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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Anastos Media Group, Inc. ) File No. EB-05-BS-073

   Licensee of Station WPEP )

   Taunton, Massachusetts ) NAL/Acct. No. 200732260001

   )

   Facility ID #61601 ) FRN. 0006 5575 99

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: December 5, 2006

   By the District Director, Boston Office, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Anastos Media Group, Inc. ("Anastos"), licensee of AM broadcast
       station WPEP, Taunton, Massachusetts, apparently willfully and
       repeatedly violated Section 73.1560(a)(1) of the Commission's Rules
       ("Rules") by failing to reduce the station's power to its nighttime
       power levels, in direct contravention of the terms of its station
       authorization. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Anastos is
       apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. Station WPEP's license specifies that the station must reduce power
       from its authorized daytime power of 1000 watts to its authorized
       nighttime power of 227 watts at local sunset time. The license also
       specifies that local sunset time is 4:15 p.m. (non-advanced Local
       Standard Time) during the month of December.

    3. On December 12 and 13, 2005, in response to a complaint, an agent with
       the FCC's Office in Boston, Massachusetts, monitored station WPEP from
       4:00 p.m. to 5:00 p.m. Eastern Standard Time ("EST") to determine if
       the station reduced power at 4:15 p.m. as required by its license. The
       agent took field strength measurements and found that, on both days,
       WPEP did not reduce power at 4:15 p.m. EST.

    4. On the morning of December 14, 2005, agents from the FCC's Boston
       Office took another set of field strength measurements and the
       measurements were the same as those taken on December 12 and 13.
       Agents also conducted an inspection of WPEP with the station's general
       manager and measured the station's output power. The agents determined
       that, due to equipment problems, the station was operating with a
       reduced daytime power of 497 watts. Because the field strength
       measurements taken that morning were the same as those taken after
       sunset on December 12 and 13, the agents were able to conclude that
       WPEP operated with approximately 497 watts after sunset on December 12
       and 13, in direct contravention of the station's license. The
       station's general manager stated that transmitter readings were not
       being taken and that he was not aware of the procedure for reducing
       power.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) of the Act has
       been interpreted to mean simply that the act or omissions are
       committed knowingly.  The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    6. Section 73.1560(a)(1) provides that "[t]he antenna input power of an
       AM station as determined by the procedures specified in S73.51 must be
       maintained as near as is practicable to the authorized antenna input
       power and may not be less than 90% nor more than 105% of the
       authorized power." Station WPEP's authorization specifies that the
       station must reduce power at sunset to 227 watts. The agents
       determined that on December 12 and 13, 2005, WPEP operated with
       approximately 497 watts during nighttime operation, which resulted in
       operation at approximately 219% of authorized nighttime power.
       Accordingly, based on the evidence before us, we find that Anastos
       willfully and repeatedly violated Section 73.1560(a)(1) of the Rules
       by failing to reduce power to the authorized nighttime levels as
       required by its license.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for exceeding the power limits is $4,000. In
       assessing the monetary forfeiture amount, we must 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. Applying the Policy Statement and
       the statutory factors to the instant case and applying the inflation
       adjustments, we believe that a four thousand dollar ($4,000) monetary
       forfeiture is warranted.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules
       ("Rules") Anastos Media Group, Inc. is hereby NOTIFIED of this NOTICE
       OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand
       dollars ($4,000) for willfull and repeated violation of Section
       73.1560(a)(1).

    9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this NOTICE OF APPARENT
       LIABILITY, Anastos Media Group, Inc. SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   10. 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/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Boston Office, One
       Batterymarch Park, Quincy, Massachusetts 02169 thirty (30) days from
       the release date of this Notice of Apparent Liability for Forfeiture
       and must include the NAL/Acct. No. referenced in the caption.

   12. 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.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
       shall be sent by Certified Mail, Return Receipt Requested, to Anastos
       Media Group, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis V. Loria

   District Director

   Boston  Office

   Enforcement Bureau

   47 C.F.R. S 73.1560(a)(1).

   47 C.F.R. S 503(b).

   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', 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1560(a)(1).

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission

   3

   Federal Communications Commission