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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-98-OR-320
)
Buchanan Broadcasting Company, Inc. )
Pearl, Mississippi ) NAL/Acct. No. 815OR0001
)
)
)
)
MEMORANDUM OPINION AND ORDER
Adopted: November 29, 2000 Released: December 1,
2000
By the Commission:
1. In this Memorandum Opinion and Order (``Order''), we
deny the application for review filed on March 27, 2000, by
Buchanan Broadcasting Company, Inc. (``Buchanan''), licensee of
Station WJNT(AM), Jackson, Mississippi. Buchanan seeks review of
the Enforcement Bureau's (``Bureau'') Memorandum Opinion and
Order (``MO&O'') released February 25, 2000.1 In the MO&O, the
Bureau reduced Buchanan's monetary forfeiture for willful and
repeated violations of Sections 73.49, 73.1560(a)(1), and
73.1745(a) of the Commission's Rules (``the Rules'')2 and the
terms of Station WJNT's authorization from $10,000 to $9,000 and
denied Buchanan's petition for reconsideration in all other
respects. For the reasons discussed below, we deny Buchanan's
application for review and affirm the monetary forfeiture amount
of $9,000.
BACKGROUND
2. While investigating a complaint about Station WJNT's
operations, on March 17 and 18, 1998, an agent from the
Commission's New Orleans, Louisiana, Field Office (``New Orleans
Office'') monitored the station's signal to determine its
relative output power. The agent's field strength measurements
on those dates showed that, contrary to the terms of WJNT's
license, there was no substantial change in WJNT's output power
or directional mode of operations from the middle of the
afternoon through the evening. Subsequently, on March 19,1998,
the agent conducted an inspection of the station's facilities.
3. Based on the foregoing investigation, the New Orleans
Office issued a Notice of Apparent Liability (``NAL'') to
Buchanan on July 28, 1998, in the amount of $18,000, for willful
and repeated violations of Sections 73.49 (inadequate fencing),
73.1560(a)(1) (failure to reduce nighttime power) and 73.1745(a)
(failure to change directional mode of operations at night) of
the Rules. In its August 26, 1998, response to the NAL, Buchanan
requested reduction of the forfeiture amount. In its March 22,
1999, Forfeiture Order,3 the former Compliance and Information
Bureau (``CIB'') reduced the forfeiture amount to $10,000 on the
basis of Buchanan's inability to pay a larger amount. In a
petition for reconsideration (``petition''), Buchanan sought
rescission or reduction of the portion of the forfeiture imposed
for violation of Section 73.49 of the Rules (inadequate fencing).
On February 25, 2000, the Bureau released its MO&O granting
Buchanan's petition only to the extent of reducing the overall
forfeiture to $9,000 and denying it in all other respects.
DISCUSSION
4. Buchanan seeks rescission of the forfeiture, but
focuses only on the portion of the forfeiture imposed for
violation of Section 73.49 of the Rules (inadequate tower
fencing). On review, Buchanan argues once again that WJNT's
antenna tower was inaccessible because of flooding and, thus, it
could not have repaired the fence around the tower. However,
Buchanan presents no evidence that it made any effort to make the
repairs. Moreover, we note that the Bureau took the limited
accessibility of WJNT's antenna tower into account when it
reduced Buchanan's forfeiture to $9,000. As a result of two
earlier reductions, Buchanan's forfeiture is half of the amount
originally proposed. Under all the circumstances of this case,
we find that no further reduction is warranted.
5. Upon careful review of the application for review and
the entire record in this case, we conclude that the Bureau
properly decided the matters raised below, and we uphold its
decision for the reasons indicated above as well as the reasons
set forth in the Bureau's February 25, 2000, MO&O.
IV. ORDERING CLAUSES
6. ACCORDINGLY, IT IS ORDERED that, pursuant to section
1.115(g) of the Rules,4 Buchanan Broadcasting Company, Inc.'s
application for review of the MO&O released February 25, 2000, IS
DENIED.
7. IT IS FURTHER ORDERED that, pursuant to Section 503(b)
of the Act5 and Section 1.80(f) of the Rules,6 Buchanan
Broadcasting Company, Inc., shall, within 30 days of the release
of this Order, pay the amount of $9,000 for willful and repeated
violations of Sections 73.49, 73.1560(a)(1), and 73.1745(a) of
the Rules and the terms of the WJNT station authorization.
Payment of the forfeiture shall be made in the manner provided
for in Section 1.80 of the Rules within 30 days of the release of
this Order. If the forfeiture is not paid within the period
specified, the case may be referred to the Department of Justice
for collection pursuant to Section 504(a) of the Act.7 Payment
may be made by mailing a check or similar instrument, payable to
the order of the ``Federal Communications Commission,'' to the
Federal Communications Commission, P.O. Box 73482, Chicago,
Illinois 60673-7482. The payment should note the NAL/Acct. No.
815OR0001, referenced above. Requests for full payment under an
installment plan should be sent to: Chief, Credit and Debt
Management Center, 445 12th Street, S.W., Washington, D.C.
20554.8
8. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent certified mail, return receipt requested, to Buchanan `s
counsel, Peter Gutman, Esq., Pepper & Corrazini, 1776 K Street,
N.W., Suite 200, Washington, D.C. 20006.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 15 FCC Rcd. 4360 (Enf. Bur. 2000).
2 47 C.F.R. §§ 73.1560(a)(1), 73.1745(a), and 73.49.
3 14 FCC Rcd 5171 (Compl. & Inf. Bur. 1999).
4 47 C.F.R. § 1.115(g).
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80(f).
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.