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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                                
                                                                   
     In the Matter of             )                                
                                                                   
     Ora Roberts Smallwood, III   )   File Number: EB-06-NF-048    
                                                                   
     Licensee of WCRR (AM)        )   NAL/Acct. No.: 200732640001  
                                                                   
     Rural Retreat, Virginia      )   FRN:  8733727                
                                                                   
     Facility ID No. 27190        )                                
                                                                   
                                  )                                


                                FORFEITURE ORDER

   Adopted: July 30, 2007 Released: August 1, 2007

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. introduction

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eighteen thousand dollars ($18,000) to Ora Roberts
       Smallwood, III, the licensee of AM radio station WCRR in Rural
       Retreat, Virginia, for willful violation of Sections 11.35 and 73.3526
       of the Commission's Rules ("Rules"). The noted violations involve Mr.
       Smallwood's failure to maintain operational receiving equipment for
       required Emergency Alert System ("EAS") monitoring functions and
       failure to make available a complete public inspection file.

   II. background

    2. On June 22, 2006, an agent from the Commission's Norfolk Office of the
       Enforcement Bureau ("Norfolk Office") conducted a main studio
       inspection of radio station WCRR in Rural Retreat, Virginia during
       normal business hours. WCRR's station manager identified a portable
       receiver and a rack mounted receiver as the station's EAS Attention
       receiving equipment. The portable receiver was inoperative, but this
       fact or the date of the malfunction was not noted in any logs. The
       agent noticed that the station's rack mounted receiver was not
       connected to the AC outlet, but the receiver was still inoperative
       after reconnecting its power cord. Furthermore, there were no records
       to indicate that the station had ever received required Weekly or
       Monthly EAS Tests during the year 2006. Also, in response to a request
       to inspect the station's public inspection file, the station manager
       was unable to make the file or any of the documents required to be
       kept in the file available. The station manager stated that Mr.
       Smallwood probably knew the whereabouts of the file.

    3. On or about June 29, 2006, Mr. Smallwood left a voice message for the
       agent in the Norfolk Office. He did not deny any of the violations
       found at the station, did not provide an explanation of the
       whereabouts of the station's public file, and requested leniency in
       any possible enforcement actions.

    4. On October 20, 2006, the Norfolk Office issued a Notice of Apparent
       Liability for Forfeiture to Mr. Smallwood in the amount of eighteen
       thousand dollars ($18,000) for the apparent willful violation of
       Sections 11.35 and 73.3526 of the Rules. On November 11, 2006, the
       Norfolk Office received Mr. Smallwood's response to the NAL requesting
       cancellation of the proposed forfeiture.

   III. discussion

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Commission's Rules
       ("Rules"), 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) ("Forfeiture Policy Statement"). In examining Mr. Smallwood's
       response, Section 503(b) of the Act requires that 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. Section 11.35(a) of the Rules states that Broadcast stations are
       responsible to ensure that EAS Encoders, EAS Decoders and Attention
       signal generating and receiving equipment used as part of the EAS are
       installed so that the monitoring and transmitting functions are
       available during the times the stations are in operation. On June 22,
       2006, neither of station WCRR's EAS receivers were operative, so the
       station had no way to monitor or receive EAS messages. There were no
       records to indicate that the station had ever received required Weekly
       or Monthly EAS Tests during the year 2006. There were also no records
       documenting when the EAS receivers became inoperative.

    7. Section 73.3526(a)(2) of the Rules states that every licensee of an AM
       station in the commercial broadcast services shall maintain a public
       inspection file containing the material, relating to that station,
       described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13)
       of this section. On June 22, 2006, in response to a request to inspect
       the public file during normal business hours, the station manager was
       unable to make the file or any of the documents required to be
       maintained in the file available. There was no evidence that the
       station maintained a public inspection file.

    8. In response to the NAL, Mr. Smallwood states that he was not present
       during the inspection, and the new owner to the station pulled the
       public inspection file the week of the inspection. He also states that
       the new owner inspected the station's EAS that week. We do not find
       Mr. Smallwood's arguments persuasive. Mr. Smallwood was still the
       licensee of station WCRR on June 22, 2006 and was responsible for
       compliance with all Commission rules. If the new owner of the station
       removed the station's public inspection file, Mr. Smallwood was
       responsible for ensuring that the file was returned to the station's
       main studio. Moreover, it is irrelevant whether the new owner
       inspected the EAS equipment prior to the agent's inspection. There is
       no evidence or allegation that the owner tampered with the station's
       EAS equipment or somehow caused it to be non-operational.

    9. Finally, Mr. Smallwood requests cancellation of the forfeiture based
       on his inability to pay. The Commission has determined that, in
       general, an entity's gross revenues are the best indicator of its
       ability to pay a forfeiture. Mr. Smallwood, however, has not provided
       sufficient documentation of his income and the station's gross
       revenues. Therefore, we are unable to determine if a reduction of the
       forfeiture would be appropriate.

   10. We have examined Mr. Smallwood's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Mr. Smallwood
       willfully violated Sections 11.35 and 73.3526 of the Rules and that no
       reduction of the proposed $7,000 forfeiture is warranted.

   IV. ordering clauses

   11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Ora Roberts Smallwood, III IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of eighteen thousand
       dollars ($18,000) for willfully violating Sections 11.35 and 73.3526
       of the Rules.

   12. 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. 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. Requests for full payment under an installment plan
       should be sent to: Chief, Revenue and Receivables Group, 445 12th
       Street, S.W., Washington, D.C. 20554.

   13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Ora Roberts
       Smallwood, III at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35, 73.3526

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532640001
   (Enf. Bur., Norfolk Office, October 20, 2006) ("NAL").

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

   47 C.F.R. S: 1.80.

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

   Mr. Smallwood's assignment application was granted October 12, 2006 and
   consummated October 16, 2006.

   See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992)
   (forfeiture not deemed excessive where it represented approximately 2.02
   percent of the violator's gross revenues); Local Long Distance, Inc., 16
   FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented
   approximately 7.9 percent of the violator's gross revenues); Hoosier
   Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed
   excessive where it represented approximately 7.6 percent of the violator's
   gross revenues).

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

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

   See 47 C.F.R. S: 1.1914.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 07-3442

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   Federal Communications Commission DA 07-3442