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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                          )                               
                                                                          
     In the Matter of                     )                               
                                              File No. EB-08-NF-0101      
     CRS Radio Holding Inc.               )                               
                                              NAL/Acct. No.               
     Licensee of Radio Station WFBX(AM)   )   201132640002                
                                                                          
     Spring Lake, North Carolina          )   FRN  0004202685             
                                                                          
     Facility ID: 19875                   )                               
                                                                          
                                          )                               


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: June 1, 2011 Released: June 2, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that CRS Radio Holding Inc.  ("CRS"), licensee of Station WFBX
       (AM), in Spring Lake North Carolina, apparently willfully  violated
       section 11.35 of the Commission's rules ("Rules") by failing to ensure
       that emergency alert system ("EAS") equipment was operational. We
       conclude that CRS is apparently liable for a forfeiture in the amount
       of eight thousand dollars ($8,000) and direct the company to submit a
       statement signed under penalty of perjury by an officer or director
       stating that Station WFBX(AM) currently has operational EAS equipment
       installed as required pursuant to section 11.35.

   II. BACKGROUND

    2. On October 28, 2008, in response to a complaint that the station had
       been without operational EAS equipment for more than a year, an agent
       from the Enforcement Bureau's Norfolk Office ("Norfolk Office")
       inspected Station WFBX's main studio in Fayetteville, North Carolina.
       Station WFBX's main studio was co-located with the main studio for
       co-owned Station WFAY. The agent observed that Station WFBX did not
       have any EAS equipment located in the room which contained the
       station's control equipment. Moreover, the EAS equipment for Station
       WFAY was not operational, because it was turned off and was not
       connected to an antenna. None of the staff at Station WFBX could
       produce any EAS logs or other evidence that any weekly or monthly EAS
       tests had been sent or received. Staff members for Station WFAY and
       Station WFBX stated that both stations had been without EAS equipment
       since the stations relocated to the current main studio. Stations WFBX
       and WFAY notified the Commission in letters dated May 14, 2008 that
       their studio locations had changed to the current main studio in
       Fayetteville.

   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 11.35 of the Rules states that "Broadcast stations... are
       responsible for ensuring that 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..." On October 28, 2008, an agent from the Norfolk Office
       observed that Station WFBX did not have any operational EAS equipment
       installed when the station was in operation. The station also did not
       have any EAS logs indicating when EAS equipment was installed or
       removed or any records that any EAS tests had been sent or received.
       Staff members from Stations WFAY and WFBX said that both stations had
       been without operational EAS equipment since the studios relocated to
       their current location. Station WFBX relocated to the current main
       studio before May 14, 2008. Because CRS consciously operated Station
       WFBX without EAS equipment for more than one day, we find the apparent
       violations to be willful and repeated. Based on the evidence before
       us, we find that CRS apparently willfully and repeatedly violated
       section 11.35 of the Rules by failing to install operational EAS
       equipment while the station was in operation.

    5. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for EAS equipment not
       installed or not operational is $8,000. 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 CRS is apparently liable for a  total  forfeiture of $8,000.

    6. We direct CRS Radio to submit a statement signed under penalty of
       perjury by an officer or director of CRS Radio stating that it
       currently has operational EAS equipment installed for Station WFBX(AM)
       as required pursuant to section 11.35 of the Rules. This statement
       must be provided to the Norfolk Office at the address listed in
       paragraph 11 within thirty days of the release date of this Notice of
       Apparent Liability for Forfeiture and Order.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.204,
       0.311, 0.314 and 1.80 of the Commission's Rules, CRS Radio Holding
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of eight thousand dollars ($8,000) for violation of section
       11.35 of the Rules.

    8. 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, CRS Radio
       Holding Inc.  SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

    9. IT IS FURTHER ORDERED that, within fifteen days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order, CRS Radio
       Holding Inc. SHALL SUBMIT a sworn statement as described in paragraph
       6 to the Norfolk Office listed below.

   10. 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 regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, CRS
       will send electronic notification on the date said payment is made to 
       SCR-Response@fcc.gov.

   11. 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, South
       Central  Region, Norfolk Office; 1457 Mount Pleasant Road Suite 113;
       Chesapeake VA 23322 and include the NAL/Acct. No. referenced in the
       caption. CRS also shall email the written response to 
       SCR-Response@fcc.gov.

   12. 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.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and regular mail, to CRS Radio Holding Inc C/O
       Putbrese Hunsaker & Trent, P.C.; 200 South Church Street; Woodstock,
       Virginia 22664.

   FEDERAL COMMUNICATIONS COMMISSION

   Joseph P Husnay, Resident Agent

   Norfolk Office

   South Central Region

   Enforcement Bureau

   At the time of the inspection, WCIE-AM, INC. was listed as the licensee
   for Station WFBX. See file number BL-20040831ACQ. After the inspection,
   the name of the licensee for Station WFBX was changed to CRS Radio Holding
   Inc. The change was administrative; ownership of Station WFBX did not
   change. CRS Radio Holding Inc. is currently listed as the licensee for
   Station WFBX. See file number BL-20040831ACQ.

   47 C.F.R. S: 11.35.

   See 47 C.F.R. S: 11.35 (requiring EAS participants to log when EAS
   equipment is removed for repair and restored to service and to keep
   records when EAS tests are failed to be received).

   See Letters from Todd A. Steiner, Counsel for CRS Radio Holding Inc., to
   Marlene H. Dortch, Secretary, Federal Communications Commission, dated May
   14, 2008.

   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) recon. denied, 7
   FCC Rcd 3454 (1992) ("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: 11.35.

   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, 0.311, 0.314, 1.80,
   11.35.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-978

                                       2

   Federal Communications Commission DA 11-978