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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                      )                               
                                                                      
                                      )                               
     In the Matter of                                                 
                                      )                               
     West Helena Broadcasters, Inc.       File Number: EB-07-OR-096   
                                      )                               
     Licensee of KCLT-FM                  NAL/Acct. No. 200832620002  
                                      )                               
     West Helena, Arkansas                FRN: 0010279719             
                                      )                               
     Facility ID # 71608                                              
                                      )                               
                                                                      
                                      )                               


                                FORFEITURE ORDER

   Adopted:  January 7, 2008  Released:  January 9, 2008

   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 seven thousand dollars ($7,000) to West Helena
       Broadcasters, Inc. ("Broadcasters, Inc."), licensee of station
       KCLT-FM, in West Helena, Arkansas, for willful and repeated violation
       of Sections 11.35 and 73.3526 of the Commission's Rules ("Rules"). The
       noted violations involve Broadcasters, Inc.'s failure to have an
       operational Emergency Alert System ("EAS") and failure to maintain and
       make available a complete public inspection file.

   II. BACKGROUND

    2. On August 22, 2007, in response to a complaint, an agent from the
       Commission's New Orleans Office of the Enforcement Bureau ("New
       Orleans Office") inspected station KCLT-FM's main studio in West
       Helena, Arkansas accompanied by the station's general manager. During
       the inspection, the EAS unit was set in manual mode, and the DJ who
       was responsible for running EAS tests was not present. The general
       manager was unable to run an EAS test to verify the EAS equipment was
       operational. All logs and printouts for the EAS, provided by the
       general manager the day of the inspection, were over a year old. The
       general manager could provide no evidence that the EAS had been
       operational after June 2006. In response to a request made during
       normal business hours, the general manager was only able to produce an
       old contour map and the most recent ownership report.

    3. On August 23, 2007, an agent from the New Orleans Office monitored
       station KCLT-FM from 8:20 - 9:00 A.M. C.D.T. During this time, the
       agent did not hear an EAS test broadcast by the station. After
       arriving at the main studio at 9:00 A.M. C.D.T., the general manager
       stated that the station conducted an EAS test at 8:30 A.M. C.D.T. and
       was unable to run another test because he hit a button preventing
       activation of the EAS. At 9:10 A.M., the general manager provided the
       printout for the test run earlier that morning. The time on the
       printout was listed as 9:30 A.M., but the general manager stated the
       time was an hour off. The agent also asked to inspect the station's
       public inspection file. The general manager was able to produce a copy
       of the current station authorization, the old contour map and the
       ownership report, but he had been unable to locate any other documents
       from the station's public inspection file.

    4. On November 14, 2007, the New Orleans Office issued a Notice of
       Apparent Liability for Forfeiture to Broadcasters, Inc. in the amount
       of eighteen thousand dollars ($18,000) for the apparent willful and
       repeated violation of Sections 11.35 and 73.3526 of the Rules.
       Broadcasters, Inc. submitted a response to the NAL requesting a
       reduction or cancellation of the proposed forfeiture based on its
       inability to pay.

   III. DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act'), Section 1.80 of the 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 Broadcasters, Inc.'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 of the Rules requires all broadcast stations to ensure
       that EAS encoders, EAS decoders and Attention Signal generating and
       receiving equipment is installed and operational so that the
       monitoring and transmitting functions are available during the times
       the station is in operation. Broadcast stations must also determine
       the cause of any failure to receive required monthly and weekly EAS
       tests, and must indicate in the station's log why any required tests
       were not received and when defective equipment is removed and restored
       to service. On August 22, 2007, station KCLT-FM was unable to run an
       EAS test. The most recent EAS printout for the station was dated June
       2006, and the station had no evidence that its EAS was operational
       after June 2006. On August 23, 2007, station KCLT-FM transmitted an
       EAS test but the test was not broadcast over the air.

    7. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection, a file containing materials listed in
       that section. Section 73.3526(c)(1) of the Rules states that the file
       shall be available for public inspection at any time during regular
       business hours. Section 73.3526(e) of the Rules specifies the material
       to be retained in the public inspection file. On August 22 and 23,
       2007, in response to requests made during regular business hours,
       station KCLT-FM's general manager was unable to locate or make
       available a complete public inspection file. He was only able to
       locate an old contour map, an ownership report, and the current
       station authorization.

    8. Thus, based on the evidence, we find that Broadcasters, Inc. willfully
       and repeatedly violated Sections 11.35 and 73.3526 of the Rules by
       failing to have operational EAS and failing to maintain or make
       available a complete public inspection file.

    9. In its response to the NAL, Broadcasters, Inc. asserts that a $18,000
       forfeiture would produce a financial hardship and requests that the
       forfeiture be cancelled or significantly reduced. The Commission has
       determined that, in general, an entity's gross revenues are the best
       indicator of its ability to pay a forfeiture. After reviewing
       Broadcasters, Inc.'s financial documentation, we conclude that a
       reduction of the forfeiture to $7,000 would be appropriate.

   10. We have examined Broadcasters, Inc.'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
       Broadcasters, Inc. willfully and repeatedly violated Sections 11.35
       and 73.3526 of the Rules. Although cancellation of the proposed
       monetary forfeiture is not warranted, reduction of the forfeiture
       amount to $7,000 is appropriate based on Broadcasters, Inc.'s
       demonstrated inability to pay.

   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, West Helena Broadcasters, Inc.
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand
       dollars ($7,000) for violation of 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: Associate Managing Director, Financial Operations,
       445 12th Street, S.W., Room 1A625, 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 West Helena
       Broadcasters, Inc. at its 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. 200832620002
   (Enf. Bur., New Orleans Office, November 14, 2007) ("NAL").

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

   47 C.F.R. S: 1.80.

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

   47 C.F.R. S: 11.35(a) and (b).

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(c)(1).

   47 C.F.R. S: 73.3526(e).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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., 6 FCC Rcd 4387 (1991).

   The term "repeated," when used with reference to the commission or
   omission of any act, "means the commission or omission of such act more
   than once or, if such commission or omission is continuous, for more than
   one day." 47 U.S.C. S: 312(f)(2).

   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 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 11.35,
   73.3526.

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

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

   Federal Communications Commission DA 08-25

   2

   Federal Communications Commission DA 08-25