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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
                                                             
     In the Matter of        )                               
                                                             
     Michael H. Glass        )   File Number: EB-07-OR-140   
                                                             
     Licensee of WMER-AM     )   NAL/Acct. No. 200832620004  
                                                             
     Meridian, Mississippi   )   FRN: 0003779345             
                                                             
     Facility ID # 48542     )                               
                                                             
                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: March 6, 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 Michael H. Glass, licensee of station WMER-AM, in Meridian,
       Mississippi, apparently willfully and repeatedly violated Sections
       11.35 and 73.1745(a) of the Commission's Rules ("Rules") and Section
       301 of the Communications Act of 1934, as amended ("Act") by failing
       to have an operational Emergency Alert System ("EAS"), failing to
       operate within authorized power limitations and failing to have a
       license for the station's Studio to Transmitter Link ("STL"). We
       conclude, pursuant to Section 503(b) of the Act, that Mr. Glass is
       apparently liable for a forfeiture in the amount of sixteen  thousand
       dollars ($16,000).

   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 WMER-AM. The complainant alleged station WMER-AM
       did not have an operational EAS, was running over power at night, and
       was operating an STL without a license. Station WMER-AM's license
       requires it to reduce its power at night to 0.101 kW of power. Sunset
       local time for the month of January is 5:15 P.M.

    3. On January 14, 2008, agents from the New Orleans Office monitored the
       field strength for station WMER-AM operating on 1390 kHz and observed
       a reduction in field strength at night. However, the observed
       reduction was not as much as required by the station's authorization.
       WMER-AM reduced power by approximately 58%, and they are required to
       reduce by 98%.

    4. On January 15, 2008, the agents took field strength measurements of
       the STL for WMER-AM operating on 948 MHz and determined that the
       radiated signals exceeded the limits for operation under Part 15 of
       the Commission's Rules ("Rules") and therefore required a license.
       Agents also  monitored the field strength for station WMER-AM on 1390
       kHz, and again observed a reduction at night. However, the observed
       reduction was not as much as required by the station's authorization.
       WMER-AM again reduced power by approximately 58 percent.

    5. On January 16, 2008, agents from the New Orleans Office, accompanied
       by the licensee, inspected station WMER-AM at the main studio in
       Meridian, Mississippi. During the inspection, Mr. Glass stated that
       the station had not conducted any EAS tests for at least one month. He
       tried to run an EAS test during the inspection but found the EAS
       equipment non-operational. He was unable to produce any evidence, EAS
       logs, or printouts to demonstrate that the EAS had been operational at
       any point during the past year. He also stated the printer for the EAS
       had been broken for a year. Inspection of the transmitter site
       revealed station WMER-AM was operating at 2.1 kW at night, instead of
       the required 0.101 kW. Mr. Glass confirmed that the station had been
       using the same STL since the station began operations, but was not
       able to provide a current license for the STL. The only license found
       expired June 1, 2004. A search of the FCC licensee database did not
       reveal a current license for the STL.

   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 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. During the inspection, station WMER-AM tried but failed to
       run an EAS test and could not demonstrate that its EAS was
       operational. There was also no evidence that the EAS equipment had
       been operational at any time during the past year.

    8. 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 WMER-AM is authorized to operate at 0.101 kW of power
       at night. On January 14 and 15, 2008, agents observed that station
       WMER-AM did not reduce its power to the required levels after sunset
       local time. The agents later confirmed that the transmitter was set to
       operate at 2.1kW at night.

    9. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. In particular, Section 301
       of the Act states that "[n]o person shall use or operate any apparatus
       for the transmission of energy or communications or signals by radio
       (a) from one place in any State, Territory, or possession of the
       United States or in the District of Columbia to another place in the
       same State, Territory, possession, or District; . . . except under and
       in accordance with this chapter and with a license in that behalf
       granted under the provisions of this chapter."   Section 74.6 of the
       Rules states applicants for and licensees of low power auxiliary
       stations authorized under subparts D, E, F, and H of this part are
       subject to the application and procedural rules for wireless
       telecommunications services contained in part 1, subpart F of this
       chapter. Section 1.903 located in part 1, subpart F, requires stations
       in the Wireless Radio Services to be used and operated with a valid
       authorization granted by the Commission. On January 15, 2008, agents
       from the New Orleans Office determined that station WMER-AM was using
       an STL on 948 MHz without a license. The owner for station WMER-AM
       admitted that the station had been using the same STL since it began
       operations. The owner was only able to produce a license for the STL
       that expired in 2004.

   10. Based on the evidence before us, we find that Mr. Glass apparently
       willfully and repeatedly violated Sections 11.35 and 73.1745(a) of the
       Rules and Section 301 of the Act by failing to have an operational
       EAS, failing to operate within authorized power limitations, and
       failing to have a license for the station's STL.

   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  have an operational Emergency
       Alert System is $8,000, the base forfeiture amount for failing to
       operate within authorized power limitations is $4,000 and the base
       forfeiture amount for operation without an instrument of authorization
       for the service 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. Given that the unauthorized operation of the STL in this case
       is not a violation on the same order as construction and operation
       with no color of authority, we believe a reduction in the base
       forfeiture amount is warranted and, therefore, conclude a forfeiture
       amount of $4,000 is appropriate for this offense.   Applying the
       Forfeiture Policy Statement, Section 1.80 of the Rules, and the
       statutory factors to the instant case, we conclude that Mr. Glass is
       apparently liable for a ($16,000) 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, Michael H. Glass is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       sixteen  thousand dollars ($16,000) for violations of Sections 11.35
       and 73.1745(a) of the Rules, and Section 301 of the Act.

   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, Michael H. Glass 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 Ave., Suite 460, Metairie, Louisiana, 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 Michael H. Glass  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: 11.35, 73.1745(a); 47 U.S.C. S: 301.

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

   Section 15.209 of the Rules provides that non-licensed broadcasting in the
   216-960 MHz band is permitted only if the field strength of the
   transmission does not exceed 200 mV/m at three meters. 47 C.F.R. S:
   15.209. On January 15, 2008, the measurements indicated that the signals
   were 4,044 times greater, than the maximum permissible level for a
   non-licensed Part 15 transmitter.

   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.

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

   47 U.S.C. S: 301.

   47 C.F.R. S: 74.6.

   Based on this admission, station WMER-AM used its STL more than 720 hours
   annually. See 47 C.F.R. S: 74.24(d).

   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).

   See Arnold Broadcasting Company, Inc., 19 FCC Rcd 14123, 14125 (EB 2004),
   aff'd 20 FCC Rcd 10617 (EB 2005).

   47 U.S.C. S: 503(b) 301, 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35,
   73.1745(a).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission