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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                               
                                                                   
     In the Matter of              )                               
                                       File Number EB-07-OR-141    
     Frank Rackley, JR.            )                               
                                       NAL/Acct. No.               
     Licensee of Station WNBN-AM   )   200832620003                
                                                                   
     Meridian, MS                  )   FRN 0010301059              
                                                                   
     Facility ID # 22294           )                               
                                                                   
                                   )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: February 22, 2008

   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 Frank Rackley, Jr., licensee of station WNBN-AM, in Meridian,
       Mississippi, apparently willfully and repeatedly violated Sections
       73.1350(a) and 73.1745(a) of the Commission's Rules ("Rules") by
       operating from an unauthorized location and operating at a power level
       in excess of that authorized by his license. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Mr. Rackley is apparently liable for a forfeiture in the amount
       of eight  thousand dollars ($8,000).

   II. BACKGROUND

    2. On December 7, 2007, the Commission's New Orleans Office of the
       Enforcement Bureau ("New Orleans Office") received a complaint
       concerning station WNBN-AM. The complaint, among other things, alleged
       that station WNBN-AM was operating over power at night.

    3. On January 14, 2008, an agent from the New Orleans Office monitored
       station WNBN-AM's signal from 4:45 PM-CST until 6:00 PM-CST and did
       not observe any change in transmitter power. Station WNBN-AM's station
       authorization requires it to reduce power from 2.5kW to 330 watts at
       local sunset time. During the month of January, local sunset time was
       5:15 PM-CST.

    4. On January 15, 2008, an agent from the New Orleans Office again
       monitored station WNBN-AM's signal from 4:45 PM-CST until 8:45 PM-CST
       and did not observe any change in transmitter power.

    5. On January 16, 2008, agents from the New Orleans Office determined the
       station was broadcasting from coordinates N32DEG 22' 54" x W088DEG 40'
       12". The station is licensed to broadcast from coordinates N32DEG 21'
       42" x W088DEG 37' 26".

    6. On January 16, 2008, agents from the New Orleans Office, accompanied
       by Mr. Rackley, inspected the main studio of station WNBN-AM. Mr.
       Rackley stated the station operated at its full power of 2.5kW until
       it was manually signed off the air at 9:00 PM-CST. Mr. Rackley also
       stated that the station had transmitted from its present location for
       years. Mr. Rackley was familiar with the coordinates listed on his
       license and stated that he had originally planned to place the
       transmitter there but that the deal for that location fell through.

   III. DISCUSSION

    7. 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.

    8. Section 73.1350(a) of the Rules states each licensee is responsible
       for maintaining and operating its broadcast station in a manner which
       complies with the technical rules set forth elsewhere in this part and
       in accordance with the terms of the station authorization. On January
       16, 2008, agents from the New Orleans Office determined station
       WNBN-AM was broadcasting from coordinates N32DEG 22' 54" x W088DEG 40'
       12".   The station is licensed to broadcast from coordinates N32DEG
       21' 42" x W088DEG 37' 26". The licensee admitted transmitting from its
       current location for years.

    9. 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.  Station WNBN-AM is authorized to operate at 2.5kW during the
       day and is required to reduce power to 330 watts at local sunset time.
       On January 14 and 15, 2008, an agent from the New Orleans Office did
       not observe a reduction in power at local sunset time. During the
       inspection of January 16, 2008, the licensee of WNBN-AM confirmed the
       station did not reduce power at local sunset time but, rather,
       operated at full power of 2.5kW until it was manually signed off the
       air at 9:00 PM-CST.

   10. Based on the evidence before us, we find that Mr. Rackley  apparently
       willfully and repeatedly violated Sections 73.1350(a) and 73.1745(a)
       of the Rules by failing to broadcast from its authorized location and
       operating at a power level in excess of that authorized by its
       license.

   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 construction or operation at unauthorized
       locations is $4,000 and the base forfeiture amount for exceeding power
       limits 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)(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 Mr.
       Rackley  is apparently liable for a  ($8,000) 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, Frank Rackley, JR. is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       eight  thousand dollars ($8,000) for violations of Sections 73.1350(a)
       and 73.1745(a) 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, Frank Rackley, JR. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, New Orleans
       Office, 2424 Edenborn, Suite 460, Metairie, LA 70001 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. 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 Frank Rackley, JR., at  his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Leroy Hall

   District Director

   New Orleans Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.1350(a), 73.1745(a).

   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: 73.1350(a).

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

   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, 73.1350(a),
   73.1745(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission