Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) File No.: EB-02-AT-100

> )

Radio 810 Nashville, Incorporated ) NAL/Acct. No. 200232480004

Licensee, Station WMGC(AM) )

Murfreesboro, Tennessee ) FRN 0006-3776-00

## FORFEITURE ORDER

**Adopted: March 20, 2003 Released: March 24, 2003**

By the Chief, Enforcement Bureau:

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of ten thousand dollars (\$10,000) to Radio
    810 Nashville, Incorporated ("Radio 810") licensee of Station
    WMGC(AM), Murfreesboro, Tennessee, for willfully violating Sections
    73.1215(a), 73.1350(d)(2), and 73.1745(a) of the Commission's Rules
    ("the Rules").[^1] The noted violations involve Radio 810's failure
    to maintain properly calibrated indicating instruments, failure to
    terminate broadcast operation as required when Station WMGC(AM)
    operated in non-compliance with the technical rules, and its
    exceeding the authorized transmitter power at Station WMGC(AM) by
    failing to reduce power at sunset.

2\. On June 18, 2002, the District Director of the Commission's Atlanta,
Georgia Field Office issued a *Notice of Apparent Liability for
Forfeiture* ("*NAL*")[^2] in the amount of \$10,000 to Radio 810. Radio
810 has not filed a response to the *NAL*. Based on the information
before us, we affirm the forfeiture.

3\. **ACCORDINGLY,** **IT IS ORDERED THAT**, pursuant to Section 503(b)
of the Communications Act of 1934, as amended, ("the Act"),[^3] and
Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^4] Radio 810 **IS
LIABLE FOR A MONETARY FORFEITURE** in the amount of \$10,000 for
willfully violating Sections 73.1215(a), 73.1350(d)(2), and 73.1745(a)
of the Rules.

4\. Payment of the forfeiture shall be made in the manner provided for
in Section 1.80 of the Rules[^5] 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.[^6] Payment shall 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 NAL/Acct. No. 200232480004, and FRN 0006-3776-00. Requests
for full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.[^7]

5\. **IT IS FURTHER ORDERED THAT** this *Order* shall be sent by regular
mail and by certified mail, return receipt requested, to Radio 810
Nashville, Incorporated, Radio Station WMGC(AM), 4314 Cherry Court,
Evansville, IN 47714.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. § 73.1215(a), 73.1350(d)(2), 73.1745(a).

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200232480004 (Enf. Bur., Atlanta Field Office, released June 18,
    2002).

[^3]: 47 U.S.C. § 503(b).

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

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 504(a).

[^7]: *See* 47 C.F.R. § 1.1914.