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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Phillips Broadcasting, LLC
Licensee of station WAOC File Number EB-07-TP-191
St. Augustine, FL 32084 File Number EB-07-TP-209
Facility ID Number: 2706 NAL/Acct. No. 200832700015
Licensee of station WFOY FRN: 001-52288-93
St. Augustine, FL 32084
Facility ID Number: 60271
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 10, 2008
By the District Director, Tampa Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Phillips Broadcasting, LLC ("Phillips"), licensee of stations
WAOC and WFOY, in St. Augustine, Florida, apparently willfully and
repeatedly violated Section 73.3526 of the Commission's Rules
("Rules") by failing to maintain and make available complete public
inspection files. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Phillips is
apparently liable for a forfeiture in the amount of eight thousand
2. Stations WAOC and WFOY are co-located, co-owned stations. On October
17, 2007, agents from the Commission's Tampa Office of the Enforcement
Bureau ("Tampa Office") requested to inspect stations WAOC and WFOY's
public inspection files during normal business hours. Station WAOC was
unable to locate or make available any Issues-Programs lists after the
1st quarter (Jan-March) 2006. Station WFOY was unable to locate or
make available any Issues-Programs lists after the 3rd quarter
(July-Sept) 2006. There was no evidence at the main studio that
Stations WAOC and WFOY had ever maintained Issues-Programs lists after
March and December 2006, respectively.
3. 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 acts 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.
4. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection, a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules states that the file
shall be available for public inspection at any time during regular
business hours. Section 73.3526(e)(12) of the Rules requires a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period
("Issues/Programs list") to be placed in the public inspection file.
Copies of the lists must be maintained in the file until final action
has been taken on the station's next renewal application. On October
17, 2007, in response to requests made during normal business hours,
Station WOAC and WFOY were unable to make available radio
Issues/Programs lists after the first quarter (Jan-March) 2006 and
third quarter (July-Sept) 2006, respectively. There was no evidence at
the co-located main studio that either station maintained
Issues/Programs lists after these quarters in 2006. Based on the
evidence before us, we find that Phillips apparently willfully
violated Section 73.3526 of the Rules by failing to make available
complete inspection files for Stations WOAC and WFOY and apparently
willfully and repeatedly violated Section 73.3526 of the Rules by
failing to maintain complete public inspection files for Stations WOAC
5. 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 violation of public inspection file rules
is $10,000. Because the public inspection files for stations WAOC and
WFOY contained a portion of the required items a downward adjustment
of the base amount to $4,000 for each station is warranted (total of
$8,000). In assessing the monetary forfeiture amount, we must also
take into account the statutory factors set forth in Section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, and with respect to the
violator, the degree of culpability, and history of prior offenses,
ability to pay, and other such matters as justice may require.
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that
Phillips is apparently liable for a $8,000 forfeiture.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the
Commission's Rules, Phillips Broadcasting, LLC, is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of eight thousand
dollars ($8,000) for violations of Section 73.3526 of the Rules.
7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture, Phillips Broadcasting, LLC, SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.
8. 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/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment[s] by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures.
9. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
2203 N. Lois Avenue, Suite 1215, Tampa, Florida, 33607 and must
include the NAL/Acct. No. referenced in the caption.
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 submitted.
11. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Phillips Broadcasting, LLC at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
South Central Region
47 C.F.R. S: 73.3526.
47 U.S.C. S: 503(b).
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."
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
47 C.F.R. S: 73.3526(e)(12).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.3526
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Federal Communications Commission
Federal Communications Commission