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

In the Matter of                   )
                                     )     File Number EB-03-OR-296
WFNO, L.L.C.                       )
Licensee of AM Station WFNO in     )    NAL/Acct. No.200432620003
Norco, La.                         )
Metairie, Louisiana                )             FRN 0007 637 523

                        FORFEITURE ORDER 

Adopted:   September 7, 2004            Released:   September  9, 

By the Chief, Enforcement Bureau:


             1.     In  this  Forfeiture  Order  (``Order''),  we 
                issue a  monetary  forfeiture in  the  amount  of 
                five thousand  six  hundred dollars  ($5,600)  to 
                WFNO,  L.L.C.  (``WFNO''),   licensee  of   radio 
                station WFNO (AM), Norco, Louisiana, for  willful 
                and repeated violation of Section 73.1745 of  the 
                Commission's  Rules   (``Rules'').1   The   noted 
                violations involve WFNO's operation at times,  or 
                with modes or  power, other than those  specified 
                and made a part of the license.

             2.     On February  18, 2004,  the Commission's  New 
                Orleans, Louisiana, Field  Office (``New  Orleans 
                Office'') issued a  Notice of Apparent  Liability 
                for   Forfeiture  (``NAL'')   to   WFNO   for   a 
                forfeiture  in  the  amount  of  seven   thousand 
                dollars ($7,000).2  WFNO responded to the NAL  on 
                March 17, 2004.


             3.     On December  8,  2003,  the  FCC  Enforcement 
                Bureau's  New  Orleans   Office  (``New   Orleans 
                Office'') received  information  indicating  that 
                AM station  WFNO was  operating at  a high  power 
                level  at  night  causing  interference  to   the 
                reception   of   another   station.    WFNO    is 
                authorized to operate at 5000 watts daytime,  750 
                watts  nighttime, with  two  directional  antenna 

             4.     On December 8, 9, and 10, 2003, and January 5 
                and 6, 2004,  New Orleans Office agents  measured 
                the field  strength of WFNO  during both  daytime 
                and nighttime  hours, and found  that the  signal 
                strength was unchanged.

             5.     On January 8,  2004, the  New Orleans  Office 
                agents inspected  WFNO.  During  the  inspection, 
                the station's chief  operator confirmed that  the 
                station was not switching to its nighttime  power 
                and   directional  pattern,   but   was   instead 
                operating continuously using its daytime  pattern 
                at  50%  of  its  authorized  daytime   operating 
                power.   The  chief  operator  stated  that   the 
                station had  operated  in this  manner  since  at 
                least  mid-November  2003  because  the   control 
                lines that changed antenna mode failed.

             6.     In its response to  the NAL, WFNO admits  the 
                violation but requests reduction of the  proposed 
                monetary forfeiture.  WFNO  argues that it has  a 
                history  of overall  compliance,  made  voluntary 
                disclosures,  made good  faith  efforts  to  come 
                into compliance  and was  cooperative during  and 
                after the inspection.


             7.     The proposed forfeiture  amount in this  case 
                is  being assessed  in  accordance  with  Section 
                503(b) of  the  Communications Act  of  1934,  as 
                amended (``Act''),3 Section  1.80 of the  Rules,4 
                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  the  Commission,  in 
                examining WFNO's response, 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 such other  matters 
                as justice may require.5

             8.     Section 73.1745 of the Rules requires that no 
                broadcast  station  operate  at  times,  or  with 
                modes or  power, other than  those specified  and 
                made a part of the license.  WFNO admits that  it 
                violated this  rule and  knew of  the  violation.  
                We conclude that, on  December 8, 9 and 10,  2003 
                and  January  5   and  6,  2004,  WFNO   exceeded 
                nighttime  power limits  and  operated  at  night 
                with daytime directional parameters, in  willful6 
                and repeated7  violation  of Section  73.1745  of 
                the Rules.

             9.     We find that no reduction is warranted on the 
                basis  of voluntary  disclosure  or  good  faith.  
                While voluntary disclosure of violations8  before 
                detection  by the  Commission  or  correction  of 
                violations before notification by the  Commission 
                does warrant  a reduction,  neither  circumstance 
                exists   here.    In   this   case,   WFNO   made 
                disclosures  and  took   steps  to  correct   the 
                violation only after  the Commission notified  it 
                of its violation of Section 73.1745 of the  Rules 
                during the inspection on January 8, 2004. 9

             10.    WFNO recognizes  that  remedial  efforts  are 
                ``not normally  considered  by the  Bureau  as  a 
                mitigating factor'' but  argues that they  should 
                be considered  in this case  because of  ``unique 
                circumstances''  including  its  cooperation  and 
                the promptness of its remedial efforts.  We  find 
                no ``unique circumstances'' and conclude that  no 
                mitigation is  warranted on the  basis of  WFNO's 
                post-notification  remedial   efforts.   As   the 
                Commission stated  in  Seawest Yacht  Brokers,  9 
                FCC Rcd  6099, 6099  (1994), ``corrective  action 
                taken to  come  into compliance  with  Commission 
                rules  or  policy  is  expected,  and  does   not 
                nullify  or mitigate  any  prior  forfeitures  or 

             11.    We do find that WFNO has a history of overall 
                compliance   and   that   the   proposed   $7,000 
                forfeiture should  be reduced to  $5,600 on  this 

             12.    We have examined WFNO's  response to the  NAL 
                pursuant to the  statutory factors above, and  in 
                conjunction with  the Policy  Statement as  well.  
                As a result of our review, we conclude that  WFNO 
                willfully   and   repeatedly   violated   Section 
                73.1745 of the  Rules and that  reduction of  the 
                proposed $7,000 monetary forfeiture to $5,600  is 

             13.    WFNO has provided  no information  indicating 
                that  it has  achieved  compliance  with  Section 
                73.1745  of  the  Rules.   Accordingly,  we  will 
                require,  pursuant  to  Section  308(b)  of   the 
                Act,11   that   WFNO   L.L.C.   report   to   the 
                Enforcement Bureau no more than thirty (30)  days 
                following the release of this order how it  plans 
                to  achieve  compliance  with  Section   73.1745.  
                WFNO's report must  be submitted in  the form  of 
                an affidavit or declaration signed by an  officer 
                or director.


             14.    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,12 WFNO  L.L.C. 
                IS  LIABLE  FOR  A  MONETARY  FORFEITURE  in  the 
                amount  of  five  thousand  six  hundred  dollars 
                ($5,600) for willfully  and repeatedly  violating 
                Section 73.1745 of the Rules.

             15.    IT  IS  FURTHER  ORDERED  that,  pursuant  to 
                Section 308(b) of the Act,  WFNO must submit  the 
                report described in Paragraph 13, above, no  more 
                than thirty  (30) days following  the release  of 
                this  Order,   to  the   Federal   Communications 
                Commission,    Enforcement    Bureau,    Spectrum 
                Enforcement  Division,  445  12th  Street,  S.W., 
                Room 7-A820, Washington,  D.C. 20554,  Attention: 
                Thomas D. Fitz-Gibbon, Esq.

             16.    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.13  
                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/Acct.  No. and  FRN 
                No. referenced above.  Payment by check or  money 
                order  may be  mailed  to  Forfeiture  Collection 
                Section, Finance  Branch, Federal  Communications 
                Commission,  P.O. Box  73482,  Chicago,  Illinois 
                60673-7482.  Payment  by  overnight mail  may  be 
                sent to Bank One/LB  73482, 525 West Monroe,  8th 
                Floor Mailroom,  Chicago, IL  60661.  Payment  by 
                wire  transfer   may  be  made   to  ABA   Number 
                071000013, receiving bank  Bank One, and  account 
                number 1165259. 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. 20554.14

             17.    IT IS  FURTHER ORDERED  that a  copy of  this 
                Forfeiture Order  shall be sent  by regular  mail 
                and Certified  Mail Return  Receipt Requested  to 
                WFNO, L.L.C., 110  Veterans Memorial Blvd,  Suite 
                300,   Metairie,  Louisiana    70005,   and   its 
                counsel,  Joseph  Chautin  III,  Hardy,  Carey  & 
                Chautin, Attorneys at Law, 110 Veterans  Memorial 
                Blvd., Suite 300, Metarire, LA 70005.

                              FEDERAL COMMUNICATIONS COMMISSION


                              David H. Solomon
                              Chief, Enforcement Bureau

1 47 C.F.R.  73.1745.

2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200432620003 (Enf. Bur. New Orleans Office, released February 18, 

3 47 U.S.C.  503(b).

4 47 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

6 Section  312(f)(1) of  the Act,  47 U.S.C.   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,' 
... 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., 

7 As provided by 47 U.S.C.   312(f)(2), a violation that  occurs 
more than  once  is  ``repeated.''   The  Conference  Report  for 
Section 312(f)(2) indicates that Congress intended to apply  this 
definition to Section 503 of the Act as well as Section 312.  See 
H.R. Rep. 97th Cong. 2d Sess. 51 (1982).  See Southern California 
Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991).

8 See, e.g., T-Mobile USA, Inc., 18 FCC Rcd 3501 (2003).

9 In both  cases cited  by WFNO,  Barinowski Investment  Company, 
L.P., 18 FCC Rcd 25067, 25070 (2003), and Hoffman Communications, 
Inc., 18 FCC Rcd 26624 (Enf. Bur. 2003), the violator took  steps 
to correct the violation before being notified by the Commission.

10 See also Callais  Cablevision, Inc., 17  FCC Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

11 47 U.S.C.  308(b).

12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

13 47 U.S.C.  504(a).

14 See 47 C.F.R.  1.1914.