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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-KC-022
Lebanon Educational ) NAL/Acct.No. 200332560022
Broadcasting Foundation )
Licensee of Radio Station KTTK ) FRN 0002-5292-38
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 18, 2003
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Lebanon Educational Broadcasting
Foundation (``Lebanon''), licensee of radio station KTTK,
Lebanon, Missouri, apparently liable for a forfeiture in the
amount of four thousand dollars ($4,000) for willful
violation of Section 73.3527(c)(1) of the Commission's Rules
(``Rules'').1 Specifically, we find Lebanon apparently
liable for failure to make available all required items in
the station's public inspection file.
2. On January 30, 2003, an agent from the FCC's Kansas
City Field Office inspected FM station KTTK located in
Lebanon, Missouri. The station's public file did not
contain a contour map, a copy of ``The Public and
Broadcasting'' manual, and current issues/programs lists.
None of these items were made available upon request during
regular business hours.
3. Section 73.3527(a)(2)2 of the Rules requires every
non-commercial educational broadcast licensee or permittee
to maintain a public inspection file containing certain
material. Section 73.3527(c)(1) of the Rules requires the
public inspection file be available for public inspection at
any time during regular business hours. On January 30,
2003, Lebanon failed to make available upon request KTTK's
complete public inspection file during regular business
hours. Section 73.3527(e)(3) of the Rules3 requires a copy
of any service contour maps, submitted with any application
tendered for filing with the FCC, together with any other
information in the application showing service contours and
to be retained in the public file for as long as they
reflect current, accurate information regarding the station.
No contour map was available at the time of inspection.
Section 73.3527(e)(7) of the Rules4 requires a copy of The
Public and Broadcasting be available in the public file.
The manual was not available at the time of inspection.
Section 73.3527(e)(8) of the Rules5 requires a list of
programs that have provided the station's most significant
treatment of community issues during the preceding three
month period. The list shall include a brief narrative
describing what issues were given significant treatment and
the programming that provided this treatment. The
description of the programs shall include, but shall not be
limited to, the time, date, duration and title of each
program in which the issue was treated. The lists shall be
retained in the public inspection file until final action
has been taken on the station's next renewal application.
The issues/programs list for the last two quarters of 2001
and all four quarters of the year 2002 were not available in
the pubic file at the time of inspection.
4. Based on the evidence before us, we find that on
January 30, 2003, Lebanon willfully6 violated Section
73.3527(c)(1) of the Rules by failing to make available
during regular business hours the complete public inspection
file for station KTTK.
5. Pursuant to Section 1.80(b)(4) of the Rules, the
base forfeiture amount is $10,000 for violation of the
public file rules.7 Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``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.''8 Because KTTK's public file
contained a portion of the required items, a downward
adjustment of the base forfeiture amount for this violation
from $10,000 to $4,000 is warranted. Considering the entire
record and applying the statutory factors listed above, this
case warrants a $4,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,9 and Sections 0.111, 0.311 and
1.80 of the Rules,10 Lebanon Educational Broadcasting
Foundation is hereby NOTIFIED of its APPARENT LIABILITY FOR
A FORFEITURE in the amount of four thousand dollars ($4,000)
for willful violation of Section 73.3527(c)(1) of the Rules,
by failing to make available during regular business hours
the complete public inspection file.
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Lebanon Educational Broadcasting Foundation SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE
a written statement seeking reduction or cancellation of the
8. 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. and FRN referenced
above. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554. 11
9. 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 above.
10. 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
11. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
12. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by regular and Certified
Mail Return Receipt Requested to Lebanon Educational
Broadcasting Foundation at P. O. 1232, Lebanon, Missouri
Robert C. McKinney
District Director, Kansas City
1 47 C.F.R § 73.3527(c)(1).
2 47 C.F.R. § 73.3527(a)(2).
3 47 C.F.R. § 73.3527(e)(3).
4 47 C.F.R. § 73.3527(e)(7).
5 47 C.F.R. § 73.3527(e)(8).
6 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally to 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 ....''
See Southern California Broadcasting Co., 6 FCC Rcd 4387
7 47 C.F.R. § 1.80(b)(4).
8 47 U.S.C. § 503 (b)(2)(D).
9 47 U.S.C. § 503(b).
10 47 C.F.R. §§ 0.111, 0.311, 1.80.
11 See 47 C.F.R. § 1.1914.