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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of             )                                 
                                                                    
     Entertainment Media Trust    )                                 
                                                                    
     Dennis J. Watkins, Trustee   )                                 
                                                                    
     Licensee of Station WQQX     )     EB-10-CG-0080               
                                                                    
     East St. Louis, Illinois     )     NAL/Acct. No. 201132320003  
                                                                    
     Facility ID # 72815          )     FRN: 0014655476             
                                                                    
     Licensee of Station WQQW     )                                 
                                                                    
     Highland, Illinois           )                                 
                                                                    
     Facility ID # 90598          )))                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 18, 2011 Released: May 19, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Entertainment Media Trust, Dennis J. Watkins, Trustee,
       ("Entertainment Media Trust"), licensee of AM Stations WQQX, East St.
       Louis, Illinois and WQQW, Highland, Illinois, apparently willfully and
       repeatedly violated section 73.3526  of the Commission's Rules
       ("Rules") by failing to maintain and make available local public
       inspection files for Stations WQQW and WQQX. We conclude that
       Entertainment Media Trust is apparently liable for a forfeiture in the
       amount of twenty-four thousand dollars ($24,000).

   II. BACKGROUND

    2. On April 20, 2010, in response to a complaint regarding possible rule
       violations, an agent from the Enforcement Bureau's Chicago Office
       conducted an inspection of co-located Stations WQQX and WQQW at the
       stations' main studio in Belleville, Illinois. The agent conducted the
       inspection with the stations' general manager and broadcast
       consultant. The agent found that neither station was maintaining a
       local public inspection file. When asked about the stations' public
       inspection files, station personnel were only able to produce
       ownership reports from 2008.

   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 states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A TV 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 regular business hours on April 21, 2010, an agent
       inspected Stations WQQX and WQQW and found that neither station was
       maintaining a public inspection file, and, accordingly, could not make
       such file available for inspection. Based on the evidence before us,
       we find that Entertainment Media Trust apparently willfully violated
       section 73.3526 of the Rules by failing to make available public
       inspection files for Stations WQQX and WQQW and willfully and
       repeatedly violated section 73.3526 of the Rules by failing to
       maintain complete public inspection files for those stations.

    5. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for each violation of
       the public file 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
       Entertainment Media Trust  is apparently liable for a forfeiture in
       the amount of $24,000 ($12,000 for Station WQQX and $12,000 for WQQW).
       Our decision to upwardly adjust the base forfeiture amount by $2,000
       for each station is influenced by our finding in another enforcement
       action issued today involving an inspection of two other stations
       owned by Entertainment Media Trust on the same day as the inspection
       here. That inspection found additional public inspection file
       violations at both stations, raising concerns that Entertainment Media
       Trust may have a systematic compliance issue with the Commission's
       public inspection file rules. We strongly encourage Entertainment
       Media Trust to review those rules closely and ensure that all of its
       facilities are in compliance.

   IV. ORDERING CLAUSES

    6. 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, Entertainment Media Trust,
       Dennis J. Watkins, Trustee, is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE in the amount of twenty-four thousand
       dollars ($24,000) for violations of section 73.3526 of the Rules.

    7. 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, Entertainment Media
       Trust, Dennis J. Watkins, Trustee, SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

    8. 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.  20554.8   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, Entertainment Media Trust 
       shall send electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

    9. 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, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Northeast Region, Chicago Office,  1550 North Northwest
       Highway, Room 306, Park Ridge, Illinois 60068 and must include the
       NAL/Acct. No. referenced in the caption. The statement should also be
       emailed to NER-Response@fcc.gov.

   10. 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.

   11. 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 Entertainment Media Trust, Dennis J.
       Watkins, Trustee,  at 6500 W. Main Street, Suite 315, Belleville, IL
       62223.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago Office

   Northeast Region

   Enforcement Bureau

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

   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."), recon. denied, 7 FCC Rcd 3454 (1992).

   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(b).

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

   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).

   Entertainment Media Trust, Dennis J. Watkins, Trustee, Notice of Apparent
   Liability, DA 11- 900 (Enf. Bur. rel. May 19, 2011).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-902

                                       4

   Federal Communications Commission DA 11-902