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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Debut Broadcasting Mississippi, Inc. Licensee of Station
   WNLA-AM Indianola, MS Owner of Antenna Structure No.: 1042309 Indianola,
   MS ) ) ) ) ) ) ) ))) File No.: EB-11-OR-0141 NAL/Acct. No.: 201232620002
   FRN: 0016290595 Facility ID No.: 59971




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: June 12, 2012 Released: June 12, 2012

   By the District Director, New Orleans Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Debut Broadcasting Mississippi, Inc. (Debut
       Broadcasting), licensee of Station WNLA-AM and owner of antenna
       structure number 1042309 (the Antenna Structure) in Indianola,
       Mississippi, apparently willfully and repeatedly violated Section
       303(q) of the Communications Act of 1934, as amended (Act) and
       Sections 17.48, 17.51, and 73.1745  of the Commission's rules (Rules)^
       by failing to: (1) notify the Federal Aviation Administration (FAA)
       immediately of a known lighting outage; (2) exhibit required antenna
       structure lighting; and (3) operate its station within authorized
       power limitations. We conclude that Debut Broadcasting is apparently
       liable for a forfeiture in the amount of fourteen  thousand dollars
       ($14,000). In addition, we direct Debut Broadcasting to submit no
       later than thirty (30) calendar days from the date of this NAL a
       statement signed under penalty of perjury that it is operating Station
       WNLA-AM in compliance with the terms of its station authorization and
       the Antenna Structure's lighting requirements.

   II. BACKGROUND

    2. Station WNLA-AM is authorized to operate with 500 watts during the day
       and increasingly reduced power at night.^ On November 7, 2011, in
       response to a complaint, agents from the Enforcement Bureau's New
       Orleans Office (New Orleans Office) took field strength measurements
       of Station WNLA-AM's transmissions from approximately the same
       location at 5:08 p.m., 6:30 p.m., and 7:05 p.m., local time. The
       agents observed no change in field strength at those times. The agents
       also observed that the lights on the Antenna Structure were not
       exhibited after sunset.^

    3. On November 8, 2011, agents from the New Orleans Office measured the
       field strength of Station WNLA-AM's transmissions before and after
       sunset from the same location used the previous night and observed no
       change in field strength.^ The agents again observed that the lights
       on the Antenna Structure were not exhibited after sunset.^

    4. On November 9, 2011, an agent from the New Orleans Office determined
       that Debut Broadcasting had not contacted the FAA and that a Notice to
       Airmen (NOTAM) regarding the Antenna Structure's light outage had not
       been issued.^ That same day, agents from the New Orleans Office
       inspected Station WNLA-AM's main studio. During the inspection,
       station personnel admitted to the agents that they knew the lights on
       the Antenna Structure were out. The agents also measured the field
       strength of the Station's transmissions with the transmitter in
       daytime and nighttime modes from the same location as the previous
       measurements on November 7 and 8, 2011. The measured field strength of
       Station WNLA-AM's transmissions on November 7 and 8, 2011 were
       approximately the same value as the field strength measurement taken
       when the transmitter was in daytime mode, and more than three times
       the value of nighttime mode, thus indicating that Station WNLA-AM was
       operating overpower at night.

   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.^

   A. Failure to Exhibit Required Obstruction Lighting on the Antenna
   Structure and to Notify the FAA of a Lighting Outage

    6. Section 303(q) of the Act states that antenna structure owners shall
       maintain the painting and lighting of antenna structures as prescribed
       by the Commission.^ Section 17.51(a) of the Rules requires all red
       obstruction lighting to be exhibited from sunset to sunrise unless
       otherwise specified.^ Section 17.48 of the Rules requires antenna
       structure owners to notify the FAA immediately of any known
       extinguishment of any top steady burning light or any flashing
       obstruction light, regardless of its position, not corrected within 30
       minutes.^ The Antenna Structure is 97.5 meters above ground in overall
       height and, thus, is required to be painted and lit.^ On November 7
       and 8, 2011, agents from the New Orleans Office observed that no
       lighting on the Antenna Structure was exhibited after sunset. During
       the inspection on November 9, 2011, station personnel admitted to the
       agents that they were aware of the lighting outage. On November 9,
       2011, an agent confirmed that Debut Broadcasting had not notified the
       FAA of this outage. Therefore, based on the evidence before us, we
       find that Debut Broadcasting apparently willfully and repeatedly
       violated Section 303(q) of the Act, and Sections 17.48 and 17.51 of
       the Rules by failing to exhibit required red obstruction lighting on
       the Antenna Structure after sunset and failing to notify the FAA
       immediately of a known prolonged outage.

     A. Failure to Operate with Authorized Power Limitations

    7. Section 73.1745(a) of the Rules requires that no broadcast station
       shall operate at times, or with modes or power, other than those
       specified and made a part of the license.^ Station WNLA-AM is
       authorized to operate with 500 watts during the day and increasingly
       reduced power at night.^ On November 7 and 8, 2011, agents from the
       New Orleans Office monitored Station WNLA-AM and observed no change in
       the measured field strength, indicating that Station WNLA-AM was
       operating with its daytime power of 500 watts at night. Based on the
       evidence before us, we find that Debut Broadcasting  apparently
       willfully and repeatedly violated Section 73.1745 of the Rules by
       failing to operate within authorized power limits.

    C. Proposed Forfeiture Amount and Reporting Requirement

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for failing to comply
       with antenna structure prescribed lighting  is $10,000, and the base
       forfeiture amount for exceeding power limits 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.^   Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Debut Broadcasting is apparently liable
       for a total forfeiture of $14,000, consisting of the following:
       $10,000 for violation of antenna structure lighting requirements and
       $4,000 for overpower operations.

    9. We direct Debut Broadcasting to submit a written statement, pursuant
       to Section 1.16 of the Rules,^ in addition to any statement it might
       submit pursuant to paragraph 14, signed under penalty of perjury by an
       officer or director of Debut Broadcasting stating that it is currently
       reducing Station WNLA-AM's transmitter power at night as required and
       that the lights on the Antenna Structure have been restored. If the
       lights on the Antenna Structure have not been restored, Debut
       Broadcasting's statement shall provide a timeframe for lighting
       restoration, and Debut Broadcasting shall continue to notify the FAA
       of the lighting outage to ensure an active NOTAM is in place. This
       statement must be provided to the New Orleans Office at the address
       listed in paragraph 12 within thirty (30) calendar days of the release
       date of this NAL.

   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,
       0.311, 0.314 and 1.80 of the Commission's rules, Debut Broadcasting
       Mississippi, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of fourteen  thousand dollars ($14,000) for
       violations of Section 303(q) of the Act and Sections 17.48, 17.51, and
       73.1745  of the Commission's rules.^

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Debut Broadcasting Mississippi, Inc. 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 Debut Broadcasting Mississippi, Inc. SHALL
       SUBMIT a statement as described supra in paragraph 9 to the New
       Orleans Office within thirty (30) calendar days of the release date of
       this Notice of Apparent Liability for Forfeiture and Order. The
       statement must be mailed to Federal Communications Commission,
       Enforcement Bureau, South Central Region, New Orleans Office, 2424
       Edenborn Avenue, Suite 460, Metairie, LA 70001. Debut Broadcasting
       Mississippi, Inc. shall also e-mail the written statement to
       [1]SCR-Response@fcc.gov.

   13. The payment must be made by check or similar instrument, wire
       transfer, or credit card, and must include the Account Number and FRN
       referenced above. Regardless of the form of payment, a completed FCC
       Form 159 (Remittance Advice) must also be submitted.  An FCC Form 159
       may be obtained at [2]http://www.fcc.gov/Forms/Form159/159.pdf. When
       completing the FCC Form 159, enter the Account Number in block number
       23A (call sign/other ID) and enter the letters "FORF" in block number
       24A (payment type code).  Payment by check or money order must be made
       payable to the order of the Federal Communications Commission.  Such
       payments 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. 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 regarding payment procedures, please contact the Financial
       Operations Group Help Desk at 1-877-480-3201 or E-mail:
       [3]ARINQUIRIES@fcc.gov. Debut Broadcasting Mississippi, Inc. will also
       send electronic notification on the date said payment is made to
       SCR-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, South
       Central Region, New Orleans Office,  2424 Edenborn Avenue, Suite 460,
       Metairie, LA 70001, and include the NAL/Acct. No. referenced in the
       caption. Debut Broadcasting Mississippi, Inc.  also shall email the
       written response to  SCR-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 Debut Broadcasting
       Mississippi, Inc. at 1101 Cherry Avenue, Suite B, Nashville, TN 32703.

   FEDERAL COMMUNICATIONS COMMISSION

   Walter Gernon

   District Director

   New Orleans Office

   South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 303(q); 47 C.F.R. SS 17.48, 17.51, 73.1745.

   ^ Station WNLA-AM operates at night pursuant to Post-Sunset Authority. In
   the month of November, Station WNLA-AM must reduce power to 70 watts at
   5:00 p.m. (Central Standard Time (CST)), 36 watts at 5:30 p.m. (CST), and
   26 watts at 6:00 p.m. (CST). See Revised Parameter for Operation under
   Post-Sunset Authority for Facility ID number 59971, dated February 28,
   2007.

   ^ Local sunset was 5:06 p.m. on November 7, 2011.

   ^ Agents monitored the Station between 4:30 p.m. and 5:30 p.m., local
   time.

   ^ Local sunset was 5:06 p.m. on November 8, 2011.

   ^ A NOTAM was issued by the FAA on November 9, 2011 at the agent's
   request.

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

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 U.S.C. S 303(q).

   ^ 47 C.F.R. S 17.51(a).

   ^ 47 C.F.R. S 17.48.

   ^ See Antenna Structure Registration database for antenna structure number
   1042309. See also 47 C.F.R. S 17.21 (requiring antenna structures more
   than 60.96 meters in height to be painted and lighted).

   ^ 47 C.F.R. S 73.1745(a).

   ^ See supra note 2.

   ^ 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. SS 303(q), 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80, 17.48, 17.51, 73.1745.

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

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-920

                                       5

   Federal Communications Commission DA 12-920

References

   Visible links
   1. mailto:SCR-Response@fcc.gov
   2. http://www.fcc.gov/Forms/Form159/159.pdf
   3. mailto:ARINQUIRIES@fcc.gov