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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-CF-723
JMK Communications, Inc. ) NAL/Acct. No.
Brunswick, Maryland ) FRN: 0006-1615-09
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 28,
By the District Director, Columbia Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that JMK Communications, Inc. (``JMK'') has
apparently violated Sections 1.89, 73.49, and 73.1125(a) of the
Commission's Rules1 (``Rules'') by failing to respond to
Commission correspondence, failing to enclose their antenna in an
effective locked fence, and failure to maintain a meaningful
staff presence at the main studio. We conclude that JMK is
apparently liable for forfeiture in the amount of eighteen
thousand dollars ($18,000).
2. On November 14, 2002, an agent from the Commission's
Columbia Maryland office attempted an inspection of station WTRI,
Brunswick, Maryland for compliance with FCC Rules. The agent
found that the station had failed to maintain a meaningful staff
presence at the main studio because it was locked and unmanned
from 1:10 PM until the agent departed the studio address at 3:45
pm. The agent also observed that the station did not have one of
the three antenna towers enclosed in an effective locked fence.
3. On November 22, 2002, the agent returned to the
station. Again, the main studio was locked and unmanned. The
agent found a note on the studio door directing visitors across
the street to the residence of a station employee. The agent
found the employee and completed an inspection. The employee
identified himself as the chief engineer. The FCC agent found no
management staff presence at the main studio.
4. On December 16, 2002, the Columbia Office issued a
Notice of Violation (``NOV'') to JMK for violation of Sections
11.15, 73.49, 73.1125(a), 73.1125(e), 73.3526(c) and
73.3526(e)(12) of the Rules2. The NOV was mailed to the address
of record. No reply was received to the NOV.
5. On January 17, 2003, the Columbia Office issued a
follow up letter to the NOV with a copy of the NOV attached. The
letter was mailed to the address of record by certified mail with
return receipt requested. The Columbia Office received a postal
receipt proving delivery of the letter on January 25, 2003. The
Office has not received a reply to the letter of January 17th.
5. Section 1.89 of the Rules specifies that the recipient
shall send a written reply within ten days of receipt of an
official notice to the Commission office originating the official
notice. The Columbia Office has received no reply to the NOV or
6. Section 73.49 of the Rules requires that antennas that
have radio frequency potential (voltage) at the base of the tower
are required to enclose the antenna in an effective locked fence
to protect the public. On November 14, 2002 a Columbia Office
agent photographed a large gap in the fence around on one of the
station's towers where the fencing had pulled away from its
7. Section 73.1125(a) of the Rules requires that licensees
maintain a main studio. In the Commission's Memorandum Opinion
and Order3 on main studio rules released August 17, 1988, the
Commission stated that ``a station must equip the main studio
with production and transmission facilities that meet applicable
standards, maintain continuous program transmission capability,
and maintain a meaningful management and staff presence.'' On
November 14, 2002, a Columbia Office agent attempted to inspect
the station during normal business hours and found the main
studio locked and unmanned. Additionally, the FCC agent could
not contact the station because it lacked a local or toll-free
telephone number available to the public as required by Section
73.1125 (e) of the Rules. At the time of inspection on November
22, 2002, JMK had no management presence at the main studio, only
8. Based on the evidence before us, we find that JMK
willfully4 violated Sections 1.89, 73.49, and 73.1125(a) of the
Rules by failing to respond to Commission correspondence, failing
to enclose the antenna structure in an effective locked fence,
and failing to have a meaningful staff and management presence at
the main studio.
9. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon.
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy Statement'')5,
sets the base forfeiture amounts at $4,000 for failure to reply
to Commission correspondence, $7,000 for failure to enclose the
antenna in an effective locked fence, and $7,000 for failure to
have a meaningful management and staff presence at the main
studio. 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 (``Act''), as
amended,6 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 an eighteen thousand dollar ($18,000) monetary forfeiture is
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act7 and Sections 0.111, 0.311 and 1.80 of the
Rules,8 JMK is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of eighteen thousand dollars ($18,000)
for willfully violating Sections 1.89, 73.49, and 73.1125(a) of
11. 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, JMK SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
12. 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. 200332340005, and FRN 0006-1615-09.
13. 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. 200332340005.
14. 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
15. 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
16. 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 Media Bureau. 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.
17. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail, Return
Receipt requested, to JMK Communications, Inc., 4525 Wilshire
Boulevard, Los Angeles, California 90010.
Charles C. Magin
Attachment A - FCC List of Small Entities, October 2002
147 C.F.R. §§ 1.89, 73.49 and 73.1125(a).
247 C.F.R. §§ 11.15, 73.1125(e), 73.3526(c) and 73.3526(e)(12).
3 See Memorandum Opinion and Order, 3 FCC Rcd No. 17 (1988) at
4 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).
547 C.F.R. § 1.80.
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, and 0.311.
9 See 47 C.F.R. § 1.1914.