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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                                                        
     In the Matter of                   )   File No. EB-06-SE-080       
                                                                        
     Gilmore Broadcasting Corporation   )   NAL/Acct. No. 200632100014  
                                                                        
     Evansville, Indiana                )   FRN # 0002062396            
                                                                        
                                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  June 1, 2006     Released:  June 5, 2006

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I.  introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Gilmore
       Broadcasting Corporation ("Gilmore"), licensee of satellite earth
       station, E950187, Evansville, Indiana, apparently liable for a
       forfeiture in the amount of four thousand dollars ($4,000) for
       operating its earth station without Commission authority and for
       failing to timely file a renewal application. Gilmore acted in
       apparent willful and repeated violation of Section 301 of the
       Communications Act of 1934, as amended, ("Act") and Sections 25.102(a)
       and 25.121(e) of the Commission's Rules ("Rules").

   II.  background

    2. Gilmore was granted a license for its fixed-satellite service earth
       station, E950187, on April 7, 1995, with an expiration date of April
       7, 2005. On February 17, 2006, Gilmore filed with the Commission's
       International Bureau an application for a new earth station license.
       On February 21, 2006, Gilmore filed a request for special temporary
       authority ("STA") to continue operating its earth station pending
       Commission action on the license application. The International Bureau
       granted Gilmore's STA on February 27, 2006, and granted Gilmore a new
       earth station license, call sign E950187, on April 3, 2006.

    3. Because it appeared that Gilmore may have operated the earth station
       after the expiration of its license, the International Bureau referred
       this case to the Enforcement Bureau for investigation and possible
       enforcement action. On March 8, 2006, the Enforcement Bureau's
       Spectrum Enforcement Division issued a letter of inquiry ("LOI") to
       Gilmore.

    4. In its April 19, 2006 response to the LOI, Gilmore stated that it
       first became aware that its earth station license E950187 had expired
       on January 10, 2006. Citing "a licensing error" as the basis for its
       failure to timely renew its license, Gilmore explained that once it
       discovered the expiration of its license, it immediately contacted its
       counsel who began work on an application to re-license the earth
       station and a request for Special Temporary Authority ("STA") to
       continue operating the earth station for a 60-day period. Further,
       Gilmore admitted that it continued to operate its earth station beyond
       the license expiration date without Commission authorization.
       Specifically, Gilmore explained that between the period of April 7,
       2005 and January 10, 2006, its staff used the earth station for
       typical television news gathering on numerous occasions until they
       were instructed to "discontinue use ... pending grant of the STA."

   III.   discussion

    5. Section 301 of the Act and Section 25.102(a) of the Rules prohibit the
       use or operation of any apparatus for the transmission of energy or
       communications or signals by an earth station except under, and in
       accordance with a Commission granted authorization. Additionally,
       Section 25.121(e) of the Rules requires that licensees file renewal
       applications for earth stations "no earlier than 90 days, and no later
       than 30 days, before the expiration of the license." Absent a timely
       filed renewal application, an earth station license automatically
       terminates.

    6. As a Commission licensee, Gilmore was required to maintain its
       authorization in order to operate its earth station. Based upon the
       information before us, Gilmore operated the earth station without
       Commission authority from the station's license expiration date of
       April 7, 2005, until January 10, 2006. By operating its earth station
       for approximately nine months without an instrument of authorization,
       Gilmore apparently violated Section 301 of the Act and Section
       25.102(a) of the Rules. Gilmore also acted in apparent violation of
       Section 25.121(e) of the Rules by allowing its license to lapse
       without renewal.

    1. Section 503(b) of the Act, and Section 1.80(a) of the Rules, provide
       that any person who willfully or repeatedly fails to comply with the
       provisions of the Act or the Rules shall be liable for a forfeiture
       penalty. For purposes of Section 503(b) of the Act, the term "willful"
       means that the violator knew that it was taking the action in
       question, irrespective of any intent to violate the Commission's
       rules, and "repeatedly" means more than once. Based upon the record
       before us, it appears that Gilmore's violations of Section 301 of the
       Act and Sections 25.102(a) and 25.121(e) of the Rules were willful and
       repeated.

    2. In determining the appropriate forfeiture amount, Section 503(b)(2)(D)
       of the Act directs us to consider factors, such as "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." Having considered the statutory factors, as explained below,
       we find it appropriate to downwardly adjust the proposed aggregate
       forfeiture from $6,500 to $4,000 based upon Gilmore's voluntary
       disclosure of its violations and its history of compliance.

    3. Section 1.80(b) of the Rules sets a base forfeiture amount of three
       thousand dollars ($3,000) for failure to file required forms or
       information and ten thousand dollars ($10,000) for operation of a
       station without Commission authority. Consistent with precedent, we
       propose a $1,500 forfeiture for Gilmore's failure to file the renewal
       application for its earth station within the time period specified in
       Section 25.121(e) of the Rules. Additionally, we propose a $5,000
       forfeiture for Gilmore's continued operation of its earth station
       beyond April 7, 2005. In proposing a $5,000 forfeiture for Gilmore's
       unauthorized operations, we recognize that the Commission considers a
       licensee who operates a station with an expired license in better
       stead than a pirate broadcaster who lacks prior authority, and thus
       downwardly adjust the $10,000 base forfeiture amount accordingly.
       Thus, we propose an aggregate forfeiture of $6,500.

