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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                        )
                              )    File No.: EB-02-AT-307   
J.L. Brewer Broadcasting of Cleveland, LLC   )    NAL/Acct.   No. 
Chattanooga, Tennessee                  )    FRN 0003-7349-10


Adopted:  July 9, 2003                       Released:  July  11, 

By the Chief, Enforcement Bureau:

     1.   In this  Memorandum Opinion and  Order (``Order''),  we 
          grant the  petition for reconsideration  filed by  J.L. 
          Brewer Broadcasting  of Cleveland, LLC (``Brewer'')  of 
          our Forfeiture Order1 finding it liable for a  monetary 
          forfeiture  in  the amount  of  three  thousand  dollar 
          ($3,000) for an  apparent willful violation of  Section 
          17.4(a) of  the Commission's  Rules (``Rules'').2   The 
          alleged violation  was failure to  register an  antenna 

     2.   Brewer is the licensee of broadcast station WDNT(AM) in 
Dayton, Tennessee.  On September  9, 2002, the District  Director 
of the  Commission's Atlanta,  Georgia, Field  Office  (``Atlanta 
Office'') issued a  Notice of Apparent  Liability for  Forfeiture 
(``NAL'') 3   in the amount  of $3,000 to  Brewer for failure  to 
register WDNT's antenna structure, in apparent willful  violation 
of Section  17.4(a)  of  the Commission's  Rules.   After  Brewer 
failed to respond  to the  NAL, the Enforcement  Bureau issued  a 
Forfeiture Order affirming the  forfeiture.  In its petition  for 
reconsideration of the Forfeiture  Order, Brewer asserts that  it 
does not own  the antenna  structure used by  WDNT.  The  Atlanta 
Office has now confirmed that Brewer does not own WDNT's  antenna 
structure  and did  not  own  it  at  the  time  of  the  alleged 

     3.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the Communications Act of 1934, as amended (``Act''),5 and 
Section   1.106   of   the   Rules,6   Brewer's   petition    for 
reconsideration IS GRANTED; and that, pursuant to Section  504(b) 
of the  Act7 and  Section 1.80(f)(4)  of the  Rules,8 the  $3,000 
monetary forfeiture issued to Brewer IS CANCELLED.

     4.        IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to J.L. Brewer Broadcasting of Cleveland, LLC, 
1305 Carter Street, Chattanooga, Tennessee 37402.


                         David H. Solomon
                         Chief, Enforcement Bureau

     1 18 FCC Rcd 1035 (Enf. Bur. 2003)

     2 47 C.F.R.  17.4(a).

     3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232480020 (Enf. Bur.,  Atlanta Office,  released September  9, 

     4 At the  time of the  inspection, a station  representative 
informed our agent that the licensee owned the tower.

     5 47 U.S.C.  405

     6 47 C.F.R.  1.106

     7 47 U.S.C.  504(b).

     8 47 C.F.R.  1.80(f)(4).