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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cherokee Broadcasting Company, Inc. ) File
Number EB-00-NF-309
WCVP (AM) )
P.O. Box 280 )
Murphy, North Carolina ) NAL/Acct. No.
200132640001
FORFEITURE ORDER
Adopted: February 23, 2001 Released:
February 27, 2001
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of six thousand five
hundred dollars ($6,500) against Cherokee Broadcasting
Company, Inc. (``Cherokee Broadcasting''), licensee of WCVP
(AM), Murphy, North Carolina for willfully violating section
11.35(a) of the Commission's Rules (``Rules'').1 The noted
violation involves Cherokee Broadcasting's July 2000
operation of WCVP without working Emergency Alert System
(``EAS'') equipment in place.
2. On October 19, 2000, the Enforcement Bureau's
Norfolk, Virginia Resident Agent Office issued a Notice of
Apparent Liability (``NAL'') for Forfeiture in the amount of
eight thousand dollars ($8,000).2 Cherokee Broadcasting
filed a response on November 17, 2000.
II. BACKGROUND
3. On July 1, 2000, a resident agent from the
Commission's Norfolk, Virginia Resident Agent Office
inspected WCVP. The resident agent found that, among other
things, Cherokee Broadcasting had not installed EAS
equipment at WCVP.
III. DISCUSSION
4. Cherokee Broadcasting concedes that it did not
have operational EAS equipment in place during the resident
agent's inspection on July 1, 2000. Cherokee Broadcasting
contends that its violation was due to the fact that the
terrain around WCVP prevented it from monitoring its two EAS
sources. Cherokee Broadcasting alleges that on several
occasions it unsuccessfully attempted to have its State EAS
Coordinator change its two assigned EAS sources.
Accordingly, Cherokee Broadcasting asks us to rescind or
substantially reduce the proposed forfeiture.3
5. We do not believe that rescission or reduction of
the forfeiture is warranted because Cherokee Broadcasting
allegedly could not get the State EAS Coordinator to change
its two assigned EAS sources. Section 11.52(d)(1) of the
Rules states as follows:
If the required EAS sources cannot be
received, alternative arrangements or a
waiver may be obtained by written
request to the FCC EAS office. In an
emergency, a waiver may be issued over
the telephone with a follow up letter to
confirm temporary or permanent
reassignment.4
Cherokee Broadcasting presents no evidence that it attempted
to contact the FCC EAS office prior to the inspection.5
6. Cherokee Broadcasting also asks us to cancel or
substantially reduce the $8,000 forfeiture because of its
demonstrated history of complying with the Rules during its
approximately twenty-year operation of WCVP. During our
review of FCC records, we found that Cherokee Broadcasting
had a history of overall compliance with the Rules.
Consequently, in this case, we will reduce the $8,000
forfeiture to $6,500.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Communications Act of 1934 (``Act''),
as amended,6 and sections 0.111, 0.311, and 1.80(f)(4) of
the Rules,7 Cherokee Broadcasting IS LIABLE FOR A MONETARY
FORFEITURE in the amount of $6,500 for willfully violating
Section 11.35(a) of the Rules requiring it to have operating
EAS equipment in place.8
8. Payment of the forfeiture shall be made in the
manner provided for in section 1.80 of the Rules,9 within 30
days of the release of this Order. If the forfeiture is not
paid within the period specified, the case may be referred
to the Department of Justice for collection pursuant to
section 504(a) of the Act.10 Payment may be made by mailing
a check or similar instrument, payable to the order of the
``Federal Communications Commission,'' to the Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No.
200132640001 referenced above. Requests for full payment
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.11
9. IT IS FURTHER ORDERED that copies of this
Forfeiture Order shall be sent by Certified Mail Return
Receipt Requested to Cherokee Broadcasting Company, Inc.,
P.O. Box 280, Murphy, North Carolina 28906, and to Timothy
K. Brady, Esq., counsel for Cherokee Broadcasting, at P.O.
Box 71309, Newnan, Georgia 30271.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.35(a).
2 Notice of Apparent Liability for Forfeiture,
NAL/Acct. No. 200132640001 (Enf. Bur., Norfolk Resident
Agent Office, rel. Oct. 19, 2000).
3 According to Cherokee Broadcasting, as of July 7,
2000, ``all EAS equipment was installed and was fully
operational. . . .'' Response to Notice of Apparent
Liability for Forfeiture, Blakemore Declaration.
4 47 C.F.R. § 11.52(d)(1).
5 Cherokee Broadcasting indicates that it contacted the
FCC EAS office, which provided assistance in resolving the
matter, after the inspection.
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
8 47 C.F.R. § 11.35(a).
9 47 C.F.R. § 1.80.
10 47 U.S.C. § 504(a).
11 See 47 C.F.R. § 1.1914.