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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Farmworker Educational Radio ) File No. EB-04-SD-033
Network, Inc, )
) NAL/Acct. No.
Licensee of FM Station KRIT ) 200432940001
Parker, Arizona )
Facility ID #88674 FRN: 0006911291
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 30, 2004
By the District Director, San Diego Office, Western Region,
1.1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find that Farmworker Educational
Radio Network, Inc. (``Farmworker''), the licensee of FM
Station KRIT in Parker, Arizona, apparently willfully and
repeatedly violated Section 73.1125(a) and (e) of the
Commission's Rules (``Rules''),1 by failing to maintain a
local main studio and a public phone number in its community
of license. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (``Act''),2 that
Farmworker is apparently liable for a forfeiture in the amount
of seven thousand dollars ($7,000).
1.2. On February 9, 2004, a field agent from the
Commission's San Diego Office attempted to conduct a routine
inspection of FM Station KRIT in Parker, Arizona. The field
agent discovered that there was neither a studio address nor
telephone listing for KRIT. A contact person for KRIT was
ultimately found through inquires with other broadcasters in
the area and an inspection was scheduled at the KRIT
1.3. On February 12, 2004, the field agent met with an
engineer for KRIT. The engineer advised the field agent that
the transmitter site had served as KRIT's studio since the
station began operations on December 15, 2002. The field
agent observed that the transmitter site was located on a dirt
road off a main street, was surrounded by a locked chain-link
fence, and that there were signs posted on the fence to warn
the public not to approach because of exposure to
electromagnetic radiation. The field agent found no means by
which the public could access the site. Inside the windowless
transmitter building, the field agent observed that it
contained, besides the transmitter itself, only a single desk
and chair. There were no restroom facilities, nor was there
any staff present at the site. According to the KRIT
engineer, no staff from the licensee ever visited the site,
except for maintenance of the transmitter and Emergency Alert
System equipment. The engineer also confirmed that no local
or toll-free telephone number existed for the public to
contact KRIT or to arrange to view the public inspection file,
which was maintained at the transmitter site.3 On February
20, 2004, an executive from the licensee acknowledged that
KRIT needed a local studio and a local phone number.4
1.4. Section 503(b) of the Act provides that any person
who willfully or repeatedly fails to comply substantially with
the terms and conditions of any license, or willfully or
repeatedly fails to comply with any of the provisions of the
Act or of any rule, regulation or order issued by the
Commission thereunder, shall be liable for a forfeiture
penalty. The term ``willful'' as used in Section 503(b) has
been interpreted to mean simply that the acts or omissions are
committed knowingly.5 The term ``repeated'' means the
commission or omission of such act more than once or for more
than one day.6
1.5. Section 73.1125(a) of the Rules requires the
licensee of a broadcast station to maintain a main studio at
one of the following locations: (1) within the station's
community of license; (2) at any location within the principal
community contour of any AM, FM or TV broadcast station
licensed to the station's community of license; or (3) within
twenty-five miles from the reference coordinates of the center
of its community of license as described in Section
73.208(a)(1).7 In addition, the station's main studio must
serve the needs and interests of the residents of the
station's community of license. To fulfill this function, a
station must, among other things, maintain a meaningful
managerial and staff presence at its main studio.8 The
Commission has defined a minimally acceptable ``meaningful
presence'' as full-time managerial and full-time staff
personnel.9 In addition, there must be ``management and staff
presence'' on a full-time basis during normal business hours
to be considered ``meaningful.''10 Although management
personnel need not be ``chained to their desks'' during normal
business hours, they must ``report to work at the main studio
on a daily basis, spend a substantial amount of time there and
... use the studio as a home base.''11 The site held out by
Farmworker as the main studio location for KRIT had no public
access and no staff presence. An executive of the licensee
later admitted to a Commission field agent that KRIT needed a
studio, therefore, the violation was willful. The failure to
maintain a main studio occurred on more than one day,
therefore, it was repeated.
1.6. Section 73.1125(e) requires every broadcast
station to maintain a local or a toll-free telephone number in
its community of license.12 An investigation by a Commission
field agent showed that there was no listing for a local or a
toll-free number for KRIT in the local phone listings. An
executive for the licensee acknowledged that a local phone
number was required, therefore, the violation was willful.
The failure to obtain a local or toll-free telephone for KRIT
occurred on more than one day, therefore, it was repeated.
1.7. Based on the evidence before us, we find that
Farmworker, apparently willfully and repeatedly violated
Section 73.1125(a) and (e) of the Rules, by failing to
maintain a local main studio and failing to maintain a local
phone number in its community of license or a toll-free
1.8. Pursuant to The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, (``Forfeiture Policy
Statement''), and Section 1.80 of
the Rules, the base forfeiture amount for failing to comply with
the main studio requirements, is $7,000.13 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 Act,
which include the nature, circumstances, extent, and gravity of
the violation(s), 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.14 Applying the
Forfeiture Policy Statement, Section 1.80, and the statutory
factors, a $7,000 forfeiture is warranted.
IV. ORDERING CLAUSES
1.9. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as amended,
and Sections 0.111, 0.311 and 1.80 of the Commission's Rules,
Farmworker Educational Radio Network Inc., is hereby NOTIFIED
of their APPARENT LIABILITY FOR A FORFEITURE in the amount of
seven thousand dollars ($7,000) for violating Section
73.1125(a) and (e) of the Commission's Rules.15
1.10. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Commission's Rules, within thirty days of the
release date of this Notice of Apparent Liability for
Forfeiture, Farmworker Educational Radio Network, Inc., shall
pay the full amount of the proposed forfeiture or shall file a
written statement seeking reduction or cancellation of the
1.11. 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 must include the FCC Registration Number (FRN) and
the NAL/Acct. No. referenced in the caption.
1.12. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Western Region,
San Diego Office, 4542 Ruffner Street - Suite 370, San Diego,
California 92111 and must include the NAL/Acct. No. referenced
in the caption.
1.13. 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.
1.14. Requests for payment of the full amount of this
Notice of Apparent Liability for Forfeiture under an
installment plan should be sent to: Chief, Revenue and
Receivable Operation Group, 445 12th Street, S.W., Washington,
1.15. 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 address listed above
for the filing of the response. 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.
1.16. IT IS FURTHER ORDERED that this Notice of Apparent
Liability for Forfeiture shall be sent, by Certified Mail,
Return Receipt Requested, and regular mail, to Farmworker
Educational Network, Inc., 4600 Ashe Road, Suite 313,
Bakersfield, California 93313. Additionally, a copy of this
Notice of Apparent Liability for Forfeiture shall be sent by
regular mail to Farmworker Educational Network, Inc., 6313
Scherra Court, Bakersfield, California 93313.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
San Diego Office
Enclosure: FCC List of Small Entities
147 C.F.R. § 73.1125(a),(e).
247 U.S.C. § 503(b).
3The field agent was informed that a copy of the public file was
also located at the City of Parker Public Library.
4Farmworker is also the licensee of KCEC-FM in Wellton, Arizona.
The main studio for that station is over one hundred miles from
5Section 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 or any rule or regulation of the Commission authorized
by this Act ....'' See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
6Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
applies to violations for which forfeitures are assessed under
Section 503(b) of the Act, provides that ``[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
747 C.F.R. § 73.208(a)(1).
8See Main Studio and Program Origination Rules, 2 FCC Rcd 3215,
3217-18 (1987), clarified 3 FCC Rcd 5024, 5026 (1988).
9Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616
(1991), clarified 7 FCC Rcd 6800 (1992).
117 FCC Rcd at 6802.
1247 C.F.R. § 73.1125(e).
1312 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999);
47 C.F.R. §1.80.
1447 U.S.C. § 503(b)(2)(D).
1547 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80,
16See 47 C.F.R. § 1.1914.