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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
     In the Matter of                                                        
                                            )                                
     Mattoon Broadcasting Company                                            
                                            )   File Numbers: EB-10-CG-0282  
     Licensee of Stations WLBH and                                           
     WLBH-FM                                )   NAL/Acct. No.: 201132320002  
                                                                             
     Mattoon, Illinois                      )   FRN: 0003773595              
                                                                             
     Facility ID Nrs. 40702 and 40703       )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 2, 2011 Released: May 3, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Mattoon Broadcasting Company ("Mattoon Broadcasting"), licensee
       of Stations WLBH(AM) and WLBH-FM, in Mattoon, Illinois, apparently
       willfully and repeatedly violated section 73.49 of the Commission's
       Rules ("Rules") by failing to enclose Station WLBH's towers within
       effective locked fences or other enclosures and section 73.1125(a)  by
       failing to maintain a management and staff presence at the stations'
       main studio. We conclude that Mattoon Broadcasting is apparently
       liable for a forfeiture in the amount of fourteen  thousand dollars
       ($14,000).

   II. BACKGROUND

    2. On July 21, 2010, during normal business hours, an agent from the
       Enforcement Bureau's Chicago Office ("Chicago Office") attempted to
       inspect Stations WLBH and WLBH-FM at their main studio at 5746 E.
       Country Road 1000 N,  in Mattoon, Illinois. The agent found that the
       main studio building was locked and no one answered when the agent
       rang the doorbell. The agent called the stations' telephone number; no
       one answered and no voice mail system picked up. In the parking lot
       outside the main studio building, the agent observed two vehicles,
       both of which had flat tires.

    3. On the morning of July 22, 2010, the agent attempted to contact the
       stations by telephone and again no one answered and there was no voice
       mail. In the afternoon, the agent returned to the main studio to
       inspect the stations and found that the building was still locked. The
       agent rang the doorbell, knocked on the door, and still no response.
       The only cars parked in the parking lot were the two cars with flat
       tires observed the previous day. Before leaving the main studio, the
       agent tried, with no success, to reach someone at the station by
       telephone.

    4. After leaving the main studio on July 22, 2010, the agent inspected
       the series-fed, four-tower array used in the operation of AM Station
       WLBH. The agent observed that the fences surrounding each of the
       towers had either sections that were falling down or sections that
       were completely missing. In each case, the state of disrepair allowed
       unfettered access to the tower and there was no perimeter fence
       surrounding the property on which the towers were located.

    5. On July 30, 2010, James Livesay, President and General Manager of
       Mattoon Broadcasting, contacted the agent by telephone. Mr. Livesay
       conceded that the fencing around the four towers had deteriorated and
       stated that he would replace the fencing right away. With regard to
       staffing at the main studio, Mr. Livesay reported that the individual
       who is usually at the main studio has had a significant number of
       absences for medical tests. Mr. Livesay did not provide any other
       explanation for the absence of personnel at the main studio on July
       21, 2010 and July 22, 2010, and did not indicate to the agent that he
       had any other station employees.

   III. DISCUSSION

    6. 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) 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.

    7. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. The agent's inspection of Station WLBH's
       series-fed, four-tower array on July 22, 2010, revealed that none of
       the four towers was enclosed within an effectively locked fence or
       other enclosure. Mr. Livesay admitted to the agent that the fencing
       surrounding the towers had deteriorated. Accordingly, based on the
       evidence before us, we find that Mattoon Broadcasting apparently
       willfully and repeatedly violated section 73.49 of the Rules by
       failing to maintain Station WLBH's antenna towers within effective
       locked fences or other enclosures.

    8. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio. The Commission has interpreted section 73.1125
       (also known as the "Main Studio Rule") to require, among other things,
       that a licensee maintains a "meaningful management and staff presence"
       at its main studio. Specifically, the Commission has found that a main
       studio "must, at a minimum, maintain full time managerial and
       full-time staff personnel." Although management personnel need not be
       "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and...use the studio as a `home
       base.'" 

    9. On July 21 and July 22, 2010, when an agent attempted to conduct an
       inspection at the main studio of Stations WLBH and WLBH-FM, the agent
       found that the building was locked and there were no station personnel
       present. Moreover, although Mr. Livesay reported that the main studio
       usually is staffed by an individual who has had many absences due to
       medical tests, a single staff person at the main studio does not
       constitute a "meaningful management and staff presence." Accordingly,
       based on the evidence before us, we find that Mattoon Broadcasting
       apparently willfully and repeatedly violated section 73.1125(a) of the
       Rules by failing to maintain a full-time management and staff presence
       at the main studio for Stations WLBH and WLBH-FM during regular
       business hours.

   10. Pursuant to The Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount is $7,000 for violation
       of the AM fencing rule and $7,000 for violation of the main studio
       rule. 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, and the statutory factors to the
       instant case, we conclude that Mattoon Broadcasting is apparently
       liable for a  $14,000 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, Mattoon Broadcasting Company
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of fourteen  thousand dollars ($14,000) for violations of
       sections 73.49 and 73.1125(a) 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, Mattoon Broadcasting
       Company 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 check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/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.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Mattoon Broadcasting Company 
       will also send electronic notification on the date said payment is
       made to NER-Response@fcc.gov.

   14. 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. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Northeast Region, Chicago District Office, 1550 North Northwest
       Highway, Room 306, Park Ridge, IL 60068 and must include the NAL/Acct.
       No. referenced in the caption. An electronic copy shall be sent to
       NER-Response@fcc.gov.

   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 Mattoon Broadcasting Company at P.O.
       Box 1848, Mattoon, IL  61938-1848.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.49, 73.1125(a).

   The agent obtained Mr. Livesay's name from an application Mattoon
   Broadcasting filed with the FCC. The e-mail address provided in the
   application no longer was valid, but the agent obtained a telephone number
   for Mr. Livesay through additional research and left a voice mail message
   for him at that number on July 30, 2010.

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

   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: 73.49.

   47 C.F.R. S: 73.1125.

   Amendment of Section 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 F.C.C.R. 5024, 5026
   (1988), erratum issued, 3 FCC Rcd 5717 (1988) (correcting language in
   n.29).

   See Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order,
   6 FCC Rcd 3615, 3616 (1991) ("Jones Eastern") (noting that, "[t]his is not
   to say that the same staff person and manager must be assigned full-time
   to the main studio. Rather, there must be management and staff presence on
   a full-time basis during normal business hours to be considered
   `meaningful.'") clarified, 7 FCC Rcd 6800 (1992) ("Jones Eastern II"). See
   also Birach Broadcasting Corporation, Notice of Apparent Liability, 25 FCC
   Rcd 2635 (Enf.Bur. 2010).

   Jones Eastern II, 7 FCC Rcd at 6802.

   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, 0.311, 0.314, 1.80, 73.49,
   73.1125(a).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-810

                                       2

   Federal Communications Commission DA 11-810