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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Capstar TX Limited Partnership ) File No. EB-06-BS-128
Licensee of Station WTSJ )
Randolph, Vermont ) NAL/Acct. No. 200732260003
Facility ID #63472 ) FRN. 003474947
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 12, 2007
By the District Director, Boston Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Capstar TX Limited Partnership ("Capstar"), licensee of AM
broadcast station WTSJ, Randolph, Vermont, apparently willfully and
repeatedly violated Section 73.1745(a) of the Commission's Rules
("Rules") by failing to reduce the station's power to its nighttime
power levels, in direct contravention of the terms of its station
authorization. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Capstar is
apparently liable for a forfeiture in the amount of four thousand
2. Station WTSJ's license specifies that the station must reduce power
from its authorized daytime power of 1000 watts to its authorized
nighttime power of 66 watts at local sunset time. The license also
specifies that local sunset time is 8:00 p.m. Eastern Daylight Time
("EDT") during the month of August.
3. On August 29 and 30, 2006, in response to a complaint, an agent with
the FCC's Boston Office monitored station WTSJ from 7:45 p.m. to 9:00
p.m. EDT to determine if the station reduced power at 8:00 p.m., as
required by its license. The agent took field strength measurements
and found that, on both days, WTSJ did not reduce power at 8:00 p.m.
4. At 8:30 a.m. on August 31, 2006, the agent again took field strength
measurements and the measurements were the same as those taken on
August 29 and 30. The agent also conducted an inspection of WTSJ with
the station manager and an engineer for Capstar. During the
inspection, the agent measured the station's output power and
determined that the station was being operated at the 1000 watt level.
Because the field strength measurements taken that morning were the
same as those taken after sunset on August 29 and 30, the agent was
able to conclude that WTSJ operated with approximately 1000 watts
after sunset on August 29 and 30, 2006. The station manager and
Capstar engineer reported that the station operated unattended during
the evening hours and that the power should have been automatically
reduced by the station's remote control system.
5. 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) of the Act has
been interpreted to mean simply that the act or omissions are
committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
6. Section 73.1745(a) provides that "[n]o broadcast station shall operate
at times, or with modes or power, other than those specified and made
part of the license...." Station WTSJ's authorization specifies that
the station must reduce power at sunset to 66 watts. The agent
determined, based on field strength measurements made on August 29,
30, and 31, 2006, that station WTSJ failed to reduce power to its
authorized nighttime levels at sunset and continued to operate at the
daytime power level on August 29 and 30, 2006. Accordingly, based on
the evidence before us, we find that Capstar willfully and repeatedly
violated Section 73.1745(a) of the Rules by failing to reduce power to
the authorized nighttime levels as required by its license.
7. 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 exceeding the power limits is $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 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. Applying the 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 warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act
and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules
("Rules") Capstar TX Limited Partnership is hereby NOTIFIED of this
NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four
thousand dollars ($4,000) for willfull and repeated violation of
9. 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, Capstar TX Limited Partnership SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
transfer may be made to ABA Number 043000261, receiving bank Mellon
Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Boston Office, One
Batterymarch Park, Quincy, Massachusetts 02169 thirty (30) days from
the release date of this Notice of Apparent Liability for Forfeiture
and must include the NAL/Acct. No. referenced in the caption.
12. 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.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by Certified Mail, Return Receipt Requested, to Capstar
TX Limited Partnership at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis V. Loria
47 C.F.R. S: 73.1745(a).
47 C.F.R. S: 503(b).
The station's call sign was changed from WWWT to WTSJ on September 1,
2006, and will be referred to herein as WTSJ.
Section 312(f)(1) of the Act, 47 U.S.C. S: 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).
Section 312(f)(2) of the Act, 47 U.S.C. S: 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 one day."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(D).
47 U.S.C. S:503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1745(a)
See 47 C.F.R. S: 1.1914.
Federal Communications Commission
Federal Communications Commission