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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                File No.: EB-10-DT-0039      
     R. J.'s Late Night Entertainment       )                                
     Corporation                                NAL/Acct. No.: 201232360002  
                                            )                                
     Licensee of Station WHPR-FM                FRN: 0011011509              
                                            )                                
     Highland Park, Michigan                    Facility ID No. 54428        
                                            )                                
                                                                             
                                            )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: October 21, 2011 Released: October 24, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that R.J.'s Late Night Entertainment Corporation ("R.J."),
       licensee of Non-Commercial Educational ("NCE") Class D Station
       WHPR-FM, in Highland Park,  Michigan (the "Station"), apparently
       willfully and repeatedly violated: (1) section 11.35(a) of the
       Commission's Rules ("Rules") by failing to maintain operational EAS
       equipment; (2) section 73.1690(b)(2) of the Rules for moving the
       Station's transmitter without Commission authorization; and (3)
       section 73.3527(b)(1) of the Rules by failing to maintain and make
       available a local public inspection file.  We conclude that R.J. is
       apparently liable for a forfeiture in the amount of twenty-two 
       thousand dollars ($22,000). We further direct R.J. to submit a written
       statement signed under penalty of perjury stating that Station WHPR-FM
       is now in compliance with sections 11.35(a) and 73.3527(b)(1) of the
       Rules.

   II. BACKGROUND

    2. On March 8, 2010, in response to two complaints, an agent from the
       Enforcement Bureau's Detroit Office commenced an investigation into
       the operation of Station WHPR-FM. Using direction- finding techniques,
       the agent determined that R.J. was operating Station WHPR-FM from a
       transmitter location approximately .46 miles (20 Seconds South and 19
       Seconds East) from its authorized transmitter location.

    3. On March 12, 2010, agents conducted an inspection at Station WHPR-FM's
       main studio, located at 160 Victor Street in Highland Park, Michigan.
       During the inspection, agents found that the Station did not have a
       public inspection file. The agent also observed that the Station had
       not installed any emergency alert system ("EAS") equipment, though an
       EAS decoder was found by station staff in a closet.

    4. On June 17, 2010, the Detroit Office issued a Letter of Inquiry 
       ("LOI") requesting information regarding Station WHPR-FM's transmitter
       location, EAS equipment, and public inspection file. On August 3,
       2010, the Detroit Office received a reply to the LOI from R.J.'s
       President. In the LOI Response, R.J. explained that they had moved
       their transmitter in July 2009, and mistakenly believed that the short
       distance of the move did not require FCC authorization. R.J. further
       admitted that they did not have the required EAS equipment and that
       they had not been maintaining a public inspection file since the
       public library, where they previously maintained their public file,
       closed "several years ago."

   III. DISCUSSION

    5. 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 sections
       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.

    6. EAS Equipment. Section 11.35(a) of the Rules states that broadcast
       stations "are responsible for ensuring that the 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 and
       systems are in operation." Section 11.11(b) of the Rules specifies
       that Class D NCE stations are only required to install EAS decoders.
       During the March 12, 2010, inspection, the agent observed that R.J.
       had not installed the required EAS decoder equipment. In their LOI
       Response, R.J. admitted that WHPR-FM had not installed an EAS decoder,
       which R.J. acknowledged is required by all Class D NCE stations.
       Accordingly, we find that R.J. willfully and repeatedly violated
       section 11.35(a) of the Rules by failing to install an EAS decoder at
       Station WHPR-FM.

    7. Modification of Transmission Systems. Section 73.1690(b) of the Rules,
       in relevant part, states:

   The following changes may be made only after the grant of a construction
   permit application on FCC Form 301 for commercial stations or Form 340 for
   noncommercial educational stations: . . .

   (2) Any change in station geographic coordinates, including coordinate
   corrections of more than 3 seconds latitude and/or 3 seconds longitude. FM
   and TV directional stations must also file a construction permit
   application for any move of the antenna to another tower structure located
   at the same coordinates.

   On March 8, 2010, using direction-finding techniques, an agent from the
   Detroit Office determined that R.J. was transmitting from a location 20
   Seconds South and 19 Seconds East of Station WHPR-FM's authorized
   location. In their LOI Response, R.J. admitted to moving their transmitter
   to the unauthorized location in July 2009. Although R.J. claimed that it
   did not believe that prior FCC authorization was required for what it
   believed was a "minimal" move, we note that it is well established that a
   violator's lack of knowledge or erroneous beliefs does not excuse the
   violation nor serve as a mitigating factor warranting a forfeiture
   reduction. Furthermore, although R.J. has since filed a modification
   application to reflect its new transmitter site, which the Commission
   granted in October of last year, this subsequent remedial action does not
   nullify or excuse the licensee's rule violation. Accordingly, we find that
   R.J. willfully and repeatedly violated section 73.1690(b)(2) of the Rules
   by failing to obtain prior FCC authorization to move their transmitter to
   a new location.

