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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tri-County Broadcasting, Inc. ) File No. EB-02-NF-030
) NAL/Acct. No. 200232640007
Licensee of Station WBRG(AM) ) FRN 0006-0159-29
Madison Heights, Virginia )
MEMORANDUM OPINION AND ORDER
Adopted: May 21, 2004 Released: May 25, 2004
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order (Order), we deny a
June 12, 2003 petition for reconsideration filed by Tri-County
Broadcasting, Inc. (Tri-County), licensee of Station WBRG(AM),
Madison Heights, Virginia. Tri-County seeks reconsideration of a
May 13, 2003 Forfeiture Order,1 in which the Enforcement Bureau
imposed a monetary forfeiture in the amount of four thousand
dollars ($4,000) for willful and repeated violation of Section
73.1745(a) of the Commission's Rules (Rules).2 The noted
violation involves Tri-County's failure to reduce power at
WBRG(AM) at sunset and to limit WBRG(AM)'s pre-sunrise power.
Tri-County does not deny violating the subject rule, but rather
challenges the finding that there was no basis for reduction of
the forfeiture amount.3
II. DISCUSSION
2. Tri-County again submits tax returns for 1999, 2000 and
2001. Tri-County also submits a 2002 tax return which is not
substantially different than those we previously determined were
insufficient to warrant a cancellation or reduction of the
forfeiture amount. Tri-County argues that this marginal
operation belies our reliance upon Long Distance Direct4 and PJB
Communications of Virginia5 for the proposition that gross
revenues are the best indicator of a company's financial ability
to pay a forfeiture amount. We disagree. We do not find that a
$4,000 forfeiture amount is excessive when compared to an average
of the combined gross revenues for the years 1999, 2000 and 2001,
or for the years 2000, 2001 and 2002.6 Accordingly, no reduction
of the monetary forfeiture is warranted.
III. ORDERING CLAUSES
3. Accordingly, IT IS ORDERED that, pursuant to Section
405 of the Communications Act of 1934, as amended7 and Section
1.106 of the Rules,8 Tri-County's Petition for Reconsideration,
filed June 12, 2003, IS DENIED.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules9 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.10
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. 200232640007, and FRN 0006-0159-29. 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. 20554.11
5. IT IS FURTHER ORDERED THAT this Order shall be sent by
first class mail and certified mail, return receipt requested, to
Tri-County Broadcasting, Inc., P.O. Box 1079, Lynchburg, VA
24505, and to its counsel Lewis H. Goldman, 45 Dudley Court,
Bethesda, MD 20814.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Tri-County Broadcasting, 18 FCC Rcd 9582 (Enf. Bur. 2003).
2 47 C.F.R. § 73.1745(a).
3 Petition at 2.
4 Long Distance Direct, 15 FCC Rcd 3297, 3305 (2000).
5 PJB Communications, 7 FCC Rcd 2088, 2089 (1992).
6 See PJB Communications, 7 FCC Rcd at 2089 (forfeiture not
deemed excessive where it represented approximately 2.02 percent
of the violator's gross revenues); Local Long Distance, Inc., 16
FCC Rcd at 10025 (forfeiture not deemed excessive where it
represented approximately 7.9 percent of the violator's gross
revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640,
8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violators gross
revenues). In this case, the forfeiture of 2.7 percent
represents a smaller percentage than those issued in the Local
Long Distance, Inc., and Hoosier Broadcasting Corp., cases, and
only a nominally higher percentage compared to the forfeiture
issued in PJB Communications of Virginia, Inc.
7 47 U.S.C. § 405.
8 47 C.F.R. § 1.106.
9 47 C.F.R. §1.80
10 47 U.S.C. § 504(a).
11 47 U.S.C. § 1.1914.