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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                                
                                                                           
     In the Matter of                     )                                
                                                                           
     Hubbard's Advertising Agency, Inc.   )   File Number: EB-09-NF-0125   
                                                                           
     Licensee of Station WLLL (AM)        )   NAL/Acct. No.: 201032640001  
                                                                           
     Lynchburg, Virginia                  )   FRN: 0003730892              
                                                                           
     Facility ID # 17409                  )                                
                                                                           
                                          )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 6, 2010 Released: May 10, 2010

   By the Resident Agent, Norfolk Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hubbard's Advertising Agency, Inc., ("Hubbard"), licensee of
       station WLLL(AM), in Lynchburg, Virginia, apparently willfully and
       repeatedly violated Sections 11.35(a), 73.1745(a) and 73.3526 of the
       Commission's Rules ("Rules") by failing to maintain operational
       Emergency Alert System ("EAS") equipment, exceeding its licensed
       nighttime operating power, and failing to maintain and make available
       a public inspection file. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Hubbard is
       apparently liable for a forfeiture in the amount of twenty-two 
       thousand dollars ($22,000).

   II. BACKGROUND

    2. In response to a complaint that Hubbard was not reducing WLLL's
       transmitter output power at night, an agent of the Enforcement
       Bureau's Norfolk Office ("Norfolk Office") conducted an on-scene
       investigation during both daytime and nighttime hours on November 22,
       23, and 24, 2009. The agent observed on those days that the station's
       field strength did not change between daytime and nighttime. Hubbard's
       license authorizes WLLL to broadcast on the frequency 930 KHz with
       9000 watts of power during the day and 42 watts at night.

    3. On November 24, 2009, the agent inspected the main studio for station
       WLLL in Lynchburg, Virginia during normal business hours and observed
       that the station was without a functional EAS system. Hubbard's owner
       admitted that the EAS unit had been non-operational for several months
       and was unable to produce documentation of when the EAS unit became
       inoperative. The station also had no logs or records of any EAS weekly
       or monthly tests having been sent. In response to the agent's request
       for inspection, Hubbard was unable to produce its public inspection
       file or any of the required contents of the file. Hubbard's owner
       admitted that he did not maintain a public inspection file and that he
       did not know what documents are required to be in the file.

    4. On November 24, 2009, the agent, accompanied by Hubbard's owner,
       inspected the WLLL transmitter site. Using the direct method (antenna
       base current times the antenna resistance), the agent calculated, and
       Hubbard's owner confirmed, a daytime transmitter output power of
       5002.4 watts (55% of licensed daytime power). When asked about
       increasing the power to its licensed daytime power or changing the
       system to its nighttime mode of operation, the owner said that a
       transmitter defect prevented WLLL from raising or lowering power to
       authorized levels. The owner could not provide a date on which the
       malfunction first occurred. Field strength levels produced by the
       calculated daytime transmitter output power were less than the levels
       previously observed by the agent on November 22 and November 23, 2009
       and earlier on November 24, 2009. Thus, based on both field strength
       measurements and the direct method of power measurement, the agent
       determined that Hubbard operated its system at nighttime with a
       transmitter power of at least 5002.4 watts, which is more than 10,000%
       of its authorized nighttime power.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    6. Every broadcast station is part of the nationwide EAS network and is
       categorized as a participating national EAS source unless the station
       affirmatively requests authority to refrain from participation, and
       that request is approved by the Commission. The EAS enables the
       President and state and local governments to provide immediate and
       emergency communications and information to the general public.  State
       and local area plans identify local primary sources responsible for
       coordinating carriage of common emergency messages from sources such
       as the National Weather Service or local emergency management
       officials.  Required monthly and weekly tests originate from EAS Local
       or State Primary sources and must be retransmitted by the
       participating station. As the nation's emergency warning system, the
       Emergency Alert System is critical to public safety, and we recognize
       the vital role that broadcasters play in ensuring its success. The
       Commission takes seriously any violations of the Rules implementing
       the EAS and expects full compliance from its licensees.

    7. Section 11.35(a) of the Rules requires all broadcast stations to
       ensure that EAS encoders, EAS decoders, and attention signal
       generating and receiving equipment are installed and operational so
       that the monitoring and transmitting functions are available during
       the times the station is in operation. On November 24, 2009, an agent
       observed that station WLLL's installed EAS equipment was not
       operational when the station was in operation. Hubbard's owner
       admitted that an operational EAS encoder/decoder unit had not been
       available for several months prior to the inspection on November 24,
       2009. Hubbard's owner also admitted that there was no documentation of
       the exact date the unit became inoperative, but stated plans had been
       made to repair or replace the unit in the future. In addition, Hubbard
       was unable to produce any evidence that the EAS unit had ever been
       operational or that required EAS weekly or monthly tests had ever been
       sent. Therefore, we find that Hubbard  apparently willfully and
       repeatedly violated Section 11.35(a) of the Rules by failing to ensure
       that EAS equipment was operational when the station was in operation.

    8. Section 73.1745(a) of the Rules requires that, "No broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license," unless otherwise provided.
       Based on both field strength measurements and the direct method of
       power measurement, we find that Hubbard operated its system at
       nighttime with a transmitter power of at least 5002.4 watts, which is
       more than 10,000% of its authorized nighttime power, on November 22,
       23, and 24, 2009. Therefore, we find that Hubbard  apparently
       willfully and repeatedly violated Section 73.1745(a) of the Rules by
       operating overpower during nighttime hours on November 22, 23, and 24,
       2009.

    9. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in this section.  The public inspection file
       must be maintained at the main studio of the station, and must be
       available for public inspection at any time during regular business
       hours. During the November 24, 2009 inspection, WLLL was unable to
       make its public inspection file or any of the required contents of the
       file available for inspection. Hubbard's owner admitted that he had
       never maintained a public inspection file nor did he know what
       documents were required to be in the file. Based on the evidence
       before us, we find that Hubbard apparently willfully and repeatedly
       violated Section 73.3526 of the Rules by failing to maintain a public
       inspection file. We also find that Hubbard apparently willfully
       violated Section 73.3526 of the Rules by failing to make available a
       public inspection file.

   10. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amounts for not having operational EAS equipment
       installed, overpower nighttime operations, and not maintaining, and
       making available, a public inspection file are, respectively, $8,000,
       $4,000 and $10,000. In assessing the monetary forfeiture amount, we
       must also take into account the statutory factors set forth in Section
       503(b) (2) (E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, and history of prior offenses,
       ability to pay, and other such matters as justice may require.
       Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
       and the statutory factors to the instant case, we conclude that
       Hubbard is apparently liable for a $22,000 forfeiture.

   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,
       0.314 and 1.80 of the Commission's Rules, Hubbard Advertising Agency,
       Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of twenty-two thousand dollars ($22,000) for violations
       of Sections 11.35(a), 73.1745(a) and 73.3526 of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Hubbard Advertising
       Agency, Inc., SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   13. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank Federal Reserve Bank of New York, and
       account number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   If you have
       questions, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Hubbard Advertising Agency, Inc., will send electronic notification on
       the date said payment is made to SCR-Response@fcc.gov.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Norfolk Office
       1457 Mount Pleasant Rd, Suite 113, Chesapeake, Virginia 23322 and must
       include the NAL/Acct. No. referenced in the caption.

   15. 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 ("GAAP"); 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.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Hubbard Advertising Agency, Inc., at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Luther Bolden

   Resident Agent

   Norfolk Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a), 73.1745(a), 73.3526.

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

   Although it was not located in a public inspection file, Hubbard was able
   to locate a copy of its station license after 45 minutes of searching.

   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', when used with reference to the
   commission or omission of any act, 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he 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 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 11.21.

   47 C.F.R. S: 11.18.  State EAS plans contain guidelines that must be
   followed by broadcast and cable personnel, emergency officials and
   National Weather Service personnel to activate the EAS for state and local
   emergency alerts.  The state plans include the EAS header codes and
   messages to be transmitted by the primary state, local and relay EAS
   sources.

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

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

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

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

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S: 1.80.

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

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35(a),
   73.1745(a), 73.3526.

   See 47 C.F.R. S: 1.1914

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-783

                                       2

   Federal Communications Commission DA 10-783