Federal Communications Commission DA 15-153
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
S G Communications
Licensee of Station WHEW(AM)
Franklin, Tennessee
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Facility ID No. 681
NAL/Acct. No. MB-201341410015
FRN: 006320048
File No. BR-20120829AEX
FORFEITURE ORDER
Adopted:  February 3, 2015 Released:  February 3, 2015
By the Chief, Audio Division, Media Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount of seven thousand
dollars ($7,000) to S G Communications (“Licensee”), licensee of Station WHEW(AM), Franklin, 
Tennessee (“Station”), for willfully violating Section 73.3539 of the Commission’s Rules (“Rules”)
1
by 
failing to timely file a license renewal application for the Station, and willfully and repeatedly violated 
Section 301 of the Communications Act of 1934, as amended (“Act”),
2
by engaging in unauthorized 
operation of the Station after its authorization had expired.  
II. BACKGROUND
2. On September 18, 2013, the Bureau issued a Notice of Apparent Liability for Forfeiture
(“NAL”) in the amount of seven thousand dollars ($7,000) to Licensee for these violations.
3
  As noted in 
the NAL, Licensee’s renewal application for the Station’s previous license term was due on April 1, 2012, 
four months prior to the August 1, 2012, expiration date.
4
  No such application was filed, and the 
Station’s license expired on August 1, 2012.  Accordingly, on August 27, 2012, the staff wrote to 
Licensee, indicating that the Station’s license had expired and that: (1) all authority to operate the Station 
was terminated; and (2) the Station’s call letters had been deleted from the Commission’s data base.  
Licensee was advised that any operation of the station was then unauthorized and must cease 
immediately.
5
  
3. Upon receipt of the License Expiration Letter, on August 30, 2012, Licensee tendered the 
captioned renewal application and a request for Special Temporary Authority (“STA”) to continue station 
operations pending consideration of the license renewal application.
6
  The staff granted the STA Request 
on October 1, 2012, and it expired on March 30, 2013.
7
  Licensee did not seek an extension of its STA, 
                                                          
1
See 47 C.F.R. § 73.3539.
2
See 47 U.S.C. § 301.
3
S G Communications, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 28 FCC 
Rcd 13371 (MB 2013).  
4
See 47 C.F.R. §§ 73.1020, 73.3539(a).  
5
Letter to SG Communications, from James Bradshaw (MB Aug. 27, 2012) (“License Expiration Letter”).
6
See File No. BLSTA-20120831AAO (“STA Request”).      
7
Letter to S G Communications, Ref. 1800B3 (MB Oct. 1, 2012).
Federal Communications Commission DA 15-153
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nor did it request an additional STA to maintain Station operations.
8
  Licensee did not provide an 
explanation for its failure to file a timely renewal application for the Station.  No response to the NAL has 
been filed.
III. DISCUSSION
4. The forfeiture amount proposed in this case was assessed in accordance with Section 
503(b) of the Act,
9
Section 1.80 of the Rules,
10
and the Commission’s Forfeiture Policy Statement.
11
  In 
assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we 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 such other matters as justice may require.
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5. We conclude that Licensee willfully
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violated Section 73.3539 of the Rules,
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and 
willfully and repeatedly
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violated Section 301 of the Act,
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and that no circumstances warrant reduction 
or cancellation of the forfeiture.  We will withhold grant of the renewal application until Licensee has 
completed payment of the forfeiture.
IV. ORDERING CLAUSES
6. IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as 
amended, and Sections 0.283 and 1.80 of the Commission’s Rules,
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that S G Communications SHALL 
FORFEIT to the United States the sum of seven thousand dollars ($7, 000) for willfully violating Section 
73.3539 of the Commission’s Rules, and willfully and repeatedly violating Section 301 of the 
Communications Act of 1934, as amended.
7. Payment of the forfeiture must be made by a check or similar instrument, wire transfer or 
credit card and include the Account Number and FRN referenced in the caption above.  Regardless of the 
form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.  When completing 
the FCC Form 159, enter the Account Number in block number 23A (callsign/other ID) and enter the 
                                                          
8
Licensee filed an STA extension request on October 1, 2013, after the Bureau issued the NAL.  See File No.  
BELSTA-20130930AYY.  
9
47 U.S.C. § 503(b).
10
47 C.F.R. § 1.80. 
11
The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
12
47 U.S.C. § 503(b)(2)(E).
13
Section 312(f)(1) of the Act defines “willful” as “the conscious and deliberate commission or omission of [any] 
act, irrespective of any intent to violate” the law.  47 U.S.C. § 312(f)(1).  The legislative history of Section 312(f)(1) 
of the Act clarifies that this definition of willful applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-
765, 51 (Conf. Rep.), and the Commission has so interpreted the terms in the Section 503(b) context.  Southern 
California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387-88.
14
47 C.F.R § 73.3539
15
Section 312(f)(2) of the Act defines “repeated” as “the commission or omission of [any] act more than once or, if 
such commission or omission is continuous, for more than one day.” 47 U.S.C. § 312(f)(2).  See also Southern 
California, 6 FCC Rcd at 4388 (applying this definition of repeated to Sections 312 and 503(b) of the Act). 
16
47 U.S.C. § 301.
17
47 U.S.C. § 503(b); 47 C.F.R. §§ 0.283, 1.80.
Federal Communications Commission DA 15-153
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letters “FORF” in block number 24A (payment type code).  Licensee will also send electronic notification 
on the date said payment is made to Penelope Dade at Penelope.Dade@FCC.GOV and Alexander 
Sanjenis at Alexander.Sanjenis@FCC.GOV.  Below are additional instructions that should be followed 
based on the form of payment selected: 
? Payment by check or money order must be made payable to the order of the 
Federal Communications Commission. Such payments (along with the completed Form
159) must be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox
#979088, SL-MO-C2- GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving 
bank TREAS/NYC, and Account Number 27000001. To complete the wire transfer and
ensure appropriate crediting of the wired funds, a completed Form 159 must be faxed to
U.S. Bank at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information
on FCC Form 159 and signing and dating the Form 159 to authorize the credit card
payment.  The completed Form 159 must then be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
8. IT IS FURTHER ORDERED that a copy of this NAL shall be sent, by First Class and 
Certified Mail-Return Receipt Requested, to S G Communications, 1429 Governors Ridge Court, 
Franklin, TN 37064.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division 
Media Bureau