    4. As a Commission licensee, Gilmore is charged with the responsibility
       of knowing and complying with the terms of its authorizations, the Act
       and the Rules, including the requirement to timely renew the
       authorization for its earth station. We do find, however, that a
       downward adjustment of the proposed aggregate forfeiture from $6,500
       to $4,000 is warranted because Gilmore made voluntary disclosures to
       Commission staff and undertook corrective measures after learning of
       its violations, but prior to any Commission inquiry or initiation of
       enforcement action and because of Gilmore's history of overall
       compliance.

   IV.  ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
       503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,
       Gilmore IS hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE
       in the amount of four thousand ($4,000) for the willful and repeated
       violation of Section 301 of the Act and Sections 25.102(a) and
       25.121(e) of the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Gilmore SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

    9. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106. A request for
       full payment under an installment plan should be sent to: Associate
       Managing Director-Financial Operations, 445 12^th Street, S.W., Room
       1-A625, Washington, D.C. 20554.

   10. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   11. 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; 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.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by first class mail and certified mail
       return receipt requested to counsel for Gilmore Broadcasting
       Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K
       Street, N.W., Washington, D.C. 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Joseph P. Casey

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S 301.

   47 C.F.R. SS 25.102(a) and 25.121(e).

   See File No. SES-STA-20060224-00306 (granted February 27, 2006).

   See File No. SES-LIC-20060221-00283 (granted April 3, 2006). The new
   license for earth station E950187 was granted by the International Bureau
   without prejudice to any future FCC enforcement action against the company
   in connection with unauthorized operation of its radio facilities.

   See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission to Martha
   Heller, Esq., Counsel for Gilmore Broadcasting Corporation (March 8,
   2006).

   See Letter from Martha E. Heller, Esq., to Jacqueline Johnson, Spectrum
   Enforcement Division, Enforcement Bureau, Federal Communications
   Commission (April 19, 2006).

   Id. at 1.

   Id. at 2.

   Id. at 1.

   Id. at 2.

   Id. at 1 and 2.

   47 C.F.R. S 25.121(e).

   47 C.F.R. S 25.161(b).

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

   47 C.F.R. S 1.80(a).

   See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991); see also
   WCS Communications, Inc., 13 FCC Rcd 6691 (WTB, Enf. and Consumer Info.
   Div., 1998) (finding that a licensee's inadvertent failure to file timely
   renewal applications constitutes a repeated violation that continues until
   the date the license is renewed).

   47 U.S.C. S 503(b)(2)(D). See also 47 C.F.R. S 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures; The Commission's Forfeiture Policy Statement and Amendment of
   Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC
   Rcd 17087, 17110 (1997), recon. denied (1999).

   47 C.F.R. 1.80(b).

   See Discussion Radio, Inc., 19 FCC Rcd 7433, 7438 (2004) ("Discussion
   Radio") (proposing a $1,500 forfeiture for failure to file a timely
   renewal application for a broadcast station); see also Shared Data
   Networks, LLC, 20 FCC Rcd 18184, 18187 (Enf. Bur., Spectrum Enf. Div.,
   2005) ("SDN"); Journal Broadcast Corporation, 20 FCC Rcd 18211, 18213
   (Enf. Bur., Spectrum Enf. Div., 2005) ("Journal Broadcast"); National
   Weather Networks, Inc., DA-06-841 at PP 9-10 (Enf. Bur., Spectrum Enf.
   Div., April 14, 2006) ("NWN"); Criswell College, DA 06-996 at PP 11-12
   (Enf. Bur., Spectrum Enf. Div., May 11, 2006).

   See Discussion Radio, 19 FCC Rcd at 7438 (proposing a $5,000 forfeiture
   for operating a station for 14 months beyond the expiration of its
   license); see also SDN, 20 FCC Rcd at 18186-87; Journal Broadcast, 20 FCC
   Rcd at 18213; NWN, DA 06-841 at PP 9-10; Criswell College, DA 06-996 at PP
   11-12.

   See Discussion Radio, 19 FCC Rcd at 7437; see also  SDN, 20 FCC Rcd at
   18187; Journal Broadcast, 20 FCC Rcd at 18214; NWN, DA 06-841 at P 12;
   Criswell College, DA 06-996 at P 12.

   See Petracom of Texarkana, LLC, 19 FCC Rcd 8096, 8097-8098 (Enf. Bur.
   2004); see also  SDN, 20 FCC Rcd at 18187; Journal Broadcast, 20 FCC Rcd
   at 18214; NWN, DA 06-841 at P 11; Criswell College, DA 06-996 at P 12.

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

   47 C.F.R. SS 0.111, 0.311 and 1.80.

   47 C.F.R. S 1.80.

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-1189

   2

   Federal Communications Commission DA 06-1189