**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

**In the Matter of**

Booth-Newsome Broadcasting, Inc. )

WKTE (AM) ) File Number: EB-00-NF- 138 King, North Carolina )

) NAL/Acct. No.: X3264001

#### FORFEITURE ORDER

**Adopted:** July 27, 2000 **Released:** July 31, 2000

By the Chief, Enforcement Bureau:

#### I. INTRODUCTION

1\. In this Forfeiture Order ("Order"), we issue a monetary forfeiture
in the amount of five thousand dollars (\$5,000) against Booth-Newsome
Broadcasting, Inc. ("Booth"), licensee of AM station WKTE, King, North
Carolina, for willfully and repeatedly violating Sections 11.35,
73.1590(a)(6), 73.1590(b), and 73.3526(a)(2) of the Commission's Rules
("Rules").[^1] The noted violations involve Booth's failure to install
Emergency Alert System (EAS) equipment, to perform the required annual
measurements for spurious and harmonic emissions and to maintain a
complete and up-to-date public inspection file at WKTE.

2\. On April 17, 2000, the Commission's Norfolk, Virginia, Resident
Agent Office ("Norfolk Office") issued a Notice of Apparent Liability
for Forfeiture ("NAL") to Booth in the amount of twenty thousand dollars
(\$20,000) for the noted violations.[^2] Booth has filed a response.

**II. BACKGROUND**

3\. On February 18, 2000, an agent from the Norfolk Office inspected
WKTE in order to investigate a complaint against that station. During
the inspection, the agent discovered that there was no EAS equipment
installed at WKTE, that Booth had not performed the required annual
measurements for spurious and harmonic emissions, and that the public
inspection file did not include a number of required items. The Norfolk
Office issued an Official Notice of Violation ("NOV") to Booth on March
13, 2000 (corrected copy issued March 17, 2000) notifying Booth of
several violations, including those described above, that were found
during the inspection. Booth's response to the NOV, received on March
27, 2000, indicated that Booth had corrected some of the violations and
was in the process of correcting the others.

4\. As noted above, on April 17, 2000, the Norfolk Office issued a
\$20,000 NAL to Booth for failure to install EAS equipment, failure to
perform the required annual measurements for spurious and harmonic
emissions and failure to maintain a complete and up-to-date public
inspection file. In its response to the NAL, Booth states that it "has
made every effort to correct the problems and to prevent future
violations"[^3] and requests cancellation or reduction of the proposed
\$20,000 monetary forfeiture on the basis of its inability to pay that
amount. Booth states that it has spent \$8,000 to \$9,000 to bring WTKE
into compliance and that payment of \$20,000 would necessitate borrowing
money and would financially burden the station. Booth provides, with its
response, copies of its 1997, 1998 and 1999 federal income tax returns.
The tax returns indicate that Booth's gross revenues were \$35,049 in
1997, \$44,935 in 1998 and \$56,521 in 1999.

**III. DISCUSSION**

5\. As the NAL explicitly states, the forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Communications Act of
1934, as amended, ("Act"),[^4] Section 1.80 of the

Rules, [^5] and *The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines*, 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303
(1999) ("*Policy Statement*"). Section 503(b) of the Act requires that,
in examining Booth's response, the Commission take into account 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.[^6]

6\. Section 11.35(a) of the Rules requires that broadcast stations have
EAS encoders, EAS decoders and attention signal generating and receiving
equipment installed and operating during times the broadcast station is
in operation. Sections 73.1590(a)(6) and 73.1590(b) of the Rules require
annual measurements for spurious and harmonic emissions. Section
73.3526(a)(2) of the Rules requires that licensees of commercial
broadcast stations maintain a complete and current public inspection
file. The FCC agent's observations establish that Booth willfully and
repeatedly violated those rules. Booth does not dispute the violations.

**7**. Booth contends that it is unable to pay a \$20,000 forfeiture
without financial hardship. Although other factors can be considered,
the best indication of a company's ability to pay a forfeiture amount is
its gross revenues. *See generally PJB Communications of Virginia,
Inc.*, 7 FCC Rcd 2088 (1992). In view of the number and seriousness of
Booth's violations and the gross revenues indicated by Booth's tax
returns, we conclude that it is appropriate to reduce Booth's forfeiture
from \$20,000 to \$5,000.

#### IV. ORDERING CLAUSES

8\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
Act, and Sections 0.111, 0.311, and 1.80(f)(4) of the Rules,[^7]
Booth-Newsome Broadcasting, Inc., **IS LIABLE FOR A MONETARY
FORFEITURE** in the amount of five thousand dollars (\$5,000) for
willfully and repeatedly violating Sections 11.35, 73.1590(a)(6),
73.1590(b), and 73.3526(a)(2) of the Rules.

9\. 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.[^8] Payment may be made by credit
card through the Commission\'s Credit and Debt Management Center at
(202) 418-1995, or 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 NAL/Acct. X3264001 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.[^9]

10\. **IT IS FURTHER ORDERED** that, a copy of this Order shall be sent
by Certified Mail, Return Receipt Requested to Booth-Newsome
Broadcasting, Inc., at Route 2, Box 88D, King, North Carolina 27021.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§ 11.35, 73.1590 (a)(6), 73.1590(b), and 73.3526(a)(2).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    X3264001 (Enf. Bur., Norfolk Office, rel.April 17, 2000).

[^3]: Booth's Response to the NAL.

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^8]: 47 U.S.C. § 504(a).

[^9]: *See* 47 C.F.R. § 1.1914.