Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                          
                                                                        
     In the Matter of                        )                          
                                                                        
     Star Power Communications Corporation   )       EB-07-AT-177       
                                                                        
     Licensee of Radio Station WIQR(AM)      )   NAL No.: 200832480001  
                                                                        
     Prattville, AL                          )      FRN: 0009886755     
                                                                        
     Facility ID: 8544                       )                          
                                                                        
                                             )                          


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: November 5, 2007

   By the District Director, Atlanta Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Star Power Communications Corporation ("Star Power"), licensee of
       station WIQR(AM), in Prattville, Alabama, apparently willfully and
       repeatedly violated Sections 11.35(a), 73.3526, and 73.49  of the
       Commission's Rules ("Rules") by failing to maintain operational
       Emergency Alert System ("EAS") equipment, failing to maintain and make
       available a complete public inspection file, and failing to maintain
       an effective locked enclosure around the base of one of the station
       towers. We conclude, pursuant to Section 503(b) of the Communications
       Act of 1934, as amended ("Act"), that Star Power is apparently liable
       for a forfeiture in the amount of nineteen  thousand dollars
       ($19,000).

   II. BACKGROUND

    2. On August 30, 2007, agents of the Commission's Atlanta Office of the
       Enforcement Bureau ("Atlanta Office") conducted an inspection of the
       AM directional station, WIQR, in Prattville, Alabama during normal
       business hours with the station's general manager. The agents found
       that the station's EAS encoder/decoder unit was not operational,
       because it was unplugged from a power source. The station's general
       manager was unaware that the EAS unit was unplugged and stated that
       the station's engineer must have unplugged it when he was last there.
       When plugged back in, no one at the station was able to send an EAS
       test from the unit. The agents were unable to retrieve any
       electronically stored data from the unit. The station also had no EAS
       logs, and the last EAS printout was an alert from the National Weather
       Service dated May 2, 2007.

    3. During the inspection, the agents requested to inspect the station's
       public inspection file. The station provided a public inspection file
       that did not contain any quarterly issues programs lists for any
       quarter. The general manager and office manager stated that they were
       unaware of this requirement and admitted that the station had not been
       compiling quarterly issues programs lists.

    4. Finally, the agents observed one of the walls of the plastic fence
       surrounding one of the station's towers lying on the ground, allowing
       ready access to the base of the tower. The agents observed that tall
       grass had grown up through the downed portion of the fence. This tower
       had radio frequency potential at the base. The general manager stated
       that he was going to replace the plastic fence with a wooden fence but
       that he hadn't had chance to do it.

    5. On October 19, 2007, the station's engineer contacted an agent from
       the Atlanta Office and provided additional information. He stated that
       he had not visited the station in several months. He also stated that
       the plastic fence around the tower was installed in 2004 or 2005.

   III. DISCUSSION

    6. 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) of the Act 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.

    7. Section 11.35(a) of the Rules states that "EAS participants are
       responsible for ensuring that EAS Encoders, EAS Decoders and Attention
       Signal generating and receiving equipment used as part of the EAS are
       installed so that the monitoring transmitting functions are available
       during the times the stations and systems are in operation." On August
       30, 2007, station WIQR's EAS encoder/decoder was not operational,
       because it was unplugged from the power source. The station's general
       manager stated that the station's engineer must have unplugged it. The
       engineer later stated that he had not visited the station in several
       months. Once plugged in, no one at the station could demonstrate that
       the unit was operational, and there was no evidence that an EAS test
       had been received or sent since May 2, 2007.

    8. 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(c)(1) of the Rules states that the file
       shall be available for public inspection at any time during regular
       business hours. Section 73.3526(e)(12) of the Rules requires licensees
       to place in the public inspection file, for each calendar quarter, a
       list of programs that have provided the station's most significant
       treatment of community issues during the preceding three month period.
       This list is known as the radio issues/programs list. On August 30,
       2007, in response to a request to inspect the station's public
       inspection file during normal business hours, the station was unable
       to make available any quarterly issues/programs lists. The station's
       general manager and office manager stated that they did not know the
       lists were required and admitted that they had not compiled the lists.

    9. Section 73.49 of the Rules states that  "Antenna towers having radio
       frequency potential at the base...must be enclosed within effective
       locked fences or other enclosures." On August 30, 2007, one side of
       the plastic fencing around one of the station's towers was lying on
       the ground, allowing ready access to the base of the tower. Agents
       observed tall grass growing through the downed portion of the fence,
       thereby demonstrating that the fence had been down for more than one
       day. This tower was energized during operating hours. The station's
       general manager was aware that temporary plastic fencing surrounded
       one of its towers and intended to replace it. However, according to
       the station's engineer, the plastic fencing had been in place for more
       than two years.

   10. Based on the evidence before us, we find that Star Power  apparently
       willfully and  repeatedly violated Sections 11.35(a), 73.3526, and
       73.49 of the Rules by failing to maintain an operational EAS unit,
       failing to maintain a complete public inspection file, and failing to
       maintain an effective locked enclosure around the energized base of
       one of the station's towers. We find that Star Power also apparently
       willfully violated Section 73.3526 of the Rules by failing to make
       available a complete public inspection file.

   11. 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 failing to maintain an operational EAS
       system is $8,000; violation of the public inspection file rule is
       $10,000; and failing to maintain an effective tower enclosure at the
       base of the tower is $7,000. However, because station WIQR's public
       inspection file contained a portion of the required items, a downward
       adjustment of the base forfeiture amount for this violation to $4,000
       is warranted. In assessing the monetary forfeiture amount, we must
       also take into account the statutory factors set forth in Section
       503(b)(2)(E) 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 of the Rules,
       and the statutory factors to the instant case, we conclude that Star
       Power is apparently liable for a $19,000 forfeiture.

   IV. ORDERING CLAUSES

   12. 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, Star Power Communications
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of nineteen thousand dollars ($19,000) for
       violations of Sections 11.35(a), 73.3526 and 73.49 of the Rules.

   13. 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, Star Power Communications
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   14. 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.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Atlanta Office,
       3575 Koger Blvd., Suite 320, Duluth, Georgia, 30096 and must include
       the NAL/Acct. No. referenced in the caption.

   16. 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.

   17. 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. 20554.8

   18. 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 Star Power Communications Corporation
       at  its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas G. Miller

   District Director

   Atlanta Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a), 73.3526(e)(12), 73.49.

   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: 73.3526(a)(2).

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

   47 C.F.R. S: 73.3526(e)(12).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35(a),
   73.3526, 73.49.

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission