**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                    | ) | File Number EB-02-AT-092    |
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| Monroe Area Broadcasters, Inc.      | ) | NAL/Acct. No.20023248009    |
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| Licensee of AM Radio Station WRKQ   | ) | FRN 0003-7200-59            |
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| Madisonville, Tennessee             | ) |                             |
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+-------------------------------------+---+-----------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** June 27, 2002

By the Enforcement Bureau, Atlanta Office:

**I.** **INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture*, we find that
    Monroe Area Broadcasters, Inc. ("Monroe"), licensee of AM radio
    station WRKQ at Madisonville, Tennessee, willfully and repeatedly
    violated Sections 73.1745(a), 73.1201(a)(2), and 73.44(b) of the
    Commission\'s Rules ("Rules"),[^1] by operating with daytime power
    at night, failing to identify the station by call sign, and failing
    to sufficiently attenuate transmission system emissions by the
    amount prescribed in the Rules. We find Monroe Area Broadcasters,
    Inc. apparently liable for forfeiture in the amount of nine thousand
    dollars (\$9,000).

**II. BACKGROUND**

2.  On March 21, 2002, the FCC Enforcement Bureau's Atlanta Field Office
    ("Atlanta Office") received two complaints alleging that WRKQ was
    not reducing power at sunset, not identifying by call sign, and that
    the station's transmitter had spurious emissions which were
    interfering with other stations, including the reception of WWV on
    2.5 MHz. WRKQ is assigned the frequency 1250 kHz. Its second
    harmonic of 2.5 MHz falls on WWV's authorized frequency of 2.5 MHz.

3.  On May 14, 2002, an agent from the Atlanta Office monitored WRKQ's
    signal. Field strength measurements revealed that WRKQ did not
    reduce power at sunset as required by the station authorization.
    WRKQ remained at daytime power all night. Local sunset is 8:30 pm
    EDT in May. Also, spectrum analyzer measurements of WRKQ's second
    harmonic on 2.5 MHz revealed that it was attenuated 55 dB below the
    unmodulated carrier level. The Rules require attenuation of 70 dB
    for a 500-watt station. WRKQ also failed to identify by call sign
    between 7:00 and 10:00 pm EDT.

4.  On May 15, 2002, the agent again monitored WRKQ's signal. Field
    strength measurements revealed that WRKQ did not reduce power at
    sunset as required by the station authorization. WRKQ remained at
    daytime power all night. Again, spectrum analyzer measurements of
    WRKQ's second harmonic on 2.5 MHz revealed that it was attenuated 55
    dB below the unmodulated carrier level.

5.  On May 16, 2002, the agent inspected radio station WRKQ. Monroe's
    operator on duty admitted to operating with daytime power all night,
    stated that the station had received verbal authority from the FCC
    to do so, but had never received any written authorization. The
    agent advised the operator that the transmitter's second harmonic
    was not adequately attenuated and that the station had failed to
    identify by call sign during a three-hour period on May 14, 2002.

**III**. **DISCUSSION**

6.  Section 73.1745(a) of the Rules states that no broadcast station
    shall operate at times, or with modes or power, other than those
    specified and made part of the license. WRKQ operated with daytime
    power all night on May 14 and May 15, 2002. SS Section 73.1201(a)(2)
    of the Rules requires broadcast licensees to identify the station
    hourly by call sign, as close to the hour as possible, at a natural
    break in programming. WRKQ failed to identify by call sign from 7:00
    to 10:00 PM EDT on May 14, 2002. Section 73.44(b) requires that the
    emissions of an AM broadcast station that are removed by more than
    75 kHz from the carrier be attenuated at least 43 + 10 Log(Power in
    watts) or 80 dB below the unmodulated carrier level, whichever is
    the lesser attenuation. On May 14 and 15, 2002, WRKQ's second
    harmonic on 2.5 MHz was attenuated only 55 dB below the unmodulated
    carrier level. Previously, on June 4, 1998, the Atlanta Office
    issued to Monroe an Official Notice of Violation citing violation of
    Section 73.44(b) as a result of Monroe's failure to attenuate its
    second harmonic emissions.

7.  Based on the evidence before us, we find Monroe willfully[^2] and
    repeatedly[^3] violated Sections 73.1745(a), 73.1201(a), and
    73.44(b) of the Rules by operating with daytime power at night,
    failing to identify the station by call sign, and failing to
    attenuate transmission system emissions by the amount prescribed in
    the Rules.

8.  Pursuant to Section 1.80(b)(4) of the Rules,[^4] the base forfeiture
    amount for exceeding power limits is \$4,000, failure to identify is
    \$1,000, and unauthorized emissions 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)(D) of the
    Communications Act of 1934, as amended ("Act"), which include the
    nature, circumstances, extent, and gravity of the violation, 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.[^5] Considering the entire record and applying the
    factors listed above, this case warrants a \$9,000 forfeiture.

**IV. ORDERING CLAUSES**

9.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^6] and Sections 0.111, 0.311 and 1.80 of the Rules,[^7] Monroe
    Area Broadcaster, Inc. is hereby NOTIFIED of its APPARENT LIABILITY
    FOR A FORFEITURE in the amount of nine thousand dollars (\$9,000)
    for willful and repeated violation of Sections 73.1745(a),
    73.1201(a)(2), and 73.44(b) of the Rules, by operating with daytime
    power at night, failing to identify the station by call sign, and
    failing to attenuate the second harmonic by the amount prescribed in
    the Rules. 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*, Monroe Area Broadcasters, Inc.
    SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

10. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. and FRN
    referenced above. Requests for payment of the full amount of this
    *Notice of Apparent Liability* under an installment plan should be
    sent to: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^8]

11. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

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* shall be sent by regular mail and Certified Mail Return
    Receipt Requested to Monroe Area Broadcasters, Inc., P. O. Box 489,
    Madisonville, TN 37354.

FEDERAL COMMUNICATIONS COMMISSION

Fred L. Broce

###  District Director

Atlanta Office, Enforcement Bureau

[^1]: 47 C.F.R §§ 73.1745(a), 73.1201(a)(2), and 73.44(b).

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that "\[t\]he term 'willful', when used
    with reference to the commission or omission of any act, means the
    conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^3]: The term "repeated" means the commission or omission of an act
    more than once or, if such commission or omission is continuous, for
    more than one day. 47 U.S.C. § 312(f)(2).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^8]: *See* 47 C.F.R. § 1.1914.