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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
James J. Chladek ) File No. EB-08-NY-0093
Licensee of AM Radio Station WXMC ) NAL/Acct. No. 200832380011
Parsippany-Troy Hill, New Jersey ) FRN: 0004 8028 80
Facility ID # 29957 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 19, 2008
By the District Director, New York Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that James J. Chladek ("Chladek"), licensee of AM radio station WXMC
in Parsippany-Troy Hill, New Jersey, apparently willfully and
repeatedly violated Section 73.3526(e)(12) of the Commission's Rules
("Rules) by failing to maintain radio issues/programs lists in the
public inspection file. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Chladek is
apparently liable for a forfeiture in the amount of four thousand
2. On his most recent license renewal application (File No.
BRED-20060201AQA) for station WXMC, granted May 26, 2006, Chladek
certified that the station's quarterly issues/programs lists had not
been timely placed in the public inspection file, and that the
licensee has taken corrective steps to ensure that all necessary
documentation required to be kept in the file has been, or will
immediately be, placed in the file.
3. On March 17, 2008, an agent from the Commission's New York Office
conducted an inspection of radio station WXMC's main studio and
transmitter located at 1 Percypenny Lane, Parsippany, New Jersey. The
inspection was conducted with the station's alternate chief operator
and the manager of the leased-time entity. The agent also spoke to the
chief operator by phone during the inspection. The agent inspected the
station's public file and found that it did not contain any quarterly
radio issues/programs lists. The chief operator, alternate chief
operator, and station manager all admitted to the agent that the
station did not have any issues/programs lists. The agent advised the
chief operator, alternate chief operator, and station manager of the
violation. The chief operator stated that the required items will be
placed in the public file.
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. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 73.3526(e)(12) of the Rules requires licensees to place in
their public inspection file, for each calendar quarter, a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. Copies of
the lists must be retained in the public inspection file until final
action has been taken on the station's next license renewal
application. The list shall include a brief narrative describing what
issues were given significant treatment and the programming that
provided this treatment. The description of the programs shall
include, but shall not be limited to, the time, date, duration, and
title of each program in which the issue was treated. On March 17,
2008, an agent inspected WXMC's main studio and found that the file
did not contain quarterly radio issues/programs lists. During the
inspection, the chief operator and alternate chief operator both
admitted to the agent that the station did not maintain any
issues/programs lists. Because Chladek failed to maintain
issues/programs lists even after certifying in the station's 2006
renewal application that such lists would be maintained, we find that
Chladek's violation was willful. The violation continued for more than
one day; therefore, the violation was repeated. Accordingly, based on
the evidence before us, we find that Chladek apparently willfully and
repeatedly violated Section 73.3526(e)(12) of the Rules by failing to
maintain radio issues/programs lists in the public inspection file.
6. 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 the public file rule is
$10,000. Because Chladek's public file was mostly complete, we
conclude a reduction in the base forfeiture amount for the public file
violation to $4,000 is appropriate. 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,
and the statutory factors to the instant case, we conclude that
Chladek is apparently liable for a $4,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
.314 and 1.80 of the Commission's Rules, James J. Chladek is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
four thousand dollars ($4,000) for violation of Section 73.3526(e)(12)
8. 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, James J. Chladek 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 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. Chladek shall also send
electronic notification on the date said payment is made to
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, New York Office, 201
Varick Street, New York, NY 10014 and must include the NAL/Acct. No.
referenced in the caption. An electronic copy shall be sent to
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 submitted.
12. 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 James J. Chladek at his address of
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York Office
47 C.F.R. S: 73.3526(e)(12).
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(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,
Federal Communications Commission
Federal Communications Commission