    8. Public Inspection File. Section 73.3527(a)(2) of the Rules requires
       non-commercial educational broadcast stations to maintain for public
       inspection a file containing materials listed in that section.
       Furthermore, section 73.3527(b)(1) requires that the public file be
       maintained at the station's main studio, and section 73.3527(c)(1) of
       the Rules specifies that the file shall be available for public
       inspection at any time during regular business hours.  On March 12,
       2010, when agents from the Detroit Office asked to inspect the public
       inspection file at Station WHPR-FM's main studio during normal
       business hours, station staff was not able to produce a public
       inspection file. In their LOI Response, R.J. reported that it had not
       maintained a public file since the public library, where they
       previously maintained their public file, closed "several years ago."
       Accordingly, we find that R.J. willfully and repeatedly violated
       section 73.3527 of the Rules by failing to maintain and make available
       a local public inspection file.

    9. Proposed Action. Pursuant to the Commission's Forfeiture Policy
       Statement  and section 1.80 of the Rules, the base forfeiture amount
       for failing to have EAS equipment installed or operational is $8,000;
       operation at an unauthorized location is $4,000; and failing to
       maintain a public inspection file 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 R.J. is apparently liable for a total
       forfeiture of $22,000.

   10. We also direct R.J. to submit a statement, signed under penalty of
       perjury by an officer or director of R.J Late Night Entertainment
       Corporation, stating that it is currently maintaining a public
       inspection file that is in full compliance with the requirements under
       section 73.3527 of the Rules, and that it has installed and is
       maintaining an EAS decoder as required by section 11.35(a) of the
       Rules. This statement must be provided to the Detroit Office at the
       address listed in paragraph 15, infra, within thirty (30) days of the
       release date of this Notice of Apparent Liability for Forfeiture and
       Order.

   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, 0.204(b),
       0.311, 0.314, and 1.80 of the Commission's Rules, R.J.'s Late Night
       Entertainment Corporation is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE AND ORDER in the amount of twenty-two 
       thousand dollars ($22,000) for violations of sections 11.35(a),
       73.1690(b)(2), and 73.3527(b)(1)  of the Rules.

   12. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order, R.J's Late
       Night Entertainment Corporation SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   13. IT IS FURTHER ORDERED that R.J.'s Late Night Entertainment Corporation
       SHALL SUBMIT a sworn statement as described in paragraph 10 to the
       Enforcement Bureau Office listed in paragraph 15 within thirty (30)
       days of the release date of this Notice of Apparent Liability for
       Forfeiture and Order.

   14. 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, R.J.'s Late Night
       Entertainment Corporation  will send electronic notification on the
       date said payment is made to NER-Response@fcc.gov.

   15. 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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Detroit Office, 24897 Hathaway Street, Farmington Hills,
       Michigan, 48335-1552 and include the NAL/Acct. No. referenced in the
       caption. In addition, R.J.'s Late Night Entertainment Corporation 
       shall email the written response to NER-Response@fcc.gov.

   16. 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.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to R.J.'s Late Night Entertainment
       Corporation at 160 Victor Street, Highland Park, Michigan 48203.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   See 47 C.F.R. S:S: 11.35(a), 73.1690(b)(2), 73.3527(b)(1).

   See Letter of Inquiry from James Bridgewater, District Director, Detroit
   Office, Northeast Region, to R.J.'s Late Night Entertainment Corporation,
   dated June 17, 2010 ("LOI").

   See Letter from Henry Tyler, President, R.J.'s Late Night Entertainment,
   to James Bridgewater, District Director, Detroit Office, Northeast Region,
   dated August 3, 2010 ("LOI Response").

   In the LOI Response, R.J. reported that, on June 28, 2010, it filed an
   application for modification of its licensed facilities to reflect its new
   transmitter site. See id. at 2. The modification application was granted
   on October 26, 2010 (BPED20100625ADJ), and the license to cover was
   granted on May 6, 2011 (BPED20110419AAL).

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

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

   See 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, para. 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: 11.35(a).

   See 47 C.F.R. S: 11.11(b).

   See, e.g., Kenneth Paul Harris, Sr., 15 FCC Rcd 12933, 12935 (Enf. Bur.
   2000) (denying a mitigation claim of a broadcast licensee, stating that
   its ignorance of the law did not excuse the unauthorized transfer of the
   station); Maxwell Broadcasting Group, Inc., 8 FCC Rcd 784, 784 (MMB 1993)
   (denying a mitigation claim of a noncommercial broadcast licensee, stating
   that the excuse of "inadverten[ce], due to inexperience and ignorance of
   the rules . . . are not reasons to mitigate a forfeiture" for violation of
   the advertisement restrictions).

   See supra note 4.

   See, e.g., Rama Communications, Inc., Memorandum Opinion and Order, 23 FCC
   Rcd 18209 (Enf. Bur. 2008).

   See 47 C.F.R. S: 73.3527(a)(2).

   See 47 C.F.R. S: 73.3527(b)(1) & (c)(1).

   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.

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

   See 47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314,
   1.80, 11.35(a), 73.1690(b)(2), 73.3527(b)(1).

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

   See 47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1755

                                       2

   Federal Communications Commission DA 11-1755