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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-AT-050
)
Sycamore Valley Broadcasting, Inc. ) NAL/Acct. No.
200232480001
)
Ashland City, TN ) FRN 0003-7542-56
FORFEITURE ORDER
Adopted: August 13, 2002 Released: August 15,
2002
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of four thousand ($4,000) to
Sycamore Valley Broadcasting, Inc. (``Sycamore''), Ashland
City, Tennessee, for repeated and willful violation of
Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of
the Commission's Rules (``Rules''),1 The noted violations
involve Sycamore's failure: to monitor two Emergency Alert
System (``EAS'') sources; to send and receive the required EAS
tests; to repaint its antenna structure as often as necessary
to maintain good visibility; to maintain sufficient
transmission system monitoring and control; and to reduce
transmitter power after sunset.
2. On April 30, 2002, the Commission's Atlanta, Georgia,
District Office (``Atlanta Office'') issued a Notice of
Apparent Liability for Forfeiture (``NAL'') to Sycamore for a
forfeiture in the amount of twenty-five thousand dollars
($25,000).2 Sycamore filed a response to the NAL dated May
14, 2002.
II. BACKGROUND
3. Sycamore is the licensee of AM radio station WQSV,
Ashland City, Tennessee, and is the owner of that station's
antenna structure. On or about October 26, 1995, and on
January 7, 1998, the Atlanta Office received complaints
indicating that Sycamore did not reduce WQSV's transmitter
power after sunset. The Atlanta Office sent letters
concerning those complaints to Sycamore on October 26, 1995,
and on March 16, 1998, respectively.
4. On January 26, 1999, an agent from the Atlanta Office
monitored station WQSV's signal and made field strength
measurements which showed that Sycamore did not reduce WQSV's
power after sunset.3 On January 27, 1999, the agent conducted
an inspection of station WQSV and found that, among other
violations, Sycamore had: failed to monitor two EAS sources;
failed to send and receive the required EAS tests; failed to
repaint its antenna structure as often as necessary to
maintain good visibility; and failed to maintain sufficient
transmission system monitoring and control.
5. On February 5, 1999, the Atlanta Office issued an
Official Notice of Violation (``NOV'') to Sycamore for
violations detected on January 26 and 27, 1999. In a response
received February 17, 1999, Sycamore stated that it had
corrected or would correct all of the violations specified in
the NOV.
6. On November 19, 2001, the Atlanta Office received a new
complaint indicating that Sycamore did not reduce WQSV's power
after sunset. On the same day the Atlanta Office sent
Sycamore a letter concerning this complaint. On February 4
and 5, 2002, an agent from the Atlanta Office monitored
station WQSV's signal and made field strength measurements
which showed that Sycamore did not reduce WQSV's power after
sunset. On February 5, 2002, the agent conducted an
inspection of station WQSV and found that station WQSV was
capable of monitoring only one EAS source; that station WQSV
could neither send nor receive EAS tests and had no logs or
other records indicating that the station had ever sent or
received the required EAS tests; that WQSV's antenna structure
had over 60% of its orange and white paint flaked off,
resulting in poor visibility; and that WQSV's transmitter
remote control equipment had an inoperative meter, causing the
station operator to be incapable of determining the operating
power.
7. On April 30, 2002, the Atlanta Office issued a NAL to
Sycamore in the amount of $25,000 for the violations set forth
above. In its May 14, 2002, response to the NAL, Sycamore
argues that it is financially unable to pay the proposed
forfeiture. As support, Sycamore encloses copies of its
Tennessee State ``Franchise, Excise'' tax returns for 1999,
2000 and 2001. Sycamore also argues that the forfeiture
should not be imposed because ``we have corrected all the
problems referenced and we have made every attempt to operate
in compliance with the Commission's rules and regulations.''
III. DISCUSSION
8. The forfeiture amount in this case was assessed in
accordance with Section 503(b) of the Communications Act of
1934, as amended, (``Act''),4 Section 1.80 of the Rules,5 and
The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999) (``Policy Statement''). Section 503(b) of the Act
requires that, in examining Sycamore's response, the
Commission take into account the nature, circumstances, extent
and gravity of the violation and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice
may require.6
9. Section 11.52(d) of the Rules requires broadcast
stations to monitor two EAS sources. Section 11.61(a)
requires broadcast stations to perform weekly and monthly EAS
tests. Section 17.50 of the Rules requires owners to clean
and repaint their antenna structures as often as necessary to
maintain good visibility. Section 73.1400 of the Rules
requires broadcast station licensees to maintain transmission
system monitoring and control which is sufficient to assure
that, at all times, the station operates within the tolerances
specified by the applicable technical rules. Section
73.1745(a) of the Rules prohibits broadcast stations from
operating with any power other than that specified by their
licenses.
10. Sycamore does not deny the violations alleged in the
NAL. In view of the facts set forth above, we conclude that
Sycamore failed to monitor two Emergency Alert System
(``EAS'') sources, in repeated and willful violation of
Section 11.52(d) of the Rules; failed to send and receive the
required EAS tests, in repeated and willful violation of
Section 11.61(a) of the Rules; failed to repaint its antenna
structure as often as necessary to maintain good visibility,
in repeated and willful violation of Section 17.50 of the
Rules; failed to maintain sufficient transmission system
monitoring and control, in repeated and willful violation of
Section 73.1400 of the Rules; and did not operate station WQSV
with the power specified by its license, in repeated and
willful violation of Section 73.1745(a) of the Rules.
11. Sycamore's remedial action subsequent to notification
of the violations does not warrant cancellation or reduction
of the proposed forfeiture.7 However, after reviewing the
tax returns submitted by Sycamore, we find that a reduction of
the proposed forfeiture to $4,000 is appropriate on the basis
of financial hardship.
12. We have examined Sycamore's response to the NAL in
light of the above statutory factors and the factors set forth
in the Policy Statement. Taking all of these factors into
account, we conclude that the proper forfeiture amount is
$4,000.
IV. ORDERING CLAUSES
13. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,8 Sycamore Valley Broadcasting, Inc., IS LIABLE FOR
A MONETARY FORFEITURE in the amount of $4,000 for repeated and
willful violation of the provisions of Sections 11.52(d),
11.61(a), 17.50, 73.1400 and 73.1745(a) of the Rules.
14. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules 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.9 Payment shall 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. 200232480001, and the
FRN No. 0003-7542-56. 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. 20554.10
15. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to,
Sycamore Valley Broadcasting, Inc., WQSV Radio, P.O. Box 619,
Ashland City, TN 37015.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.52(d), 11.61(a), 17.50, 73.1400, and
73.1745(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232680002 (Enf. Bur., Atlanta Office, released April 30,
2002).
3 WQSV's license authorized it to operate with a power of 500
watts during daylight hours and 35 watts between sunset and
sunrise. It is not possible to comply with these requirements
unless power is reduced after sunset.
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 503(b)(2)(D).
7 See KGVH, Inc., 42 FCC 2d 258, 259 (1973).
8 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
9 47 U.S.C. § 504(a).
10 See 47 C.F.R. § 1.1914.