Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
New World Broadcasting Company, ) File Number EB-01-OR-254
KCLF(AM) ) NAL/Acct.No. 200232620003
New Roads, Louisiana )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 27, 2001
By the Enforcement Bureau, New Orleans Field Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that New World Broadcasting Company, Inc. (``New World'')
apparently violated Sections 11.35(a) and 73.1400 of the
Commission's Rules (``Rules'') by failing to operate and install
Emergency Alert System (``EAS'') equipment, and failing to
monitor and control the transmission system.1 We conclude that
New World is apparently liable for a forfeiture in the amount of
eleven thousand dollars ($11,000).
2. On September 20, 2001, an agent from the New Orleans
Field Office (``Field Office'') inspected KCLF(AM). During this
inspection, the agent determined that the EAS equipment was not
installed, and there was no control or monitoring of the
3. On September 27, 2001, the Field Office issued a Notice
of Violation (``NOV'') to New World citing these deficiencies.
4. On October 15, 2001, the Field Office received a reply
to the NOV stating that the defective EAS equipment would be
repaired or replaced, and that a remote control unit would be
installed to monitor and control the transmission system.
5. Section 11.35(a) of the Rules, 47 C.F.R. § 11.35(a),
states in part that, ``[b]roadcast stations and cable systems and
wireless systems 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 and transmitting functions are available during the
times the stations and systems are in operation.''
6. Section 73.1400 of the Commission's Rules, 47 C.F.R. §
73.1400, addresses transmission system monitoring and control.
In general, this section requires stations to operate in
compliance with applicable technical rules and the terms of the
station authorization by employing various methods or levels of
transmission system monitoring and supervision that will preclude
out-of-tolerance operation. In this case, there was no control of
the transmitter at the operating position and the transmitter was
being left on 24 hours per day in violation of the terms of the
7. Based on the evidence before us, we find that New World
willfully2 violated Sections 11.35(a) and 73.1400 of the Rules by
failing to have EAS equipment installed so that monitoring and
transmitting functions were available, and failing to monitor and
control the transmission system.
8. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for failure to install and have
operational EAS equipment is $8,000 and the base forfeiture
amount for violation of the transmission control and metering
requirements is $3,000.3 Section 503(b)(2)(D) of the Act
requires us to 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.''4 Applying Section 1.80(b)(4) of the Rules and
statutory factors to the instant case, we find no compelling
evidence to support any adjustments to the base forfeiture
amounts. Therefore, a total forfeiture in the amount of $11,000
IV. ORDERING CLAUSES
9.Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,5 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 New
World Broadcasting Company, Inc. is hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of eleven
thousand dollars ($11,000) for willful violation of Sections
11.35(a) and 73.1400 of the Commission's Rules.7
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules8, within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, New World Broadcasting
Company, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11. Payment of the forfeiture may be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. referenced in the letterhead above.
12. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. referenced in the letterhead above.
13. 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.
14. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to New World Broadcasting Company, Inc. at P.O. Box 9,
803 Parent Street, New Roads, Louisiana 70760.
FEDERAL COMMUNICATIONS COMMISSION
James C. Hawkins
New Orleans Field Office
1 47 C.F.R. §§ 11.35(a) and 73.1400
2 Section 3132(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to Section 503(b) of the Act, provides that ``[t]he term
`willful' when used with reference to commission or omission of
any act, means that conscious and deliberate commission or
omission of such an act, irrespective of any intent to violate
any provision of this Act....'' See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 47 C.F.R. § 1.80(b)(4)
4 47 U.S.C. § 503 (b)(2)(D)
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 47 C.F.R. §§ 11.35(a) and 73.1400
8 47 C.F.R. § 1.80.
9 See 47 C.F.R. § 1.1914.