resident Agent

   Norfolk Resident Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 11.35, 73.3526.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 11.35,
   73.3526.

   See 47 C.F.R. S 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission