**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+-----------------------------------+---+-------------------------------+
| In the Matter of                  | ) | File Number EB-03-NF-055      |
|                                   |   |                               |
| First Media Radio, LLC            | ) | NAL/Acct. No. 200432640002    |
|                                   |   |                               |
| Licensee of WWDR & WDLZ           | ) | FRN: 3726957                  |
|                                   |   |                               |
| Murfreesboro, North Carolina      | ) |                               |
|                                   |   |                               |
|                                   | ) |                               |
|                                   |   |                               |
|                                   | ) |                               |
|                                   | ) |                               |
|                                   |   |                               |
|                                   | ) |                               |
+-----------------------------------+---+-------------------------------+

## 

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: March 15, 2004

By the Enforcement Bureau, Norfolk Office:

## I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    First Media Radio, LLC ("First Media"), licensee of AM radio station
    WWDR, and FM radio station WDLZ, Murfreesboro, North Carolina,
    apparently liable for a forfeiture in the amount of six thousand
    dollars (\$6,000) for willful and repeated violation of Sections
    73.1560(a)(1) and 73.3526(c)(1) of the Commission\'s Rules
    ("Rules").[^1] Specifically, we find First Media apparently liable
    for operating AM radio station WWDR in excess of authorized power
    and for failing to make available for inspection the complete public
    inspection file.

##  II. BACKGROUND

2.  First Media Radio, LLC is the licensee of WWDR and WDLZ. WWDR and
    WDLZ are authorized to broadcast in Murfreesboro, North Carolina.
    WWDR is authorized to broadcast on a frequency of 1080 kHz with a
    power of 930 watts. WDLZ is authorized to broadcast on a frequency
    of 98.3 MHz with a power of 2200 watts.

3.  On July 30, 2003, the FCC Enforcement Bureau's Norfolk Office
    ("Norfolk Office") received information alleging numerous FCC rule
    violations at WWDR, WDLC and other broadcast stations licensed to
    First Media.

4.  On August 8, 11, 25, and September 11, 2003, an agent of the Norfolk
    Office made field strength measurements of WWDR's signal. Each field
    strength measurement was made at the same location and each
    measurement indicated the same level of signal strength.

5.  Immediately after making the field strength measurement on September
    11, 2003, the agent conducted an inspection of the co-located main
    studio and transmitter site of WWDR and WDLZ. During the inspection,
    the FCC agent and the licensee's technical representative read the
    antenna base current meter and confirmed that WWDR was operating
    with an antenna base current of 6.8 amps. This current reading
    indicated that WWDR was transmitting with an operating power of 1063
    watts (114% of authorized). An inspection of the public inspection
    file revealed that required material was missing including the
    quarterly issues and programs lists, contour map for WWDR and the
    Public and Broadcasting manual. First Media personnel present during
    the inspection stated that the missing documents may be in their
    Rocky Mount, North Carolina office.

## III. DISCUSSION

6.  Section 73.1560(a)(1) of the Rules requires an AM broadcast station
    antenna input power to be maintained as near as practicable to the
    authorized antenna input power and may not be more than 105% of
    authorized power. On September 11, 2003, WWDR operated with an
    antenna input power of 1063 watts (114% of authorized) instead of
    930 watts as authorized. A field strength measurement made on
    September 11, 2003, of the station operating with 1063 watts was
    consistent with field strength measurements made on August 8, 11 and
    25, 2003. Therefore, WWDR also operated with excessive power of 1063
    watts on August 8, 11 and 25, 2003.

7.  Section 73.3526(a)(2) of the Rules[^2] requires that every permittee
    or licensee of an AM, FM, or TV station in the commercial broadcast
    services shall maintain a public inspection file containing the
    material, relating to that station, described in paragraphs (e)(1)
    through (e)(10) and paragraph (e)(13) of this section. Additionally,
    every permittee or licensee of an AM, or FM station shall maintain
    for public inspection a file containing the material, relating to
    that station, described in paragraphs (e)(12) and (e)(14) of this
    section. Section 73.3526(b) of the Rules[^3] requires the public
    inspection file be maintained at the station's main studio. Section
    73.3526(c)(1) of the Rules requires the file be available for public
    inspection at any time during regular business hours. On September
    11, 2003, First Media failed to make available the complete public
    inspection file for co-located stations WWDR/WDLZ.

8.  Based on the evidence before us, we find First Media Radio, LLC
    willfully[^4] and repeatedly[^5] violated Sections 73.1560(a)(1) and
    73.3526(c)(1) of the Rules for operating in excess of authorized
    power at WWDR, and for failing to make available the complete public
    inspection file at WWDR and WDLZ.

9.  Pursuant to Section 1.80(b)(4) of the Rules,[^6] the base forfeiture
    amount for operating in excess of authorized power is \$4000 and the
    amount for violation of the public inspection file rules is
    \$10,000. 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 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.[^7]
    Because the station maintained a portion of the required items in
    the public inspection file, a downward adjustment of the base
    forfeiture for that violation from \$10,000 to \$2,000 is warranted.
    Considering the entire record and applying the factors listed above,
    this case warrants a \$6,000 forfeiture.

## 

## IV. ORDERING CLAUSES

10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act,[^8] and Sections 0.111, 0.311 and 1.80 of the Rules,[^9] First
    Media is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
    in the amount of six thousand dollars (\$6,000) for willful and
    repeated violation of Sections 73.1560(a)(1) and 73.3526(c)(1) of
    the Rules by operating in excess of authorized power at WWDR and by
    failing to make available for inspection a complete public
    inspection file at WWDR and WDLZ.

11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NAL, First Media
    SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
    written statement seeking reduction or cancellation of the proposed
    forfeiture.

12. 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
    NAL under an installment plan should be sent to: Chief, Revenue and
    Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^10]

13. 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-Spectrum Enforcement
    Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

14. 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.

15. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Spectrum
    Enforcement Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

16. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to First
    Media Radio, LLC, 306 Port Street Easton, MA 21601. An additional
    copy shall be sent by regular mail and Certified Mail Return Receipt
    Requested to First Media Radio, LLC, (WWDR/WDLZ) P.O. Box 38, 1714
    Main Street, Murfreesboro, North Carolina 27855.

##### FEDERAL COMMUNICATIONS COMMISSION

Luther Bolden

Resident Agent, Norfolk Office, Enforcement Bureau

Attachment

First Media Radio, LLC

306 Port Street

Easton, MA 21601

First Media Radio, LLC

WWDR/WDLZ

P.O. Box 38

1714 Main Street

Murfreesboro, NC

[^1]: 47 C.F.R. §§ 73.1560(a)(1) and 73.3526(c)(1).

[^2]: 47 C.F.R. § 73.3526(a)(2).

[^3]: 47 C.F.R. § 73.3526(b).

[^4]: 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 4387-88
    (1991).

[^5]: The 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." 47 U.S.C. § 312(f)(2).

[^6]: 47 C.F.R. § 1.80(b)(4).

[^7]: 47 U.S.C. § 503(b)(2)(D).

[^8]: 47 U.S.C. § 503(b).

[^9]: 47 C.F.R. §§ 0.111, 0.311 and 1.80.

[^10]: *See* 47 C.F.R. § 1.1914