Federal Communications Commission DA 08-2461
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Star Power Communications Corporation
Licensee of Radio Station WIQR(AM)
Prattville, AL
Facility ID:   8544
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EB-07-AT-177
NAL No.: 200732480013 
FRN:  0009886755
FORFEITURE ORDER
Adopted:  November 5, 2008 Released:  November 7, 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 one 
thousand five hundred dollars ($1,500) to Star Power Communications Corporation (“Star Power”), 
licensee of station WIQR(AM), in Prattville, Alabama, for willful and repeated violation of Sections 
11.35(a) and 73.3526 of the Commission’s Rules (“Rules”).1 The noted violations involve Star Power’s 
failure to maintain operational Emergency Alert System (“EAS”) equipment, and failure to maintain and 
make available a complete public inspection file.  We also admonish Star Power for its repeated violation 
of Section 73.1350(a) of the Rules.2   
II.  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 stated that he was unaware that the EAS unit was unplugged and stated that 
the station’s engineer must have unplugged it when the engineer 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 
  
1 47 C.F.R. §§ 11.35(a), 73.3526.
2 47 C.F.R. § 73.1350(a).
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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.  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.     
6. On November 5, 2007, the Atlanta Office issued a Notice of Apparent Liability for 
Forfeiture to Star Power in the amount of nineteen thousand dollars ($19,000) for the apparent willful and 
repeated violation of Sections 11.35(a), 73.3526(a) and 73.493 of the Rules.4 Star Power submitted a 
response to the NAL requesting a reduction or cancellation of the proposed forfeiture.
III. DISCUSSION
7. The proposed forfeiture amount in this case was assessed in accordance with Section 
503(b) of the Communications Act of 1934, as amended (“Act’),5 Section 1.80 of the Rules,6 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 Star Power’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.7
8. 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.  In 
response to the NAL, Star Power states that it has corrected its failure to maintain operational EAS.  
However, corrective action taken to come into compliance with the Rules after an inspection is expected, 
and does not nullify or mitigate any prior forfeitures or violations.8 Thus, based on the evidence before 
us, we find that Star Power willfully9 and repeatedly10 violated Section 11.35(a) of the Rules by failing to 
  
3 47 C.F.R. § 73.49. 
4 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732480013 (Enf. Bur., Atlanta Office, November 5, 
2007) (“NAL”).
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 503(b)(2)(E).
8 See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).
9 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,’ … 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).  
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maintain operational EAS equipment.
9. Section 73.3526(a)(2) of the Rules requires broadcast stations to maintain for public 
inspection, a file containing materials listed in that section.11 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.12 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.13 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.  In response to the NAL, Star Power states that it corrected 
its failure to maintain quarterly issues/programs lists, but, as stated above, corrective action is expected 
and does not warrant reduction or cancellation of a forfeiture.  Thus, based on the evidence before us, we 
find that Star Power willfully and repeatedly violated Section 73.3526 by failing to maintain a complete 
public inspection file and willfully violated Section 73.3526 by failing to make available a complete public 
inspection file.   
10. 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.”  It is undisputed that 
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 and that the fence had been down for more than 
one day.  It is also undisputed that the terms of station WIQR’s station authorization require it to operate 
with a directional pattern and the use of all of its antennas, which would have caused the tower in 
question to have had radio frequency potential at its base.  Thus, if station WIQR had been operating as 
authorized, all of its antennas would have required base fences.  In its response to the NAL, Star Power 
states that it corrected its fencing violation and erected a new fence around the tower in question.  It also 
claims for the first time that the tower in question didn’t have “current going to it since we were 
broadcasting omni-directional from the middle tower” and that’s why they didn’t think “time was of the 
essence” when replacing the plastic fencing.  Star Power’s general manager later submitted a statement, 
under penalty of perjury, that the station had been broadcasting in a non-directional mode from 
approximately July 4, 2007 until a few months ago.14 Because Star Power asserts that the station operated 
in an omni-directional mode from on or about July 4, 2007 until a few months before July 2008, the tower 
in question did not have radiofrequency potential during the inspection and we have no direct evidence to 
the contrary for the date of the inspection or for the prior dates in which the section of the fence was 
missing, we cancel the proposed forfeiture associated with the apparent violation of Section 73.49 of the 
Rules.  However, because Star Power admits that it repeatedly operated its station in an omni-directional 
     
10 As provided by 47 U.S.C. § 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).
11 47 C.F.R. § 73.3526(a)(2).
12 47 C.F.R. § 73.3526(c)(1).
13 47 C.F.R. § 73.3526(e)(12).
14 Star Power’s general manager stated that the station’s former chief engineer told him that he had submitted a 
request for Special Temporary Authority to operate at variance with the station authorization on July 4, 2007.  The 
general manager provided a copy of the signed request.  The general manager also claims that, unbeknownst to him, 
the former chief engineer intentionally failed to submit the request in an attempt to sabotage the station.  The 
Commission’s Media Bureau does not have a record of an STA being filed prior to the date of the inspection.   
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mode when it was required to operate in a directional mode, we admonish it for its repeated violation of 
Section 73.1350(a) of the Rules, which requires each licensee to maintain and operate its broadcast station 
“in accordance with the terms of the station authorization.”15  
11. Finally, Star Power requests a reduction of the forfeiture based on its history of compliance 
with the Rules.  We have reviewed the Commission’s records and agree that Star Power has not been the 
subject of a prior enforcement action.  Star Power also asserts that the proposed forfeiture would pose a 
financial hardship.  The Commission has determined that, in general, an entity's gross revenues are the 
best indicator of its ability to pay a forfeiture.16  We have reviewed the financial documentation provided 
by Star Power and reduce the forfeiture to $1,500 based on its history of compliance with the Rules and 
its documented inability to pay.    
12. We have examined Star Power’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 Star Power willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the Rules.  However, 
we reduce the forfeiture for these violations to $1,500 based on Star Power’s history of compliance with 
the Rules and documented inability to pay.
IV. ORDERING CLAUSES
13. 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, Star 
Power Communications Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount 
of one thousand five hundred dollars ($1,500) for violation of Sections 11.35 and 73.3526 of the Rules.17
14. IT IS FURTHER ORDERED that, the forfeiture in the amount of seven thousand 
dollars ($7,000) for violation of Section 73.49 of the Rules proposed in the November 5, 2007 Notice of 
Apparent Liability issued to Star Power Communications Corporation IS CANCELED.
15. IT IS FURTHER ORDERED that, Star Power Communications Corporation IS 
ADMONISHED for its repeated violation of Section 73.1350(a) of the Rules.
16. 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.18 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 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 
  
15 47 C.F.R. § 73.1350(a).
16 See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where 
it represented approximately 2.02 percent of the violator’s gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator’s 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violator’s gross revenues).
17 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 11.35, 73.3526.
18 47 U.S.C. § 504(a). 
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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.  Star Power will also send 
electronic notification on the date said payment is made to SCR-Response@fcc.gov.
17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 
Certified Mail Return Receipt Requested to Star Power Communications Corporation at its address of 
record.  
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau