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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                               
     In the Matter of                                            
                                 )                               
     Rodgson, Inc.                                               
                                 )       File No. EB-09-AT-0038  
     Licensee of Radio Station                                   
                                 )   NAL/Acct. No. 201032480002  
     WSDQ (AM)                                                   
                                 )               FRN 0007676935  
     Dunlap, TN                                                  
                                 )                               
     Facility ID #67280                                          
                                 )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: January 11, 2010

   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 Rodgson, Inc. ("Rodgson"), licensee of station WSDQ(AM), in
       Dunlap, Tennessee, apparently willfully and repeatedly  violated
       Sections 11.35(a), 73.49, and 73.3526 of the Commission's Rules
       ("Rules") by failing to maintain an operational emergency alert system
       ("EAS"), failing to enclose the base of an AM tower within an
       effective locked fence, and failing to maintain and make available a
       public inspection file. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Rodgson is
       apparently liable for forfeiture in the amount of twenty-five thousand
       dollars ($25,000).

   II. BACKGROUND

    2. On August 19, 2009, agents of the Commission's Atlanta Office of the
       Enforcement Bureau ("Atlanta Office"), accompanied by the station's
       general manager and other station staff, inspected the main studio of
       radio station WSDQ(AM). Neither the station staff nor the general
       manager knew how to send an EAS test, and there were no EAS logs to
       confirm recent EAS functionality. The agents found that the EAS
       receivers were not receiving audio from any monitoring assignment. The
       general manager and station staff admitted that the EAS had not worked
       for at least a year.

   3. Still on August 19, 2009, the agents asked to inspect the station's
   public inspection file and were told by the station staff and general
   manager that there was no file and that there had never been a file.
   Nobody at the station was familiar with the public inspection file
   requirements, and no one could produce any of the documents required to be
   in the public inspection file.

   4. Still on August 19, 2009, the agents, accompanied by the general
   manager, inspected the station's antenna tower fence. The general manager
   admitted that he had not visited the tower site in a long time. The agents
   observed that the lower planks of the wooden fencing were missing, thus
   providing access to the base. The agents also found that the gate for the
   fence was removed from its hinges and was propped up against the gate
   opening. There was no evidence of a locking mechanism, except for a metal
   - linked chain that was wrapped around one end of the wooden gate and hung
   from a nail on the support post. The rusted chain appeared to have been
   non-working for a long time. The tower was energized during operating
   hours and thus had radiofrequency potential at its base. The agents did
   not observe any perimeter property fence.

   III. DISCUSSION

   5. 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.

   6. The Rules provide that every broadcast station is part of the
   nationwide EAS network and is categorized as a participating national EAS
   source unless the station affirmatively requests authority to not
   participate. The EAS provides the President and state and local
   governments with the capability to provide immediate and emergency
   communications and information to the general public.  State and local
   area plans identify local primary sources responsible for coordinating
   carriage of common emergency messages from sources such as the National
   Weather Service or local emergency management officials.  Required monthly
   and weekly tests originate from EAS Local or State Primary sources and
   must be retransmitted by the participating station.

   7. Section 11.35 of the Rules requires that broadcast stations maintain
   operational EAS encoders, decoders and attention signal generating
   equipment and receiving equipment so that monitoring and transmitting
   functions are available during times the stations are in operation. As the
   nation's emergency warning system, the Emergency Alert System is critical
   to public safety, and we recognize the vital role that broadcasters play
   in ensuring its success. The Commission takes seriously any violations of
   the Rules implementing the EAS and expects full compliance from its
   regulatees.  On August 19, 2009, agents from the Atlanta Office observed
   that the station's EAS unit was not installed such that its transmitting
   functions were fully operational. There were no EAS logs to demonstrate
   that the station had been operational after 1997, and there was no other
   evidence to demonstrate any EAS activity after 1997. No one at the station
   was familiar with EAS operations or how to send an EAS test. The general
   manager admitted that the EAS had not worked for at least a year.

   8. 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 19, 2009, Rodgson's tower had radio
   frequency at its base. On August 19, 2009, agents from the Atlanta Office
   observed that the wooden fence surrounding the station's antenna structure
   was missing its lower planks, which provided access to the tower base. In
   addition, the gate for the fence was removed from its hinges and propped
   up against the gate opening. The rusty chain, which perhaps previously
   served as a lock, did not appear to have been functional for quite some
   time. The agents did not observe a property fence around the perimeter of
   the property. The general manager admitted to not having visited the tower
   site in a long time. The fence was in such a condition of disrepair that
   it had to have been ineffective for more than one day.

   9. Section 73.3526 of the Rules states that "[e]very permittee or licensee
   of an AM, FM, TV or a Class A station in the commercial broadcast services
   shall maintain a public inspection file containing material outlined in
   this section."  The public inspection file shall be maintained at the main
   studio of the station. The file shall be available for public inspection
   at any time during regular business hours. On August 19, 2009, agents from
   the Atlanta Office asked to inspect the station's public inspection file
   at its main studio during normal business hours. The general manager
   stated that the station never had a public inspection file and that he did
   not know what was required to be in a public inspection file. The agents
   found no evidence of a public inspection file at the station, and the
   staff was unable to produce any of the required documents.

   10. Based on the evidence before us, we find that Rodgson  apparently
   willfully and repeatedly violated Sections 11.35, 73.49, and 73.3526 of
   the Rules by failing to maintain operational EAS, failing to maintain an
   effective locked fence around the base of its antenna tower, and failing
   to maintain a public inspection file. We also find that Rodgson apparently
   willfully violated Section 73.3526 of the Rules by failing to make
   available a public inspection file during normal business hours.

   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 failure to  maintain an operational EAS system is
   $8,000; failure to maintain a public inspection file is $10,000; and
   failure to maintain an effective locked fence or enclosure at the base of
   the antenna structure is $7,000. 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 Rodgson  is apparently liable for a 
   twenty-five thousand dollar ($25,000) 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, Rodgson, Inc. is hereby NOTIFIED of
   this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five 
   thousand dollars ($25,000) for violations of Sections 11.35, 73.49, and
   73.3526 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, Rodgson, Inc. 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 credit card, check or
   similar instrument, payable to the order of the Federal Communications
   Commission. The payment must include the 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.  20554.8   If you have
   questions, please contact the Financial Operations Group Help Desk at
   1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Rodgson,
   Inc. will send electronic notification on the date said payment is made to
   SCR.response@fcc.gov.

   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.  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 Rodgson, Inc.  at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas G. Miller

   District Director,

   District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 11.35; 73.3526; and 73.49.

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

   At the time of the inspection, the EAS equipment was incapable of sending
   a test over the air.

   The only evidence of a functional EAS was an old EAS log from 1997.

   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:S: 11.11 and 11.41.

   47 C.F.R. S:S: 11.1 and 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

   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),
   73.49, 73.3526.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission