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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-TP-224
Gore-Overgaard Broadcasting, ) NAL/Acct.No. 200432700002
Inc. ) FRN 0002-8427-63
Licensee of Radio Station )
WROD(AM) in )
Daytona Beach, Florida
Vero Beach, Florida
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 14, 2003
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Gore-Overgaard Broadcasting, Inc.
(``Gore-Overgaard''), licensee of AM radio station WROD,
Daytona Beach, Florida, apparently liable for a forfeiture
in the amount of two thousand dollars ($2,000) for repeated
and willful violation of Section 11.52(d) of the
Commission's Rules (``Rules'').1 Specifically, we find
Gore-Overgaard apparently liable for failing to monitor the
required Emergency Alert System (``EAS'') sources.
2. On February 7, 2002, agents from the FCC
Enforcement Bureau's Tampa Field Office (``Tampa Office'')
inspected station WROD (AM) in Daytona Beach, Florida. The
agent found the station's EAS receivers not monitoring the
3. On February 28, 2002, the Tampa Office issued to
Gore-Overgaard a Notice of Violation (``NOV'') citing WROD's
failure to monitor its assigned EAS sources. Gore-
Overgaard's response to the NOV stated that WROD now
monitored the two assigned EAS sources, namely WDBO (580 AM)
and WFLF (540 AM), as well as the National Weather Service.
3. On April 14, 2003, agents from the Tampa Office
again inspected station WROD (AM). The broadcast station
log contained no entries reflecting sending or receiving any
EAS monthly tests, no entries of EAS equipment malfunctions,
and no entries of explanations for failure to conduct the
monthly tests. The station's EAS unit could receive only
the National Weather Service source, and not the other two
assigned EAS sources.
4. Section 11.52(d) of the Rules requires broadcast
stations to monitor two EAS sources specified in the State
EAS Plan and FCC Mapbook. On February 7, 2002, and on April
14, 2003, station WROD failed to monitor its assigned EAS
5. Based on the evidence before us, we find that Gove-
Overgaard repeatedly2 and willfully3 violated Section
11.52(d) of the Rules by failing to monitor assigned EAS
6. Section 1.80(b)(4) of the Rules4 sets forth the
base forfeiture amounts for various violations of the
Commission's Rules. Section 1.80(b)(4) of the Rules sets
the base forfeiture amount at $2,000 for failure to make
required measurements or conduct required monitoring (e.g.,
failure to monitor EAS sources). In assessing the monetary
forfeiture amount, we must also take into account the
statutory factors set forth in Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``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.''5
Considering the entire record and applying the factors
listed above, this case warrants a $2,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,6 and Sections 0.111, 0.311 and
1.80 of the Rules,7 Gore-Overgaard. is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
two thousand dollars ($2,000) for repeated and willful
violation of Section 11.52(d) of the Rules by failing to
monitor its assigned EAS sources.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Gore-Overgaard SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
9. 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. Request for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue
and Receivable Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
10. 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.
11. 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
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 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.
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Gore-Overgaard Broadcasting, Inc., 1000 Olde
Doubloon Drive, Vero Beach, FL, 32963.
Ralph M. Barlow
District Director, Tampa
1 47 C.F.R. § 11.52(d).
32 The 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
U.S.C. § 312(f)(2).
Section 312(f)(1) of the Act, 47 U.S.C. § 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 ....'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R. § 1.80(b)(4).
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 See 47 C.F.R. § 1.1914.