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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-PA-
Broadcast Learning Center, Inc. ) NAL/Acct. No.
Cherry Hill, New Jersey ) FRN: 0007-83-6190
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 6, 2003
By the District Director, Philadelphia Office, Enforcement
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Broadcast Learning Center, Inc. (``BLCI'')
has apparently violated Section 74.532(e) of the Commission's
Rules (the ``Rules'')1 by operating station WHS405 at an
unauthorized location. We conclude that BLCI is apparently
liable for a forfeiture in the amount of four thousand dollars
2. The license for station WHS405 authorizes BLCI to
operate an aural broadcast auxiliary station on the frequencies
948.375 MHz and 948.625 MHz near the intersection of 11th Street
and Moss Avenue, Hammonton, New Jersey. However, on October 15,
2002, an FCC agent with the Enforcement Bureau's Philadelphia
Office inspected the station and found that BLCI was operating
the station at an unauthorized location. Specifically, BLCI was
operating the station at 308 Dutton Mill Road, Brookhaven
Pennsylvania, which is over 30 miles from the site authorized in
3. On October 21, 2002, the Philadelphia Office issued a
Notice of Violation to BLCI for operating station WHS405 at an
unauthorized location, in violation of Section 74.532(e) of the
Rules. By letter dated October 30, 2002, BLCI submitted a
response to the Notice of Violation. In the response, BLCI
acknowledged to have operated station WHS405 at the unauthorized
location since at least March 17, 1998. BLCI stated that
although it had filed an application with the Commission to
relocate the station to 308 Dutton Mill Road, Brookhaven,
Pennsylvania, it was unaware that the Commission returned the
application on September 27, 1988. BLCI stated that on October
24, 2002, it filed another license modification application and
an application for Special Temporary Authority.
4. Section 74.532(e) of the Rules requires that each aural
broadcast auxiliary station will be licensed at a specified
transmitter location to communicate with a specified receiving
location, and the direction of the main radiation lobe of the
transmitting antenna will be a term of the station authorization.
Between March 17, 1998 and October 15, 2002, BLCI operated aural
broadcast auxiliary station WHS405 at an unauthorized location.
5. Based on the evidence before us, we find that BLCI
willfully2 and repeatedly3 violated Section 74.532(e) of the
Rules. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporated the
Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon.
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy Statement''),4
sets the base forfeiture amount for operating a station at an
unauthorized location at four thousand dollars ($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 Communications Act of 1934,5 (the ``Act''), as amended,
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
Forfeiture 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
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended6, and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules7, BLCI
is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in
the amount of four thousand dollars ($4,000) for operating
station WHS405 at an unauthorized location, in violation of
Section 74.532(e) of the Rules.
7. 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, BLCI SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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 must include
the FCC Registration Number (FRN) referenced above, and also
should note the NAL/Acct. No. 200332400004.
9. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE THE NAL/Acct. No. 200332400004 and FRN:
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. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.9
12. 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 [relevant 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.
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Broadcast Learning Center, Inc. at 1445 Skippack
Pike, Blue Bell, Pennsylvania 19422.
FEDERAL COMMUNICATIONS COMMISSION
John E. Rahtes
Attachment A - FCC's List for Small Entities
1 47 C.F.R § 74.532(e)
2 Section 312(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 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 (1991).
3 Section 312(f)(2), which also applies to Section 503(b),
provides: [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.
47 C.F.R. § 1.80.
5 47 U.S.C § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 47 C.F.R. § 1.80.
See 47 C.F.R. § 1.1914.