**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | EB-07-AT-177                    |
|                                  |   |                                 |
| Star Power Communications        | ) | NAL No.: 200832480001           |
| Corporation                      |   |                                 |
|                                  | ) | FRN: 0009886755                 |
| Licensee of Radio Station        |   |                                 |
| WIQR(AM)                         | ) |                                 |
|                                  |   |                                 |
| Prattville, AL                   | ) |                                 |
|                                  |   |                                 |
| Facility ID: 8544                | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: November 5, 2007

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that Star Power Communications Corporation ("Star Power"), licensee
    of station WIQR(AM), in Prattville, Alabama, apparently willfully
    and repeatedly violated Sections 11.35(a), 73.3526, and 73.49 of the
    Commission\'s Rules ("Rules")[^1] by failing to maintain operational
    Emergency Alert System ("EAS") equipment, failing to maintain and
    make available a complete public inspection file, and failing to
    maintain an effective locked enclosure around the base of one of the
    station towers. We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended ("Act"),[^2] that Star Power
    is apparently liable for a forfeiture in the amount of nineteen
    thousand dollars (\$19,000).

# BACKGROUND

2.  On August 30, 2007, agents of the Commission's Atlanta Office of the
    Enforcement Bureau ("Atlanta Office") conducted an inspection of the
    AM directional station, WIQR, in Prattville, Alabama during normal
    business hours with the station's general manager. The agents found
    that the station's EAS encoder/decoder unit was not operational,
    because it was unplugged from a power source. The station's general
    manager was unaware that the EAS unit was unplugged and stated that
    the station's engineer must have unplugged it when he was last
    there. When plugged back in, no one at the station was able to send
    an EAS test from the unit. The agents were unable to retrieve any
    electronically stored data from the unit. The station also had no
    EAS logs, and the last EAS printout was an alert from the National
    Weather Service dated May 2, 2007.

3.  During the inspection, the agents requested to inspect the station's
    public inspection file. The station provided a public inspection
    file that did not contain any quarterly issues programs lists for
    any quarter. The general manager and office manager stated that they
    were unaware of this requirement and admitted that the station had
    not been compiling quarterly issues programs lists.

4.  Finally, the agents observed one of the walls of the plastic fence
    surrounding one of the station's towers lying on the ground,
    allowing ready access to the base of the tower. The agents observed
    that tall grass had grown up through the downed portion of the
    fence. This tower had radio frequency potential at the base. The
    general manager stated that he was going to replace the plastic
    fence with a wooden fence but that he hadn't had chance to do it.

5.  On October 19, 2007, the station's engineer contacted an agent from
    the Atlanta Office and provided additional information. He stated
    that he had not visited the station in several months. He also
    stated that the plastic fence around the tower was installed in 2004
    or 2005.

# DISCUSSION

6.  Section 503(b) of the 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. The term "willful" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^3] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^4]

7.  Section 11.35(a) of the Rules states that "EAS participants are
    responsible for ensuring that EAS Encoders, EAS Decoders and
    Attention Signal generating and receiving equipment used as part of
    the EAS are installed so that the monitoring transmitting functions
    are available during the times the stations and systems are in
    operation." On August 30, 2007, station WIQR's EAS encoder/decoder
    was not operational, because it was unplugged from the power source.
    The station's general manager stated that the station's engineer
    must have unplugged it. The engineer later stated that he had not
    visited the station in several months. Once plugged in, no one at
    the station could demonstrate that the unit was operational, and
    there was no evidence that an EAS test had been received or sent
    since May 2, 2007.

8.  Section 73.3526(a)(2) of the Rules requires broadcast stations to
    maintain for public inspection, a file containing materials listed
    in that section.[^5] Section 73.3526(c)(1) of the Rules states that
    the file shall be available for public inspection at any time during
    regular business hours.[^6] Section 73.3526(e)(12) of the Rules
    requires licensees to place in the public inspection file, for each
    calendar quarter, a list of programs that have provided the
    station's most significant treatment of community issues during the
    preceding three month period.[^7] This list is known as the radio
    issues/programs list. On August 30, 2007, in response to a request
    to inspect the station's public inspection file during normal
    business hours, the station was unable to make available any
    quarterly issues/programs lists. The station's general manager and
    office manager stated that they did not know the lists were required
    and admitted that they had not compiled the lists.

9.  Section 73.49 of the Rules states that "Antenna towers having radio
    frequency potential at the base...must be enclosed within effective
    locked fences or other enclosures." On August 30, 2007, one side of
    the plastic fencing around one of the station's towers was lying on
    the ground, allowing ready access to the base of the tower. Agents
    observed tall grass growing through the downed portion of the fence,
    thereby demonstrating that the fence had been down for more than one
    day. This tower was energized during operating hours. The station's
    general manager was aware that temporary plastic fencing surrounded
    one of its towers and intended to replace it. However, according to
    the station's engineer, the plastic fencing had been in place for
    more than two years.

10. Based on the evidence before us, we find that Star Power apparently
    willfully and repeatedly violated Sections 11.35(a), 73.3526, and
    73.49 of the Rules by failing to maintain an operational EAS unit,
    failing to maintain a complete public inspection file, and failing
    to maintain an effective locked enclosure around the energized base
    of one of the station's towers. We find that Star Power also
    apparently willfully violated Section 73.3526 of the Rules by
    failing to make available a complete public inspection file.

11. Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* ("*Forfeiture Policy Statement*"), and Section 1.80 of
    the Rules, the base forfeiture amount for failing to maintain an
    operational EAS system is \$8,000; violation of the public
    inspection file rule is \$10,000; and failing to maintain an
    effective tower enclosure at the base of the tower is \$7,000.[^8]
    However, because station WIQR's public inspection file contained a
    portion of the required items, a downward adjustment of the base
    forfeiture amount for this violation to \$4,000 is warranted. 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, and history of prior offenses, ability to
    pay, and other such matters as justice may require.[^9] Applying the
    *Forfeiture Policy Statement*, Section 1.80 of the Rules, and the
    statutory factors to the instant case, we conclude that Star Power
    is apparently liable for a \$19,000 forfeiture.

# ORDERING CLAUSES

12. Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Star Power
    Communications Corporation is hereby **NOTIFIED** of this **APPARENT
    LIABILITY FOR A FORFEITURE** in the amount of nineteen thousand
    dollars (\$19,000) for violations of Sections 11.35(a), 73.3526 and
    73.49 of the Rules.[^10]

13. **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 for Forfeiture, Star Power
    Communications Corporation **SHALL PAY** the full amount of the
    proposed forfeiture or **SHALL FILE** a written statement seeking
    reduction or cancellation of the proposed forfeiture.

14. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Acct. No. and FRN No.
    referenced above. Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

15. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, South Central Region, Atlanta
    Office, 3575 Koger Blvd., Suite 320, Duluth, Georgia, 30096 and must
    include the NAL/Acct. No. referenced in the caption.

16. 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.

17. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 445 12th
    Street, S.W., Room 1A625, Washington, D.C. 20554.[^11]

18. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Star Power Communications
    Corporation a**t** its address of record.

FEDERAL COMMUNICATIONS COMMISSION

Douglas G. Miller

District Director

Atlanta Office

South Central Region

Enforcement Bureau

[^1]: 47 C.F.R. §§ 11.35(a), 73.3526(e)(12), 73.49.

[^2]: 47 U.S.C. § 503(b).

[^3]: 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 or
    any rule or regulation of the Commission authorized by this Act...."
    *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387 (1991).

[^4]: Section 312(f)(2) of the Act, 47 U.S.C. § 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."

[^5]: 47 C.F.R. § 73.3526(a)(2).

[^6]: 47 C.F.R. § 73.3526(c)(1).

[^7]: 47 C.F.R. § 73.3526(e)(12).

[^8]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^9]: 47 U.S.C. § 503(b)(2)(E).

[^10]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    11.35(a), 73.3526, 73.49.

[^11]: ^8^ *See* 47 C.F.R. § 1.1914.