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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                                
                                                                         
                                        )                                
     In the Matter of                       File No.: EB-10-CG-0743      
                                        )                                
     Hoosier Public Radio Corporation       NAL/Acct. No.: 201232320002  
                                        )                                
     Licensee of Station WRFM-FM            FRN: 0006402911              
                                        )                                
     Wilkinson, Indiana                     Facility ID No.: 173964      
                                        )                                
                                                                         
                                        )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: March 7, 2012 Released: March 8, 2012

   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 Hoosier Public Radio Corporation  (Hoosier), licensee of
       Non-Commercial Educational Station WRFM-FM, in Wilkinson,  Indiana
       (Station), apparently willfully and repeatedly violated Section
       73.1350(a) of the Commission's rules (Rules), by failing to maintain
       and operate its broadcast station in accordance with the terms of the
       Station's authorization. We conclude that Hoosier is apparently liable
       for a forfeiture in the amount of eight  thousand dollars ($8,000). We
       also direct Hoosier to submit a report, signed under penalty of
       perjury, regarding the status of the Station's operations.

   II. BACKGROUND

    2. The license for Station WRFM-FM authorizes Hoosier to operate a
       Non-Commercial Educational FM Station on 89.1 MHz in Wilkinson,
       Indiana. More specifically, the license provides that the Station's
       transmitter shall be located at the geographical coordinates of 39DEG
       52' 46" north latitude and 85DEG 38' 11" west longitude, which is in
       rural Brown Township, Hancock County, Indiana.

    3. On September 28, 2010, in response to a complaint, an agent from the
       Enforcement Bureau's Chicago Office (Chicago Office) commenced an
       investigation into the Station's operations. The agent traveled to the
       transmitter site authorized in the Station's license and found no
       transmission facilities of any kind. On September 30, 2010, the agent
       conducted an inspection with Martin Hensley, Hoosier's president and
       chief operator, at the Station's main studio and at the Station's
       authorized transmitter site. The agent found that the Station was
       operating from an antenna mounted on a farm silo at the approximate
       geographic coordinates of 39-o 50' 15" north latitude and 85-o 37' 30"
       west latitude in rural Jackson Township, Hancock County, Indiana
       (hereinafter referred to as the "Farm Silo" location), which is
       approximately three miles from the Station's authorized transmitter
       location. During the inspection, Mr. Hensley was not able to provide
       the agent a copy of a license authorizing the Station to operate from
       the Farm Silo. Mr. Hensley did provide the agent a copy of a letter,
       dated January 5, 2009, in which Hoosier advised the Commission that it
       had moved from its licensed facilities and requested authorization to
       locate its facilities temporarily at a nearby site. Hoosier could not
       provide proof that the letter was properly filed with the Commission.
       The Commission also has no record of receiving the January 5, 2009,
       letter and, according to the Commission's records, Hoosier has never
       been granted a Special Temporary Authorization (STA) to operate from
       the Farm Silo.

    4. On February 10, 2011, in response to a complaint from the Federal
       Aviation Administration (FAA) concerning harmful interference in
       Wilkinson, Indiana, an agent from the Chicago Office determined that
       the interfering signal was coming from the Station, which was still
       operating from the Farm Silo without an STA. On the following day, an
       agent from the Chicago Office contacted Mr. Hensley regarding the
       Station's continued unauthorized operation and advised Mr. Hensley
       that an STA was required to operate from the Farm Silo. Another agent
       from the Chicago Office conducted a follow-up investigation and found
       that the Station was still operating from the Farm Silo on February
       14, 2011.

    5. On February 16, 2011, Hoosier filed an STA request for authorization
       to operate from a nearby church. The FCC's Media Bureau granted the
       STA on February 17, 2011. On August 2, 2011, an agent monitored the
       frequency 89.1 MHz in Wilkinson, Indiana, and found that the Station
       was not broadcasting.

   III. DISCUSSION

    6. 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.

   A. Operating Station at an Unauthorized Location

    7. Section 73.1350(a) of the Rules states that each licensee is
       responsible for maintaining and operating its broadcast station in
       accordance with the terms of the station authorization. On September
       30, 2010, and on February 10 and 14, 2011, agents from the Chicago
       Office determined that Hoosier operated the Station from an
       unauthorized location without an STA. Because Hoosier consciously
       operated the station, we find that the violation was willful.
       Furthermore, because the unauthorized operation occurred on more than
       one day, we find that the violation was also repeated.  Based on the
       evidence before us, we conclude that Hoosier  apparently willfully and
       repeatedly violated Section 73.1350(a) of the Rules by failing to
       maintain and operate its broadcast station in accordance with the
       terms of its station authorization.

   B. Proposed Forfeiture and Reporting Requirement

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for construction or
       operation at an unauthorized location is $4,000. 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, any history of prior offenses, ability to pay, and other
       such matters as justice may require. We find that Hoosier's continued
       operation from an unauthorized location even after the FCC agent's
       inspection on September 30, 2010, which resulted in harmful
       interference to the FAA, constitutes egregious behavior warranting an
       upward adjustment of $4,000. Applying the Forfeiture Policy Statement,
       Section 1.80 of the Rules, and the statutory factors to the instant
       case, we conclude that Hoosier is apparently liable for a  total 
       forfeiture in the amount of $8,000.

    9. We also direct Hoosier to submit a written statement signed under
       penalty of perjury, pursuant to Section 1.16 of the Rules, by an
       officer or director of Hoosier, reporting on the status of the
       Station's operations (i.e., whether it is currently broadcasting; if
       not, an explanation as to why, and when, it has stopped broadcasting)
       and the location of its transmitter. This statement must be provided
       to the Chicago Office at the address listed in paragraph 14, below,
       within thirty (30) calendar days of the release date of this Notice of
       Apparent Liability for Forfeiture and Order.

   IV. ORDERING CLAUSES

   10. 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, Hoosier Public 
       Radio Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of eight thousand dollars ($8,000) for
       violation of Section 73.1350(a) of the Rules.

   11. 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, Hoosier
       Public Radio Corporation SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   12. IT IS FURTHER ORDERED that Hoosier Public Radio Corporation SHALL
       SUBMIT a sworn statement, as described in paragraph 10, to the
       Enforcement Bureau Office listed in paragraph 14 within thirty (30)
       calendar days of the release date of this Notice of Apparent Liability
       for Forfeiture and Order.

   13. 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
       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, Hoosier Public Radio
       Corporation  will 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. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Northeast
       Region, Chicago District Office,  1550 Northwest Highway, Suite 306,
       Park Ridge, IL 60068 and include the NAL/Acct. No. referenced in the
       caption. Hoosier Public Radio Corporation  also shall email the
       written response 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 and Order shall be sent by both Certified Mail, Return
       Receipt Requested and regular mail to Hoosier Public Radio Corporation
       at  15 Wood Street, Greenfield, Indiana 46140.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.1350(a).

   Letter from Martin Hensley to FCC Secretary (Jan. 5, 2009) (on file in
   EB-10-CG-0743). The letter did not identify the location of the new
   "nearby site."

   Hoosier replaced the transmitter and the interference to the FAA ceased.

   On November 4, 2011, the Commission granted Hoosier's request for
   extension of the STA, which is now set to expire on May 4, 2012. See
   BESTA-20110817AAB.

   Hoosier is being asked to report on the current status of its operations.
   See infra paragraph 9.

   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), recons. denied,
   7 FCC Rcd 3454 (1992).

   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."

   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"), recons. denied,
   15 FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314, 1.80,
   73.1350(a).

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

   (...continued from previous page)

                                                              (continued....)

                  Federal Communications Commission DA 12-350

                                       5

                  Federal Communications Commission DA 12-350