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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                               )                               
                                                               
                               )                               
     In the Matter of                                          
                               )                               
     Perihelion Global, Inc.       File Number: EB-08-OR-0013  
                               )                               
     Licensee of WTKN-AM           NAL/Acct. No. 200832620005  
                               )                               
     Corinth, Mississippi          FRN: 0016367518             
                               )                               
     Facility ID # 31411                                       
                               )                               
                                                               
                               )                               


                                FORFEITURE ORDER

   Adopted: November 21, 2008 Released: November 25, 2008

   By the Regional Director, South Central Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of fifteen thousand dollars ($15,000) to Perihelion Global,
       Inc. ("Perihelion"), licensee of station WTKN-AM, in Corinth,
       Mississippi, for willful and repeated violation of Sections 73.49,
       73.1125(a) and 73.1201(a)(2)  of the Commission's Rules ("Rules")  .
       The noted violations involve Perihelion's failure to enclose its
       antenna structure within an effective locked fence or other enclosure,
       failure to maintain a main studio, and failure to transmit the station
       identification.

   II. BACKGROUND

    2. On February 6, 2008, the Commission's New Orleans Office of the
       Enforcement Bureau ("New Orleans Office") received a complaint
       concerning station WTKN-AM, alleging multiple violations, including
       having no main studio. On February 8 and 11, 2008, an agent from the
       New Orleans Office called Perihelion and left messages to be contacted
       to schedule an inspection, but the agent's calls were never returned.

    3. On February 25, 2008, an agent from the New Orleans Office monitored
       WTKN-AM from 7 PM-CST to 9 PM-CST. During this time, the station did
       not air any of the required station identifications.

    4. On February 26, 2008, an agent from the New Orleans Office inspected
       the transmitter site for station WTKN-AM. The agent observed a large
       hole in the locked gate for the protective fence surrounding the
       WTKN-AM antenna structure, which had radio frequency potential at its
       base. This hole allowed easy access to the antenna structure. The
       agent also monitored the station throughout the day, and the station
       did not broadcast any of the required station identifications.

    5. Still on February 26, 2008, the agent attempted to locate and inspect
       the main studio for station WTKN-AM. The agent called the local number
       for station WTKN-AM and left messages asking to be called back.
       However, no employee from station WTKN-AM ever returned the agent's
       calls. The agent also contacted the owner of the land on which the
       transmitter is located, but he was unaware of a main studio address or
       a contact phone number for anyone locally employed by station WTKN-AM.
       The only known local address for the station was that of the
       transmitter site. The agent observed a small building in the same
       pasture as the antenna structure located within the antenna
       structure's protective fence. However, this building was not staffed
       by any employees and was accessible only through the hole in the
       antenna structure's protective fence. The transmitter site and
       building were not visible from the main road, there were no signs for
       the station on the building, fence, or main road, and there was no
       path from the private driveway to the building.

    6. On February 26, 2008, the attorney for station WTKN-AM requested to
       modify a previously submitted Special Temporary Authority ("STA")
       request. The attorney sought permission for station WTKN-AM to operate
       without a main studio. In this communication, the attorney stated the
       main studio for WTKN-AM is located at the transmitter site and that
       weather had rendered the access path to the main studio impassable a
       majority of the time.

    7. On February 27, 2008, the agent from the New Orleans Office visited
       the transmitter site again. The agent observed the same hole in the
       locked gate for the protective fence surrounding the antenna structure
       as had been observed the previous day. The agent monitored station
       WTKN-AM from 8:30 AM-CST to 11:15 AM-CST and observed that the station
       did not broadcast the required station identifications.

    8. On February 28, 2008, station WTKN-AM's attorney called the New
       Orleans Office and spoke to the agent that attempted to inspect
       station WTKN-AM. This was the first contact the agent had with anyone
       representing station WTKN-AM.

    9. On May 9, 2008, the New Orleans Office issued a Notice of Apparent
       Liability for Forfeiture to Perihelion in the amount of fifteen
       thousand dollars ($15,000), for the apparent willful and repeated
       violation of Sections 73.49, 73.1125(a) and 73.1201(a)(2)  of the
       Rules. Perihelion submitted a response to the NAL requesting to pay
       the forfeiture in six installments.

   III. DISCUSSION

   10. The proposed forfeiture amounts in this case was assessed in
       accordance with Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), Section 1.80 of the Rules, 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) ("Forfeiture Policy Statement").
       In examining Perihelion's response, Section 503(b) of the Act requires
       that 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.

   11. Section 73.49 of the Rules requires antenna towers having radio
       frequency potential at the base to be enclosed within effective locked
       fences or other enclosures. On February 26 and 27, 2008, an agent from
       the New Orleans Office observed a large hole in the gate of the locked
       fence surrounding the antenna structure for station WTKN-AM. This hole
       was large enough to provide easy access to the antenna structure. The
       antenna structure had radio frequency potential at its base.

   12. Section 73.1125(a) of the Rules requires broadcast stations to
       maintain a main studio. "A station must equip the main studio with
       production and transmission facilities that meet applicable standards,
       maintain continuous program transmission capability, and maintain a
       meaningful management and staff presence." The Commission has defined
       a minimally acceptable "meaningful presence" as full-time managerial
       and full-time staff personnel. On February 26, 2008, an agent from the
       New Orleans Office attempted to inspect station WTKN-AM's main studio,
       but was unable to locate the main studio or contact any employees for
       the station. The agent subsequently learned that the station's main
       studio was located at the transmitter site. However, the only building
       at the transmitter site was unstaffed during normal business hours, so
       the agent was unable to determine whether it was equipped with the
       required production and transmission facilities. The agent was unable
       to find any evidence that station WTKN-AM employed any local staff in
       the area. The building was also inaccessible to the public, because it
       was located in a pasture and was not visible from the road. There were
       no signs on the building or the road that would identify the building
       as the main studio, and there was no path going from the private
       driveway to the building. Finally, the building was located within the
       station's locked antenna structure fence and was only accessible via
       the hole in the fence. The attorney for the station stated that the
       main studio was inaccessible to the public a majority of the time due
       to weather conditions.

   13. Section 73.1201(a)(2) of the Rules requires broadcast station
       identification announcements to be made hourly, as close to the hour
       as feasible, at a natural break in program offerings. An agent from
       the New Orleans Office monitored station WTKN-AM on February 25, 26,
       and 27, 2008 for several hours. Station WTKN-AM did not give station
       identifications  at any time while the agent was monitoring.

   14. In response to the NAL, Perihelion states it does not dispute any of
       the findings in the NAL. Perihelion adds that it was the victim of
       sabotage to devalue the company and claims someone intentionally
       programmed the computer to remove the station identifications a day or
       two before the initial complaint was filed. This claim, however, does
       not negate the fact that Perihelion broadcast without station
       identification prior to February 6, 2008 and until February 27, 2008.
       Perihelion also asserts it will take steps to ensure future compliance
       with the rules. However, post-inspection corrective action taken to
       come into compliance with the Rules is expected, and does not nullify
       or mitigate any prior forfeitures or violations. Therefore, based on
       the evidence before us, we find that Perihelion  willfully and
       repeatedly violated Sections 73.49, 73.1125(a) and 73.1201(a)(2)  of
       the Rules by failing to enclose its antenna structure within an
       effective locked fence or other enclosure, failing to maintain a main
       studio, and failing to transmit the station identification.

   15. Finally, Perihelion requests to pay the forfeiture in six
       installments. However, Perihelion failed to provide the requested
       documentation and good faith payment for the installment payment plan.
       Accordingly, we can not grant the requested installment payment plan
       at this time.

   16. We have examined Perihelion's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Perihelion
       willfully and repeatedly violated Sections 73.49, 73.1125(a) and
       73.1201(a)(2) of the Rules. We find no basis for cancellation or
       reduction of the $15,000 forfeiture proposed for these violations.

   IV. ORDERING CLAUSES

   17. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Perihelion Global, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand
       dollars ($15,000) for violations of Sections 73.49, 73.1125(a) and
       73.1201(a)(2) of the Rules.

   18. 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. 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/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
       Perihelion will also send electronic notification on the date said
       payment is made to SCR-Response@fcc.gov.

   19. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Perihelion
       Global, Inc. at its address of record and to its counsel, Scott C.
       Cinnamon, 1250 Connecticut Ave. NW, Washington, DC 20036.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 73.49, 73.1125(a), 73.1201(a)(2).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832620005
   (Enf. Bur., New Orleans Office, May 9, 2008) ("NAL").

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 73.49.

   47 C.F.R. S: 73.1125(a).

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).

   47 C.F.R. S: 73.1201(a)(2).

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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,' ... 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).

   As provided by 47 U.S.C. S: 312(f)(2), a continuous violation is
   "repeated" if it continues for more than one day. The Conference Report
   for Section 312(f)(2) indicates that Congress intended to apply this
   definition to Section 503 of the Act as well as Section 312. See H.R. Rep.
   97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting
   Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18
   FCC Rcd 10319 at fn. 56 (2003).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4), 73.49,
   73.1125(a), 73.1201(a)(2).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 08-2550

   2

   2

   Federal Communications Commission DA 08-2550