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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
     In the Matter of                    )                               
                                                                         
     Meade County Communications, Inc.   )   File No. EB-10-CG-0638      
                                                                         
     Licensee of Station WMMG            )   NAL/Acct. No. 201232320001  
                                                                         
     Brandenburg, Kentucky               )   FRN: 0003762333             
                                                                         
     Facility ID # 40927                 )                               
                                                                         
                                         )                               


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: October 12, 2011 Released: October 14, 2011

   By the District Director, Chicago Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that Meade County Communications, Inc. ("Meade"), licensee of
       AM Station WMMG, in Brandenburg, Kentucky, apparently willfully and
       repeatedly violated section 73.3526(e)(12)  of the Commission's Rules
       ("Rules") by failing to maintain and make available the issues/program
       lists in the public inspection file. We conclude that Meade is
       apparently liable for a forfeiture in the amount of ten  thousand
       dollars ($10,000). We further direct Meade to submit a written
       statement signed under penalty of perjury stating that Station WMMG is
       now in compliance with section 73.3526 of the Rules.

   II. BACKGROUND

    2. On August 18, 2010, an agent from the Enforcement Bureau's Chicago
       Office conducted an inspection at Station WMMG's main studio, located
       at 1715 Bypass Drive in Brandenburg, Kentucky. The agent reviewed the
       materials in Station WMMG's public inspection file and found that the
       file did not contain any quarterly issues/programs lists for the
       current license term, i.e., it was missing 24 quarters of
       issues/programs lists. Station staff was able to locate several
       documents that they claimed reflected local issues that were addressed
       in their programming, but those documents were not in the public
       inspection file and were not in the format required by the
       Commission's Rules.

   III. DISCUSSION

    3. Section 503(b) of the Communications Act of 1934, as amended ("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. Section
       312(f)(1) of the Act defines willful as the "conscious and deliberate
       commission or omission of [any] act, irrespective of any intent to
       violate" the law. The legislative history to section 312(f)(1) of the
       Act clarifies that this definition of willful applies to both section
       312 and 503(b) of the Act and the Commission has so interpreted the
       term in the section 503(b) context. The Commission may also assess a
       forfeiture for violations that are merely repeated, and not willful.
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day.

    4. 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 specifies that the
       file shall be available for public inspection at any time during
       regular business hours, and section 73.3526(e)(12) of the Rules
       specifically requires licensees to place in their public inspection
       file each calendar quarter a list of programs that have provided the
       station's most significant treatment of community issues during the
       preceding three month period (known as the issues/programs list). The
       issues/programs lists must include "a brief narrative describing what
       issues were given significant treatment and the programming that
       provided this treatment," including, but not limited to, the time,
       date, duration, and title of each program in which the issue was
       treated. Copies of the issues/programs list must be retained in the
       public inspection file until final action has been taken on the
       station's next license renewal application.

    5. On August 18, 2010, an agent reviewed Station WMMG's public inspection
       file and found that it did not have any quarterly issues/programs
       lists for the current license term. The documents provided to the
       agent during the inspection did not constitute issues/programs lists
       and, in any event, were not in the public file. Accordingly, based on
       the evidence before us, we find that Meade apparently willfully and
       repeatedly violated section 73.3526(e)(12) of the Rules by failing to
       maintain the issues/programs lists and make them available in Station
       WMMG's public inspection file.

    6. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for violation of public
       files rules is $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
       Meade  is apparently liable for a forfeiture of $10,000.

    7. We direct Meade to submit a statement signed under penalty of perjury
       by an officer or director of Meade stating: (1) the Radio
       issues/program lists are being compiled, and (2) the Radio
       issues/program lists are being placed in the public inspection file by
       the tenth day of the succeeding calendar quarter. This statement must
       be provided to the Chicago Office at the address listed in paragraph
       12 within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204(b),
       0.311, 0.314 and 1.80 of the Commission's Rules, Meade County
       Communications, Inc., is hereby NOTIFIED of this APPARENT LIABILITY
       FOR A FORFEITURE in the amount of ten  thousand dollars ($10,000) for
       violation of section 73.3526(e)(12) of the Rules.

    9. 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 and Order, Meade County
       Communications, Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   10. IT IS FURTHER ORDERED that Meade County Communications, Inc. SHALL
       SUBMIT a sworn statement as described in paragraph 7 to the
       Enforcement Bureau Office listed in paragraph 12 within thirty (30)
       days of the release date of this Notice of Apparent Liability for
       Forfeiture and Order.

   11. 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 TREAS/NYC, 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, Meade County Communications,
       Inc.  will send electronic notification on the date said payment is
       made to NER-Response@fcc.gov.

   12. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Chicago Office, 1550 North Northwest Highway, Room 306, Park
       Ridge, IL 60068 and include the NAL/Acct. No. referenced in the
       caption. Meade County Communications, Inc. also shall email the
       written response to NER-Response@fcc.gov.

   13. 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.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to Meade County Communications,
       Inc., at P.O. Box 505, Brandenburg, KY 40108-0505.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.3626(e)(12).

   The current license term began when the license renewal application was
   granted on July 26, 2004. See BR-20040331ANF.

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
   California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   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: 73.3526(a)(2).

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

   47 C.F.R. S: 73.3526(e)(12).

   Id.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), 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, 0.204(b), 0.311, 0.314, 1.80,
   73.3516(e)(12).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1704

                                       4

   Federal Communications Commission DA 11-1704