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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                               
                                                                      
     In the Matter of                 )                               
                                                                      
     West Helena Broadcasters, Inc.   )   File Number: EB-07-OR-096   
                                                                      
     Licensee of KCLT-FM              )   NAL/Acct. No. 200832620002  
                                                                      
     West Helena, Arkansas            )   FRN: 0010279719             
                                                                      
     Facility ID # 71608              )                               
                                                                      
                                      )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 14, 2007

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that West Helena Broadcasters, Inc. ("Broadcasters, Inc."), licensee
       of station KCLT-FM, in West Helena, Arkansas, apparently willfully and
       repeatedly violated Sections 11.35 and 73.3526 of the Commission's
       Rules ("Rules") by failing to have an operational Emergency Alert
       System ("EAS") and failing to maintain and make available a complete
       public inspection file. We conclude, pursuant to Section 503(b) of the
       Act, that Broadcasters, Inc. is apparently liable for a forfeiture in
       the amount of eighteen  thousand dollars ($18,000).

   II. BACKGROUND

    2. On August 22, 2007, in response to a complaint, an agent from the
       Commission's New Orleans Office of the Enforcement Bureau ("New
       Orleans Office") inspected station KCLT-FM's main studio in West
       Helena, Arkansas accompanied by the station's general manager. During
       the inspection, the EAS unit was set in manual mode, and the DJ who
       was responsible for running EAS tests was not present. The general
       manager was unable to run an EAS test to verify the EAS equipment was
       operational. All logs and printouts for the EAS, provided by the
       general manager the day of the inspection, were over a year old. The
       general manager could provide no evidence that the EAS had been
       operational after June 2006. In response to a request made during
       normal business hours, the general manager was only able to produce an
       old contour map and the most recent ownership report.

    3. On August 23, 2007, an agent from the New Orleans Office monitored
       station KCLT-FM from 8:20 - 9:00 A.M. C.D.T. During this time, the
       agent did not hear an EAS test broadcast by the station. After
       arriving at the main studio at 9:00 A.M. C.D.T., the general manager
       stated that the station conducted an EAS test at 8:30 A.M. C.D.T. and
       was unable to run another test because he hit a button preventing
       activation of the EAS. At 9:10 A.M., the general manager provided the
       printout for the test run earlier that morning. The time on the
       printout was listed as 9:30 A.M., but the general manager stated the
       time was an hour off. The agent also asked to inspect the station's
       public inspection file. The general manager was able to produce a copy
       of the current station authorization, the old contour map and the
       ownership report, but he had been unable to locate any other documents
       from the station's public inspection file.

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

    5. Section 11.35 of the Rules requires all broadcast stations to ensure
       that EAS encoders, EAS decoders and Attention Signal generating and
       receiving equipment is installed and operational so that the
       monitoring and transmitting functions are available during the times
       the station is in operation. Broadcast stations must also determine
       the cause of any failure to receive required monthly and weekly EAS
       tests, and must indicate in the station's log why any required tests
       were not received and when defective equipment is removed and restored
       to service. On August 22, 2007, station KCLT-FM was unable to run an
       EAS test. The most recent EAS printout for the station was dated June
       2006, and the station had no evidence that its EAS was operational
       after June 2006. On August 23, 2007, station KCLT-FM transmitted an
       EAS test but the test was not broadcast over the air.

    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(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) of the Rules specifies the material
       to be retained in the public inspection file. On August 22 and 23,
       2007, in response to requests made during regular business hours,
       station KCLT-FM's general manager was unable to locate or make
       available a complete public inspection file. He was only able to
       locate an old contour map, an ownership report, and the current
       station authorization.

    7. Based on the evidence before us, we find that Broadcasters, Inc.
       apparently willfully and repeatedly violated Sections 11.35 and
       73.3526 of the Rules by failing to have operational EAS and failing to
       maintain or 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 failing to have an operational Emergency
       Alert System is $8,000, and the base forfeiture amount for failing to
       make available a complete public inspection file 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)(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 Broadcasters, Inc. 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, West Helena Broadcasters,
       Inc.  is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of eighteen  thousand dollars ($18,000) for violations
       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, West Helena Broadcasters,
       Inc. 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, South Central Region, New Orleans
       Office, 2424 Edenborn Avenue, Suite 460, Metairie, Louisiana, 70001
       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. 20554.8

   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 West Helena Broadcasters, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Leroy Hall

   District Director

   New Orleans Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 11.35, 73.3526 and 74.6.

   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: 11.35(a) and (b).

   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).

   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,
   73.3526.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission