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                                                        
                                             )                               
     Mapleton License of Medford, LLC                                        
                                             )   File Number: EB-08-PO-0198  
     Licensee of FM Broadcast Station                                        
     KTMT-FM                                 )   NAL/Acct. No. 200932920001  
                                                                             
     Medford, Oregon                         )        FRN: 0005023445        
                                                                             
     Facility ID # 60313                     )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 22, 2008

   By the Resident Agent, Portland  Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

   1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
   that Mapleton License of Medford, LLC ("Mapleton"), licensee of FM
   Broadcast station KTMT-FM, in Medford, Oregon, apparently willfully and
   repeatedly violated Section  1.1310 of the Commission's Rules ("Rules") by
   failing to comply with radio frequency radiation ("RFR") maximum
   permissible exposure limits applicable to facilities, operations, or
   transmitters. We conclude, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended ("Act"), that Mapleton is
   apparently liable for a forfeiture in the amount of ten thousand dollars
   ($10,000).

   II. BACKGROUND

   2.  The RFR Rules. Section 1.1310 of the Rules defines the maximum
   permissible exposure ("MPE") limits for electric and magnetic field
   strength and power density for transmitters operating on towers at
   frequencies from 300 kHz to 100 GHz. These MPE limits include limits for
   "occupational/controlled" exposure and limits for "general
   population/uncontrolled" exposure. The occupational exposure limits apply
   in situations in which persons are exposed as a consequence of their
   employment provided those persons are fully aware of the potential for
   exposure and can exercise control over their exposure. The limits of
   occupational exposure also apply in situations where an individual is
   transient through a location where the occupational limits apply, provided
   that he or she is made aware of the potential for exposure. The more
   stringent general population or public exposure limits apply in situations
   in which the general public may be exposed, or in which persons that are
   exposed as a consequence of their employment may not be fully aware of the
   potential for exposure or cannot exercise control over their exposure.
   Licensees can demonstrate compliance by restricting public access to areas
   where RFR exceeds the public MPE limits.

   3.  The MPE limits specified in Table 1 of Section 1.1310 are used to
   evaluate the environmental impact of human exposure to RFR and apply to
   "...all facilities, operations and transmitters regulated by the
   Commission."  Table 1 provides that the general population RFR maximum
   permissible exposure limit for a station operating in the frequency range
   of 30 MHz to 300 MHz is 0.200 mW/cm2.  Broadcast stations that filed
   applications after October 15, 1997, for an initial construction permit,
   license, renewal or modification of an existing license were required to
   demonstrate compliance with the new RFR MPE limits, or to file an
   Environmental Assessment and undergo environmental review by Commission
   staff. In addition, all existing licensees were required to come into
   compliance with the new RFR MPE limits by September 1, 2000, or to file an
   Environmental Assessment.

   4.  KTMT-FM Renewal Application.  In its most recent application for
   renewal of the KTMT-FM license, in Section III, Question 6, titled
   "Environmental Effects,"  Mapleton  was unable to certify that KTMT-FM
   complied with the maximum permissible radio frequency electromagnetic
   exposure limits for controlled and uncontrolled environments and  included
   an  exhibit  to explain why it  did not comply with the RFR levels at and
   around the KTMT-FM transmitter site. In Exhibit  13, Mapleton stated:

   Mapleton Communications, L.L.C. cannot at this time certify that KTMT-FM
   complies with the maximum permissible radiofrequency exposure limits for
   controlled and uncontrolled environments.  In preparation for the license
   renewal application, Mapleton engaged a consulting engineering firm to
   evaluate KTMT-FM's compliance with radiofrequency exposure limits. The
   engineer visited the tower site of KTMT-FM and discovered a single, small
   area of concern.   Mapleton continues to work with the site owner to
   rectify the situation, and it anticipates that all required work will be
   completed shortly.  Mapleton will amend this application at that time to
   report the resolution of this issue." 

   A review of Commission databases did not reveal the submission of that
   amendment.

   5. The KTMT-FM Inspection.   The KTMT-FM transmitter site is located near
   the top of Mount Ashland, Oregon.   KTMT-FM is licensed to operate at 31
   kW ERP with Beam Tilt. The KTMT-FM antenna system is a four bay model
   Shively 6810-4-XXLR, circularly polarized, omni-directional, and
   side-mounted in the middle of a  guyed tower owned by Freedom Broadcasting
   of Oregon Licensee, LCC ("Freedom Broadcasting"), licensee of television
   stations KTVL and KTVL-DT, serving Medford, Oregon.  The center radiation
   of KTMT-FM's antenna is approximately 24 meters above ground level.  At
   the time of the investigation, there were three broadcast stations
   operating on the guyed tower: KTVL (Channel 10); KTVL-DT (Channel 35); and
   KTMT-FM (93.7 MHz).   Although vehicular access to the transmitter site is
   restricted by means of a locked, single strand of chain link  across the
   road with a single RF warning sign, pedestrian access is not restricted,
   as there is no fence attached to the chain link gate. There is also no
   fence or barrier restricting pedestrian access to the transmitter site or
   the transmitter building. Five RF radiation signs are posted: two caution
   signs on the front of the building, two caution signs in the back of the
   building, and one warning sign on the tower itself.

   6. Approximately 230 meters to the east side of the guyed KTMT-FM
   transmitter tower  is the Mount Ashland Ski Lift Area.  According to a
   written statement provided by the Ashland Ranger Station of the United
   States Forest Service ("USFS"), during the winter months from December to
   April, there are about 90,000 skiers visiting the site each year and
   approximately twenty percent of those skiers head west towards the KTMT-FM
   transmitter site to access a bowl ski area. During the summer months, the
   USFS estimates about 56,000 people visit Mount Ashland, with a significant
   percentage also venturing towards the transmitter site. While the USFS was
   unable to estimate the number of people who actually approach the tower on
   the transmitter site, the USFS does state categorically that "Mt. Ashland
   is not remote."

   7.  On October 22, 2008, at approximately 10:00 a.m. PDT, in response to a
   complaint from the USFS concerning high RFR levels at the KTMT-FM
   transmitter site, a Portland agent conducted an inspection at the KTMT-FM
   transmitter site accompanied by two USFS representatives.  The agent
   employed a personal RF monitor to identify and mark two areas  of concern,
   exhibiting  high levels of RFR  near the antenna site.   The first area of
   concern measured approximately 22 feet by 24 feet surrounding  the anchor
   of the north guy wire of the KTMT-FM transmitter tower, approximately 80
   feet from the base of the tower. The second area of concern measured
   approximately 17 feet by 23 feet, near the power transformer on the south
   side of the transmitters building, approximately 27 feet east from the
   base of the antenna tower. The agent then employed a spatial averaging
   measurement technique, using a calibrated RFR meter and probe, where
   measurements in four quadrants are averaged to give a representative
   reading for each location. In the first area of concern, the agent
   determined that the RFR levels  exceeded the public MPE limits, with a RFR
   power density measurement of 1.3 mW/cm2 (650% of the public MPE limits).  
   In the second area of concern, the agent determined that RFR levels
   exceeded the public MPE limits, with a RFR power density measurement of
   0.72 mW/cm2 (360% of the public MPE limits).  The Portland agent observed
   no warning signs at or around either area of concern alerting the public
   to the excessive RFR levels in each area. 

   8. On October 23, 2008, the Portland agent conducted a follow-up
   inspection with the chief engineer representing Mapleton and the two chief
   engineers representing Freedom Broadcasting at the transmitter site. The
   agent again employed a personal RF monitor to identify the same two areas
   of concern, as determined the day before. Again, the Portland agent
   observed no warning signs at or around either area of concern alerting the
   public to the excessive RFR levels in each area of concern. With all three
   stations transmitting, the agent took readings from the transmitters'
   meters and determined the total power output for each station.  The agent
   then made RFR measurements to establish an overall power density level in
   the two areas of concern. The agent employed a spatial averaging
   measurement technique, using a calibrated RFR meter and probe, where
   measurements in four quadrants are averaged to give a representative
   reading for each location.  In the first area of concern, measuring
   approximately 22 feet by 24 feet, surrounding the anchor of the north guy
   wire of the KTMT-FM transmitter tower, approximately 80 feet from the base
   of the tower, the overall power density level measured 1.3 mW/cm2 (650% of
   the public MPE limits).  In the second area of concern, measuring
   approximately 17 feet by 23 feet, near the power transformer on the south
   side of the transmitters building, approximately 27 feet east from the
   base of the antenna tower, the overall power density level measured  0.72
   mW/cm2 (360% of the public MPE limits). In coordination with all three
   stations, the agent then requested that each station temporarily and
   sequentially power off the transmitter.  The agent made spatially averaged
   RFR power density measurements while each of the transmitters  were 
   powered off in turn, to determine the power density level produced by each
   transmitter and to determine which transmitters were producing power
   density levels that exceeded 5% of its individual MPE limits at the
   identified areas. 

   9. The measurements taken by the Portland agent on October 23, 2008,
   indicated that RFR levels in both areas of concern, described above, 
   significantly exceeded the Commission's MPE limits for the general public.
   Based on the measurements and further calculations, the power density
   level contributed by KTMT-FM was 1.29 mW/cm2  (645%  of the public MPE
   limits) in the first area of concern, and 0.71 mW/cm2 (355%  of the public
   MPE limits)  in the second area of concern. The Portland agent issued an
   oral warning to the KTMT-FM chief engineer for violation the Commission's
   RFR Rules. 

   10. Still on October 23, 2008, Freedom Broadcasting's chief engineers
   advised the Portland  agent that Freedom Broadcasting had  retained a
   professional electrical engineer in Portland, Oregon to perform RFR
   measurements at the transmitter site on October 15, 2008. On November 7,
   2008, the Portland agent received an Engineering Report  from the
   referenced professional electrical engineer retained by Freedom
   Broadcasting.  In the Freedom Broadcasting RFR Report, the engineer stated
   that on October 15, 2008, he had made "measurements of the existing levels
   of radio frequency power densities at outside locations surrounding the
   KTVL (CH10) transmitter building and tower located on Mt. Ashland in
   southern Oregon," found RFR levels that exceeded the FCC public MPE
   limits, and concluded that "the primary contributing source of the
   excessive RF radiation levels in the uncontrolled public access areas are
   emissions from the KTMT-FM four element antenna."

   III. DISCUSSION

   11. 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. 

   12. Section 1.1310 of the Rules requires licensees to comply with RFR
   exposure limits. Table 1 in Section 1.1310 of the Rules provides that the
   general population RFR maximum permissible exposure limit for a station
   operating in the frequency range of 30 MHz to 300 MHz is 0.200 mW/cm2. The
   general population or public exposure limits apply in situations in which
   the general public may be exposed, or in which persons that are exposed as
   a consequence of their employment may not be fully aware of the potential
   for exposure or cannot exercise control over their exposure.  Licensees
   can demonstrate compliance by restricting public access to areas where RFR
   exceeds the public MPE limits.

   13. The inspections conducted by the Portland agent on October 22 and 23,
   2008, revealed two publicly accessible areas that exceeded the public RFR
   MPE limit; that KTMT-FM was the sole contributor of more than 5% of the
   RFR exceeding the public MPE limits; and that Mapleton did not restrict
   access to the areas of concern where RFR levels exceeded the public RFR
   MPE limits. Although vehicular access to the KTMT-FM transmitter site is
   restricted by means of a single strand chain link locked gate and a RF
   warning sign, pedestrian access is relatively unrestricted. The public
   Mount Ashland Ski Lift Area is approximately 230 meters on the east side
   of the KTMT-FM transmitter site. In addition, the USFS has stated that the
   KTMT-FM transmitter site is not a remote area. The USFS estimates that
   tens of thousands of people visit the Mount Ashland site during the summer
   and winter, with some percentage venturing towards the KTMT-FM transmitter
   site. Mapleton bears the responsibility to restrict access to those
   noncompliant areas that exceed the RFR limits or to modify the facility
   and operation so as to bring the station's operation within the RFR
   exposure limits prior to public or worker access to the impacted area.
   Although the Portland agent observed four RFR caution signs on the KTMT-FM
   transmitter building, and one warning sign on the KTMT-FM transmitter
   tower, the agent observed no signs warning the public of the excessive RFR
   levels in the easily accessible areas of concern, in which RFR levels
   ranged between 350 and 650% of the public MPE limits. As the Commission
   has stated in the past, "when a licensee decides to depend on RFR warning
   signs rather than physical barriers to ensure that members of the public
   do not access areas of RFR in excess of the MPE public limits, the burden
   is on the licensee to ensure that the RFR warning signs are plainly
   visible to the public from every possible direction that the public may
   access the area of concern. The burden is not on the public to attempt to
   find RFR warning signs."

   14. We find that Mapleton's operation of KMKT-FM exceeded the public RFR
   MPE limits in publicly accessible areas and, given the statements made by
   Mapleton in Exhibit 13 of its most recent renewal application, that
   Mapleton was aware of the high levels of RFR at the KTMT-FM transmitter
   site since September 30, 2005, but did not take any corrective actions to
   bring the site into compliance, or to restrict public access to the site.
   Therefore, we find that Mapleton's violation was willful. The violation
   occurred on more than one day, therefore, it was repeated. Based on the
   evidence before us, we find that Mapleton apparently willfully and
   repeatedly violated Section 1.1310 of the Rules by exceeding the public
   RFR MPE limits in areas accessible by the public, and by failing to
   adequately take measures to prevent access to areas that exceeded the RFR
   exposure limits.

   15. The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80(b) of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
   Policy Statement") does not specify a base forfeiture for violation of the
   RFR maximum permissible exposure limits in Section 1.1310. However, the
   Commission has determined that an appropriate base forfeiture amount for
   violation of the RFR MPE limits is $10,000, reflecting the public safety
   nature of the RFR rules. 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, and the statutory factors to the instant case, we
   conclude that Mapleton is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   16. 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, Mapleton License of Medford, LLC  is
   hereby NOTIFIED of this APPARENT LIABILITY FOR  A FORFEITURE in the amount
   of ten thousand dollars ($10,000) for violations of Section 1.1310 of the
   Rules.

   17. 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, Mapleton  License of Medford, LLC
   SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
   written statement seeking reduction or cancellation of the proposed
   forfeiture.

   18. 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 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.   Mapleton License of
   Medford, LLC, shall also send electronic notification on the date said
   payment is made to WR-Response@fcc.gov.

   19. The response, if any, must be mailed to Federal Communications
   Commission, Enforcement Bureau, Western Region, Portland Resident Agent
   Office, P.O. Box 61469, Vancouver, Washington 98666-1469 and must include
   the NAL/Acct. No. referenced in the caption. An electronic copy shall be
   sent to WR-Response@fcc.gov.

   20. 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.

   21. 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 Mapleton License of Medford, LLC.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office 

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.1310. See also Guidelines for Evaluating the Environmental
   Effects of Radiofrequency Radiation, Report and Order, ET Docket No.
   93-62, 11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum
   Opinion and Order, 11 FCC Rcd 17512 (1996), recon. granted in part, Second
   Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd
   13494 (1997) ("Guidelines").

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

   See 47 C.F.R. S: 1.1310, Table 1. The MPE limits are generally based on
   recommended exposure guidelines published by the National Council on
   Radiation Protection and Measurements ("NCRP") in "Biological Effects and
   Exposure Criteria for Radiofrequency Electromagnetic Fields," NCRP Report
   No. 86, Sections 17.4.1, 17.4.1.1., 17.4.2, and 17.4.3 (1986). In the
   frequency range from 100 MHz to 1500 MHz, the MPE limits are also
   generally based on guidelines contained in the RF safety standard
   developed by the Institute of Electrical and Electronics Engineers, Inc.
   ("IEEE") and adopted by the American National Standards Institute ("ANSI")
   in Section 4.1 of "IEEE Standard for Safety Levels with Respect to Human
   Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,"
   ANSI/IEEE C95.1-1992 (1992).

   47 C.F.R. S: 1.1310, Note 1 to Table 1.

   47 C.F.R. S: 1.1310, Note 2 to Table 1.

   See, for example, OET Bulletin 65.

   See 47 C.F.R. S:S: 1.1307(b), 1.1307(b)(1), 1.1310.

   47 C.F.R. S: 1.1310.

   Guidelines, Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13538;

   47 C.F.R. S: 1.1307(b).

   Guidelines, Second Memorandum Opinion and Order and Notice of Proposed
   Rulemaking, 12 FCC Rcd at 13540; 47 C.F.R. S: 1.1307(b)(5). See also,
   Public Notice, Year 2000 Deadline for Compliance with Commission's
   Regulations Regarding Human Exposure to Radiofrequency Emissions (released
   Feb. 25, 2000); Public Notice, Erratum to February 25, 2000 Public Notice,
   15 FCC Rcd 13600 (released April 27, 2000); Public Notice, Reminder of
   September 1, 2000, Deadline for Compliance with Regulations for Human
   Exposure to Radiofrequency Emissions, 15 FCC Rcd 18900 (released Aug. 24,
   2000).

   File No. BRH-20050930AWU, Application for Renewal of Broadcast Station
   License, Exhibit 13, September 30, 2005 ("Exhibit 13").

   Exhibit  13.

   The personal RF monitor LED lit continually throughout this area, and the
   unit emitted an audible warning, indicating the RFR in the area likely
   exceeded the public RFR MPE.

   The agent determined the following effective radiated power ("ERP") for
   each of the stations at the site: KTMT-FM = 31.62 kW ERP; KTVL (CH 10) =
   132 kW ERP; and KTVL-DT (CH 35) = 1.25 kW ERP.

   Section 1.1307(b)(3) of the Rules states: "In general, when the guidelines
   specified in S: 1.1310 are exceeded in an accessible area due to the
   emissions from multiple fixed transmitters, actions necessary to bring the
   area into compliance are shared responsibility of all licensees whose
   transmitters produce, at the area in question, power density levels that
   exceed 5% of the power density exposure limit applicable to their
   particular transmitter..." 47 C.F.R. S: 1.1307(b)(3).

   47 C.F.R. S:S: 1.1307(b)(3), 1.1310.

   McClanathan and Associates, Inc.'s Engineering Report for Freedom
   Broadcasting of Oregon Licensee, LLC concerning Radio Frequency Field
   Strength and Power Density Measurements at KTVL-TV near Medford, Oregon,
   October 15, 2008 ("Freedom Broadcasting RFR Report").

   Freedom Broadcasting RFR Report.

   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: 1.1310.

   47 C.F.R. S: 1.1310. See Entravision Holdings, LLC, 22 FCC Rcd 21718 (EB
   2007).

   See, for example, OET Bulletin 65.

   47 C.F.R. S:S: 1.1307(b)(1), 1.1307(b)(5), 1.1310. Additional guidance is
   provided in OET Bulletin 65.

   Americom Las Vegas Limited Partnership, 21 FCC Rcd 14286, 14290 (2006).

   47 C.F.R. 1.1310.

   Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules
   to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon
   denied, 15 FCC Rcd 303 (1999).

   The fact that the Forfeiture Policy Statement does not specify a base
   amount does not indicate that no forfeiture should be imposed. The
   Forfeiture Policy Statement states that "... any omission of a specific
   rule violation from the ... [forfeiture guidelines] ... should not signal
   that the Commission considers any unlisted violation as nonexistent or
   unimportant. Forfeiture Policy Statement, 12 FCC Rcd at 17099. The
   Commission retains the discretion, moreover, to depart from the Forfeiture
   Policy Statement and issue forfeitures  on a case-by-case basis, under its
   general forfeiture authority contained in Section 503 of the Act. Id.

   A-O Broadcasting Corporation, 17 FCC Rcd 24184 (2002).

   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, 1.1310.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

   4

   Federal Communications Commission