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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )                               
                                                  EB-06-NF-016  
     HRN Broadcasting, Inc      )                               
                                                NAL/Acct. No.   
     Licensee of Station WZGM   )                 200732640003  
                                                                
     Black Mountain, NC         )              FRN  0010020162  
                                                                
     Facility ID # 40654        )                               
                                                                
                                )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released  March 15, 2007

   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 HRN Broadcasting, Inc. ("HRN"), licensee of AM broadcast station
       WZGM in Black Mountain, North Carolina, apparently willfully and
       repeatedly violated Sections 73.1745(a) and 73.3526 of the
       Commission's Rules ("Rules") by operating with power other than as
       specified and made a part of its license and by failing to make
       available a public inspection file. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that HRN
       is apparently liable for a forfeiture in the amount of fourteen
       thousand dollars ($14,000).

   II. BACKGROUND

    2. In response to a complaint that HRN was not reducing its transmitting
       power during nighttime hours, on February 27 and 28, 2006, an agent of
       the Commission's Norfolk Office of the Enforcement Bureau ("Norfolk
       Office") made on-scene signal strength measurements of station WZGM's
       transmissions in Asheville, North Carolina. The measurements made
       during the daytime did not change from the measurements made after
       sunset, so HRN failed to reduce transmitter output power after sunset
       on both days. On March 1, 2006, the agent made signal strength
       measurements in the same locations as those made on February 27 and
       28, 2006. Immediately thereafter the agent, and the manager of station
       WZGM, went to the transmitter site and, using the "direct method" of
       calculating transmitter output power, determined that WZGM was
       transmitting with 8450 watts. By comparing the measured field
       strengths with the calculated transmitter output power, the agent
       demonstrated that HRN transmitted with over 8000 watts of power after
       sunset on February 27 and 28, 2006.

    3. In addition, on March 1, 2006, during normal business hours, the agent
       visited station WZGM's main studio location in Ashville, North
       Carolina and requested to inspect the station's public inspection
       file. The station was unable to produce a public inspection file or
       any of the file's contents. Station WZGM's manager admitted that the
       public inspection file was not at the station's main studio in
       Asheville, North Carolina, but was retained at HRN's home office in
       Lincolnton, North Carolina.

   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 there under, 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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 73.1745(a) of the Rules states that no broadcast station shall
       operate at times or with modes or power, other than those specified
       and made a part of the license, unless otherwise provided in this
       part. HRN's station license authorizes operation with 10,000 watts
       daytime, 77 to 42 watts, from 6:15 p.m. (sunset) to 8:15 p.m. post
       sunset (PSSA nighttime) and 56 watts nighttime, powers. On February 27
       and 28, 2006, station WZGM operated after sunset with over 8000 watts
       of power. Based on the information before us, we find that HRN
       willfully and repeatedly violated Section 73.1745(a) of the Rules by
       operating after sunset with more power than authorized.

    6. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection, a file containing materials listed in
       that section.  Section 73.3526(b) of the Rules states that the public
       inspection file shall be maintained at the main studio of the station.
       Section 73.3526(c)(1) of the Rules requires that the file shall be
       available for public inspection at any time during regular business
       hours.  During normal business hours on March 1, 2006, in response to
       a request to inspect the station's public inspection file, station
       WZGM was unable to make available a public inspection file or any of
       the required contents of the file. There was no evidence that the
       station had ever maintained a public inspection file at the main
       studio. The station manager admitted that the public inspection file
       had always been kept at HRN's home office in Lincolnton, North
       Carolina, 73 miles from the community of license. Based on the
       information before us, we find that HRN willfully and repeatedly
       violated Section 73.3526 of the Rules by failing to make available a
       public inspection file at the main studio location.

    7. 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 operating at times or modes or powers other
       than those specified and made part of the license is $4,000 and for
       violation of the public file rule is $10,000. 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 HRN is apparently liable for a $14,000
       forfeiture.

   IV. ORDERING CLAUSES

    8. 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, HRN Broadcasting, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of fourteen thousand dollars ($14,000) for violations of
       Sections 73.1745(a)  and 73.3526 of the Rules.

    9. 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, HRN Broadcasting, Inc.
       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 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Norfolk Office,
       1457 Mount Pleasant Road, Suite #113, Chesapeake, VA 23322 and must
       include the NAL/Acct. No. referenced in the caption.

   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. 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.

   14. 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 HRN Broadcasting, Inc.  at  its
       address  of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Luther Bolden

   Resident Agent

   Norfolk Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 73.1745(a) and 73.3526(c)(1).

   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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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."

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

   47 C.F.R. S 73.3526(a)(2).

   47 C.F.R. S 73.3526(b).

   47 C.F.R. S 73.3526(c)(1).

   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, 73.1745(a),
   73.3526.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission