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                         1.   Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )
                                 )
McGraw-Hill   Broadcasting  Co.,  )   File No. EB-02-IH-0619
Inc.                              )   NAL/Acct. No. 200432080007
                                 )   FRN: 0003476827 
Licensee of Station WRTV(TV)      )   Facility ID # 40877
Indianapolis, Indiana             )
                                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:   November 24, 2003            Released:   November 
26, 2003

By the Chief, Enforcement Bureau:

                       I. INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that McGraw-Hill Broadcasting 
Co., Inc. (``M-H''), licensee of Station WRTV(TV), 
Indianapolis, Indiana, apparently violated section 73.3526 
of the Commission's rules,1 by willfully and repeatedly 
failing to provide public access to the station's local 
public inspection file.  Based upon our review of the facts 
and circumstances in this case, we conclude that M-H is 
apparently liable for a forfeiture in the amount of Eight 
Thousand Dollars ($8,000.00). 

                       II. BACKGROUND

     2.   The Commission received a complaint from Mr. 
Martin Hensley arguing that Station WRTV(TV) did not comply 
with the Commission's public file rule.2  Mr. Hensley 
alleges that, on January 9, 2002, he visited the station and 
asked to see the station's local public inspection file but 
was told that he could either wait as much as an hour to 
view the file or leave his name so that an appointment could 
be made.  Mr. Hensley further alleges that, when he returned 
to the station later that same day to view the file, station 
personnel indicated that he could view only specific items.  
Mr. Hensley declares that, at first, he was allowed access 
only to letters from viewers sent in calendar years 1999 
through 2001.  He states that, eventually, he also reviewed 
some emails from viewers after making a separate request 
that he be permitted to do so.  Mr. Hensley relates that, 
when he made a second visit to the station on January 14, 
2002, he was initially requested to make an appointment.  
However, Mr. Hensley concedes that, ultimately, the station 
produced some, but not all, license term emails from 
viewers.  Finally, Mr. Hensley claims that the station's 
file included a copy of a coverage map that had been filed 
with the station's construction permit application, but not 
a more accurate map that shows the station's actual 
coverage.  After reviewing the complaint, the staff of the 
Enforcement Bureau sent to the licensee a letter of inquiry 
(``LOI'') dated July 30, 2002, which included a copy of the 
complaint. 3

     3.   Both before M-H responded to the Bureau's LOI and 
shortly thereafter, the Commission received additional 
complaints concerning M-H's compliance with the Commission's 
local public inspection file rule.  The first, from Mr. P. 
Frederick Pfenninger, alleges that, on July 11, 2002, he 
arrived at the station, asked to see the public file, and 
had to wait approximately 15 minutes before the receptionist 
informed him that no one was available to show him the file 
and that he would have to come back and make an appointment 
for another day.4  Another complainant, Ms. Pamela Jones, 
alleges that, on August 1, 2002, she was not allowed to 
browse through the file.  Instead, she was asked 
specifically what documents she wished to see and was 
initially given only them to view.5  A third complainant, 
Ms. Canyce McAllister, contends that, on August 15, 2002, 
she was not allowed to view the station's public file at all 
because she would not state why she wanted to see the file.6  
A fourth complainant, Mr. George Price, states that he was 
allowed to see the file only after he had provided a reason 
for doing so and that he was limited to seeing only specific 
items, namely, complaints from the last three years.  Even 
then, Mr. Price claims that he saw only four letters.7  All 
four complainants affirmed their allegations under penalty 
of perjury.  Following review of the four additional 
complaints, the Enforcement Bureau staff sent a second LOI 
dated September 19, 2002, to M-H.8

     4.    In responding to the Bureau's First LOI, M-H 
acknowledges that Mr. Hensley was not allowed to view the 
WRTV(TV) file during his first visit to the station.9  M-H 
explains that the station staff person formerly responsible 
for the public file had retired.  M-H concedes that the 
staff member who dealt with Mr. Hensley during his first 
visit misunderstood and did not comply with station policy, 
which was to make the file available during normal business 
hours to anyone who wished to see it.10  In any event, M-H 
contends that the file ultimately given to Mr. Hensley 
contained more than 500 articles of correspondence 
concerning the station's operation.  M-H states that, after 
Mr. Hensley had expressed his belief that additional emails 
had been sent to the station, it checked its email files and 
located and printed out the emails for him to review.11  M-H 
submits that it provided copies of all emails requested by 
Mr. Hensley at no charge within seven days of his first 
visit. 12  M-H further contends that its public file 
contained the appropriate coverage map, namely, one 
submitted in 1999 with the station's most recent antenna 
change application.  M-H states that, with respect to Mr. 
Hensley's first visit, it regrets the temporary confusion of 
its staff, which it blames, in part, on Mr. Hensley's 
``consistently confrontational manner.''13  M-H also relates 
that an August 29, 2000, inspection of WRTV(TV)'s public 
file conducted in connection with the Indiana Broadcasters 
Association Alternative Broadcast Inspection Program 
revealed that the file's contents were complete.14  Finally, 
M-H states that it is aware of no instance in which the 
Commission has cited WRTV(TV) for any rule violation since 
its acquisition of the station 30 years ago.15    

     5.   In responding to the Bureau's Second LOI, M-H 
acknowledges that Mr. Pfenninger visited the station.  M-H 
states, however, that the receptionist ``had no present 
recollection'' of the specifics of her conversation with Mr. 
Pfenninger, but related that she would not have told anyone 
that he needed to make an appointment.16  M-H regrets if Mr. 
Pfenninger somehow obtained the impression that he needed to 
come back another day in order to view the file.17  As to 
Ms. Jones, M-H explains that the person in charge of its 
public file was on vacation at the time of her August 1, 
2002, visit to the station.  M-H claims that its staff 
person asked Ms. Jones whether there was anything he could 
assist her finding in ``an effort to be helpful,'' not to 
limit her access only to specific items in the public 
file.18  With respect to Ms. McAllister, M-H states the 
station has no record of her having signed in and the staff 
person in charge of the public file has no recollection of 
her visit.19  

     6.   M-H insists that it takes its public file 
responsibilities seriously, and it provides a Memorandum 
distributed to all station staff on August 12, 2002, 
reiterating the station's public file policies.20  The 
Memorandum notes, among other things, that no person may be 
required to make an appointment to see the file and that 
requesters must be provided access to the entire file during 
normal business hours.21  M-H claims that six other persons 
viewed the station's public file during the months of July 
and August 2002 with no apparent difficulty.22  Finally, M-H 
notes that the station has conducted staff group training 
sessions to ensure that all appropriate personnel are aware 
of the rules and that the station had its public file 
audited by an entity recommended by the Indiana Broadcasters 
Association.  According to M-H, the audit's only 
recommendations were that the station remove certain 
outdated materials from its public file and that persons 
desiring to view the file receive a written handout 
describing the station's public file policy - 
recommendations with which it has complied.23  

     7.   In rebuttal, Mr. Pfenninger, who visited the 
station on July 11, 2002, reiterates that the receptionist 
told him that he would have to return another day after he 
had made an appointment.24  Mr. Pfenninger's allegations are 
confirmed and repeated by his son, Jeffrey.25  Ms. 
McAllister also repeats her claim that the station denied 
her request for access on her August 15, 2002, visit to the 
station.26  Finally, Mr. Price declares that he was with Ms. 
McAllister on August 15, 2002, and that her version of 
events is accurate.  Mr. Price also states that he did not 
receive any handout regarding the station's public file 
policy.27  Ms. McAllister and Mr. Price affirmed their 
statements under penalty of perjury.   

                       III. DISCUSSION

     8.   Under section 503(b)(1) of the Communications Act 
of 1934, as amended (the ``Act'') any person who is 
determined by the Commission to have willfully or repeatedly 
failed to comply with any provision of the Act or any rule, 
regulation, or order issued by the Commission shall be 
liable to the United States for a forfeiture penalty.28  In 
order to impose such a forfeiture penalty, the Commission 
must issue a notice of apparent liability, the notice must 
be received, and the person against whom the notice has been 
issued must have an opportunity to show, in writing, why no 
such forfeiture penalty should be imposed.29  The Commission 
will then issue a forfeiture if it finds by a preponderance 
of the evidence that the person has violated the Act or a 
Commission rule.30

     9.   Section 73.3526(a) of the Commission's rules31 
requires all licensees of commercial broadcast stations to 
maintain a local public inspection file containing certain 
designated information.  Section 73.3526(c)(1) of the 
Commission's rules32 provides, in pertinent part: ``The file 
shall be available for public inspection at any time during 
regular business hours.''  A licensee ``may not require that 
a member of the public make an appointment in advance or 
return at another time to inspect the public file, or that 
members of the public examine the public file only at times 
most convenient to the licensee of its staff.''33  Moreover, 
a simple request to see the file should result in an offer 
to produce the complete file.34    

     A.  M-H Apparently Has Willfully And Repeatedly 
        Violated The Commission's Rules By Failing To Make 
        WRTV(TV)'s Local Public Inspection File Available 

     10.  The issue in this case is whether M-H failed to 
make the public file for Station WRTV(TV) available for 
inspection to persons who requested to view the file.  Based 
upon the available record, we find that M-H apparently 
failed to do so on two separate occasions.  As detailed 
above, M-H admitted that it did not make Station WRTV(TV)'s 
public file available to Mr. Martin Hensley when he first 
visited the station in early January 2002 and requested to 
view the file.35  Instead, he was told he could either wait 
or make an appointment.  In addition, on July 11, 2002, when 
Mr. P. Frederick Pfenninger and his son Jeffrey visited the 
station and asked to view the station's public file, M-H did 
not make the file available to them for inspection.36  After 
considering and finding deficient the licensee's 
explanations, we conclude that M-H apparently willfully and 
repeatedly violated the Commission's public file rules by 
failing to make the file available to the complainants named 
above.   

     11.  However, we do not find apparent liability with 
respect to the complainants' other allegations.  As to Mr. 
Hensley's allegation that M-H failed to show him 
correspondence to the station dated more than three years 
old, the public file must include ``[a]ll written comments 
and suggestions received from the public [with certain 
specified exceptions]....  Letters and electronic mail 
messages shall be retained for a period of three years from 
the date on which they are received by the licensee.''37  
Thus, M-H's production of files in 2002, which contained 
letters from the years 1999-2001, was consistent with the 
rule's requirements.  Likewise, Mr. Hensley's allegations 
that M-H failed to have had in its file an appropriate 
coverage map does not establish a violation of section 
73.3526(e)(4) of the Commission's rules38 because Mr. 
Hensley did not provide sufficient information for us to 
determine that the map in the station's public file was not 
accurate or current.  With respect to the allegations made 
by Ms. Pamela Jones, we note that M-H made available to her 
the documents she wished to see, and we deem reasonable the 
station employee's explanation that he was trying to assist 
Ms. Jones rather than restrict her access to the file.  
Likewise, it appears that M-H allowed Mr. George Price to 
view that part of the public file that he asked to see.  
Consequently, we find unpersuasive the claims advanced by 
Ms. Canyce McAllister in view of the fact that her 
companion, Mr. Price, acknowledged seeing specific items 
from the Station WRTV(TV)'s public file on the same day and 
at the same time that Ms. McAllister went to the station. 

     B.  Proposed Forfeiture Amount

     12.  Section 503(b) of the Act,39 authorizes the 
Commission to assess a forfeiture penalty of up to $27,500 
for each violation, or each day of a continuing violation, 
up to a statutory maximum of $300,000 for a single act or 
failure to act if the violator is a broadcast station 
licensee.40  In determining the appropriate amount, we 
consider the factors enumerated in Section 503(b)(2)(D) of 
the Act,41 including ``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 such other matters as justice may 
require.''42

     13.  Section 1.80 of the Commission's rules43 and the 
Commission's Forfeiture Policy Statement establish a base 
forfeiture of $10,000 for violation of public file rules.  
As detailed above, it appears that M-H, on two different 
dates, did not make its public file available for inspection 
when requested to do so, contrary to section 73.3526(c) of 
the Commission's rules.44  Offsetting these apparent 
violations is the licensee's history, which shows no 
previous violations of the Commission's rules over a 30-year 
period.45 Based on these factors and the particular 
circumstances of this case, we find that M-H is apparently 
liable for a forfeiture penalty of $8,000 for its apparent 
willful and repeated failures to make the public file of 
Station WRTV(TV) available for inspection.46      

                    IV. ORDERING CLAUSES

     14.  ACCORDINGLY, IT IS ORDERED, pursuant to Section 
503(b) of the Act,47 and sections 0.111, 0.311, and 1.80 of 
the Commission's rules,48 that McGraw-Hill Broadcasting Co., 
Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR 
FORFEITURE in the amount of Eight Thousand Dollars 
($8,000.00) for willfully and repeatedly violating section 
73.3526(c) of the Commission's rules.49 

     15.   IT IS FURTHER ORDERED, pursuant to section 
1.80(f)(3) of the Commission's rules50 that within thirty 
(30) days of the release of this Notice, M-H SHALL PAY the 
full amount of the proposed forfeiture or SHALL FILE a 
written statement seeking reduction or cancellation of the 
proposed forfeiture.

     16.  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) 
referenced above and also should note the NAL/Acct. No. 
referenced above.

     17.  The response, if any, must be mailed to Maureen F. 
Del Duca, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, 445 
12th Street, S.W, Room 3-B443, Washington DC 20554 and MUST 
INCLUDE the NAL/Acct. No. referenced above.

     18.  The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the respondent 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 
respondent'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.

     19.  Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.51 

     20.  Under the Small Business Paperwork Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
Commission is engaged in a two-year tracking process 
regarding the size of entities involved in forfeitures.  If 
M-H qualifies as a small entity and if it wishes to be 
treated as a small entity for tracking purposes, it should 
so certify to the Commission within thirty (30) days of this 
NAL, either in its response to the NAL or in a separate 
filing to be sent to the Investigations and Hearings 
Division.  M-H's certification should indicate whether M-H, 
including its parent entity and its subsidiaries, meets one 
of the definitions set forth in the list provided by the 
Commission's Office of Communications Business Opportunities 
(OCBO) set forth in Attachment B of this Notice of Apparent 
Liability.  This information will be used for tracking 
purposes only.  M-H's response or failure to respond to this 
question will have no effect on its rights and 
responsibilities pursuant to Section 503(b) of the Act.  If 
M-H has questions regarding any of the information contained 
in Attachment B, it should contact OCBO at (202) 418-0990.

     21.  IT IS FURTHER ORDERED that a copy of this Notice 
shall be sent, by Certified Mail/Return Receipt Requested, 
to Don Lundy, Vice President/General Manager, McGraw-Hill 
Broadcasting Co., Inc., 1330 North Meridian Street, 
Indianapolis, Indiana 46202-2364, with an additional copy to 
Arthur B. Goodkind, Esq., Holland & Knight, LLP, 2099 
Pennsylvania Avenue, N.W., Suite 100, Washington, D.C., 
20006-6801. 

                         FEDERAL COMMUNICATIONS COMMISSION




                         David H. Solomon
                         Chief, Enforcement Bureau  

October 2002
                        ATTACHMENT B


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any  not-for-profit  enterprise that  is independently  owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of  cities, counties, towns, townships, villages, 
school districts, or 
special  districts,  with a  population  of  less than  fifty 
thousand.


(3)  Small Business
Any   business  concern  that  is   independently  owned  and 
operated and 
is  not dominant in its  field, and meets the  pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable   and   Other  Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline     Carriers    and 
Service providers 
                                1,500 Employees or Fewer
Local   Exchange   Carriers, 
Competitive           Access 
Providers,     Interexchange 
Carriers,  Operator  Service 
Providers,          Payphone 
Providers, and Resellers


Note:   With  the   exception  of  Cable  Systems,  all  size 
standards  are expressed  in  either millions  of dollars  or 
number  of employees  and  are generally  the average  annual 
receipts  or the  average employment  of a  firm.  Directions 
for   calculating   average  annual   receipts  and   average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International      Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International  Public  Fixed 
Radio  (Public  and  Control 
Stations)
Fixed              Satellite 
Transmit/Receive       Earth 
Stations
Fixed  Satellite  Very Small 
Aperture Terminal Systems
Mobile    Satellite    Earth 
Stations
Radio          Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary      Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low     Power     Television 
Services    and   Television 
Translator Stations
TV     Auxiliary,    Special 
Broadcast  and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio   Auxiliary,   Special 
Broadcast  and Other Program 
Distribution Services
Multipoint      Distribution  Auction Special Size Standard -
Service                       Small  Business  is  less  than 
                             $40M in  annual gross  revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220   MHz  Radio  Service  - 
Phase I Licensees
220   MHz  Radio  Service  -  Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             controlling principals)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private  and  Common Carrier 
Paging
Broadband           Personal 
Communications      Services     1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband           Personal  Auction special size standard -
Communications      Services  Small Business is  $40M or less 
(Block C)                     in  annual gross  revenues  for 
                             three previous calendar years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for    the   preceding    three 
                             calendar    years     (includes 
                             affiliates   and   persons   or 
                             entities that hold  interest in 
                             such    entity     and    their 
                             affiliates)
Broadband           Personal 
Communications      Services 
(Block F)
Narrowband          Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground    Radiotelephone 
Service
800  MHz  Specialized Mobile  Auction special size standard -
Radio                         Small Business is  $15M or less 
                             average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
900  MHz  Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation  and  Marine  Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small    Business   is    1,500 
Public Safety Radio Services  employees or less
                             Small  Government Entities  has 
                             population of less  than 50,000 
                             persons
Wireless    Telephony    and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore      Radiotelephone     1,500 Employees or Fewer
Service
Wireless      Communications  Small Business is  $40M or less 
Services                      average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction  special size  standard 
                             (1996) -
Multipoint      Distribution  Small Business is  $40M or less 
Service                       average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
                             Prior to Auction -
                             Small   Business   has   annual 
                             revenue of $12.5M or less
Multichannel      Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional     Television 
Fixed Service
                             Auction  special size  standard 
                             (1998) -
Local             Multipoint  Small Business is  $40M or less 
Distribution Service          average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 
                             First   Auction  special   size 
                             standard (1994) -
                             Small  Business  is  an  entity 
                             that,    together   with    its 
                             affiliates, has no  more than a 
218-219 MHZ Service           $6M   net  worth   and,   after 
                             federal income taxes (excluding 
                             carryover losses)  has no  more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
Satellite   Master   Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio     and     Television 
Broadcasting   and  Wireless 
Communications     Equipment      750 Employees or Fewer
Manufacturers
Audio  and  Video  Equipment 
Manufacturers
Telephone          Apparatus 
Manufacturers        (Except     1,000 Employees or Fewer
Cellular)
Medical    Implant    Device      500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)

                              2.   
_________________________

1 47 C.F.R.  73.3526.

2 Letter from Martin L.  Hensley to FCC (undated) (received 
June 18, 2002). 

3 Letter from Charles  W. Kelley, Chief, Investigations and 
Hearings Division, Enforcement  Bureau, FCC, to McGraw-Hill 
Broadcasting Co, Inc., dated July 30, 2002 (``First LOI''). 

4 Letter from P. Frederick  Pfenninger to FCC, dated August 
13, 2002.

5  Letter from  Pamela  Jones to  FCC, (undated)  (received 
August 15, 2002).

6 Letter  from Canyce McAllister  to FCC, dated  August 21, 
2002.

7 Letter from George Price to FCC, dated August 21, 2002.

8 Letter from Charles  W. Kelley, Chief, Investigations and 
Hearings Division, Enforcement  Bureau, FCC, to McGraw-Hill 
Broadcasting  Co,  Inc.,  dated  July  30,  2002  (``Second 
LOI'').    The Second  LOI included  the complaints  of Mr. 
Pfenninger,  Ms.  Jones and  Ms.  McAllister,  but not  the 
complaint of Mr. Price.

9 Letter from  Donald J. Lundy, Vice  President and General 
Manager  to Charles  W. Kelley,  Chief, Investigations  and 
Hearings  Division, Enforcement  Bureau, FCC,  dated August 
16, 2002, p. 1 (``M-H  First LOI Response'').  According to 
M-H, Mr.  Hensley first visited  the station on  January 8, 
2002.   It acknowledges  that  he returned  to WRTV(TV)  on 
January 9 and again on January 14, 2002.  Id., pp. 1-2.

10 Id., p. 1.

11 Id., p. 2.

12 Id., p. 3. 

13 Id.

14 Id., p.  2.  See also id., Attachment  A (Certificate of 
Compliance  from   the  Indiana   Broadcasters  Association 
Alternative Broadcast Inspection  Program, dated August 29, 
2000).

15 Id., p. 4.

16 Letter from Donald J.  Lundy, Vice President and General 
Manager  to Charles  W. Kelley,  Chief, Investigations  and 
Hearings Division,  Enforcement Bureau, FCC,  dated October 
4, 2002, pp. 1-2 (``M-H Second LOI Response''). 

17 Id. 

18 Id., p. 2.

19 Id., p. 3.

20 Id.   See also Memorandum  from Don Lundy to  the Staff, 
dated August 12, 2002, attached  to M-H Second LOI Response 
(``Memorandum'').

21 Memorandum, pp. 1-2.

22 M-H Second LOI Response, p. 3.

23 Id., pp. 3-4.

24  Letter  from  P.  Frederick Pfenninger  to  Charles  W. 
Kelley,  Chief,   Investigations  and   Hearings  Division, 
Enforcement Bureau, FCC, dated October 31, 2002.  

25  Letter  from  Jeffrey   S.  Pfenninger  to  FCC,  dated 
September 24, 2002.  

26 Letter from Canyce McAllister to FCC (undated) (received 
November 5, 2002).

27  Letter from  George  Price to  FCC (undated)  (received 
November 5, 2002).

28 47  U.S.C.  503(b)(1)(B);  47 C.F.R.   1.80(a)(1); see 
also 47 U.S.C.   503(b)(1)(D)(forfeitures for violation of 
18 U.S.C.   1464).  Section  312(f)(1) of the  Act defines 
willful  as ``the  conscious and  deliberate commission  or 
omission  of  [any]  act,  irrespective of  any  intent  to 
violate'' the law.  47  U.S.C.  312(f)(1). The legislative 
history to section 312(f)(1) of the Act clarifies that this 
definition  of willful  applies  to both  sections 312  and 
503(b)  of the  Act, H.R.  Rep. No.  97-765, 97th  Cong. 2d 
Sess. 51 (1982), and the  Commission has so interpreted the 
term in the section 503(b) context.  See, e.g., Application 
for Review of Southern California Broadcasting Co., (MO&O), 
6  FCC   Rcd  4387,  4388  (1991)   (``Southern  California 
Broadcasting  Co.'').  The  Commission  may  also assess  a 
forfeiture for violations that are merely repeated, and not 
willful.  See, e.g., Callais Cablevision, Inc., Grand Isle, 
Louisiana,  Notice  of   Apparent  Liability  for  Monetary 
Forfeiture, 16  FCC Rcd  1359 (2001)  (issuing a  Notice of 
Apparent  Liability for,  inter  alia,  a cable  television 
operator's repeated  signal leakage).   ``Repeated'' merely 
means that the act was committed or omitted more than once, 
or   lasts  more   than  one   day.   Southern   California 
Broadcasting  Co.,  6  FCC  Rcd   at  4388,    5;  Callais 
Cablevision, Inc., 16 FCC Rcd at 1362,  9.    

29 47 U.S.C.  503(b); 47 C.F.R.  1.80(f).

30 See,  e.g., SBC Communications,  Inc., 17 FCC  Rcd 7589, 
7591,  4 (2002) (forfeiture paid). 

31 47 C.F.R.  73.3526(a).

32 47 C.F.R.  73.3526(c)(1).

33   Availability  of   Locally   Maintained  Records   for 
Inspection by Members of the Public, 13 FCC Rcd 17959 (Mass 
Med. Bur. 1998).

34 In the  Matter of Liability of KLDT-TV 55,  Inc., 10 FCC 
Rcd 3198, 3199,  6 (1995).   See also In the Matter of M&R 
Enterprises,  Inc.   (Notice  of  Apparent   Liability  for 
$10,000),  17 FCC  Rcd 5897,  5898,   7 (Enf.  Bur. 2002), 
(Forfeiture  Order),  17 FCC  Rcd  14608  (Enf. Bur.  2002) 
(forfeiture reduced to $5,000 because of inability to pay); 
Availability of  Locally Maintained Records  for Inspection 
by Members  of the Public,  supra note 33,  (``such records 
are  to be  provided on  request to  members of  the public 
visiting  the  station  and  without  requiring  that  they 
identify themselves, their  organization, or the particular 
documents they wish to inspect.'').  

35 See supra  note 9.  We find immaterial  that Mr. Hensley 
and  M-H do not  agree about  the date  of his  first visit 
(January 8 or  9, 2002), as both Mr. Hensley  and M-H agree 
that he visited the station in early January 2002, and that 
he  requested, but  could  not view,  the station's  public 
file.    

36 See supra paragraph 5.  Although M-H apparently disputes 
that the receptionist  asked Mr. Pfenninger and  his son to 
make an appointment, it does  not dispute that it failed to 
produce  the station's  public file  on the  date of  their 
visit. 

37 47 C.F.R.  73.3526(e)(9)(i).

38 47 C.F.R.  73.3526(e)(4)  states in pertinent part that 
the  public file  must  include a:  ``copy  of any  service 
contour maps submitted with any application  ... as long as 
they  reflect current,  accurate information  regarding the 
station.''

39 47 U.S.C.  503(b)

40 See  also section 1.80(b)(1) of  the Commission's rules, 
47 C.F.R.  1.80(b)(1); Amendment of Section  1.80(b) of the 
Commission's  Rules,  Adjustment  of Forfeiture  Maxima  to 
Reflect Inflation, 15 FCC Rcd 18221, 18223 (2000). 

41 47 U.S.C.  503(b)(2)(D).

42 See  also The  Commission's Forfeiture  Policy Statement 
and Amendment of  Section 1.80 of the  Rules to Incorporate 
the Forfeiture Guidelines, 12 FCC Rcd 17087, 17100-01,  27 
(1997), recon. denied, 15  FCC Rcd 303 (1999) (``Forfeiture 
Policy Statement''); section 1.80(b)(4) of the Commission's 
rules, 47 C.F.R.  1.80(b)(4). 

43 47 C.F.R  1.80.

44 47 C.F.R.  73.3526(c).  

45  Although Station  WRTV(TV)  received  a certificate  of 
compliance  in August  2000 from  the Indiana  Broadcasters 
Association  Alternative  Inspection   Program,  M-H  still 
failed repeatedly  in 2002  to make  its file  available to 
complainants.  Its compliance certificate does not insulate 
it from enforcement action based on complaints.   

46 See In the Matter of M & R Enterprises, Inc., 17 FCC Rcd 
5897  (Enf. Bur.  2002) (Notice  of Apparent  Liability for 
$10,000 for  failing to make  its public file  available to 
three persons  on two dates),  17 FCC Rcd 14608  (Enf. Bur. 
2002) (Forfeiture  Order for $5,000; amount  reduced due to 
demonstrated  inability   to  pay).   See   also  Riverside 
Broadcasting, Inc., 15 FCC Rcd  18322 (Enf. Bur. 2000) (NAL 
paid;   licensee  found   apparently  liable   for  $10,000 
forfeiture   for  denying   access   to  station's   public 
inspection  file on  two dates).   Notwithstanding the  two 
violations  here, we  have opted  to reduce  the forfeiture 
from $10,000 to $8,000 in  light of M-H's overall record of 
compliance.      

47 47 U.S.C.  503(b).

48 47 C.F.R.  0.111, 0.311 and 1.80.

49 47 C.F.R.  73.3526(c).

50 47 C.F.R.  1.80(f)(3). 

51 See 47 C.F.R.  1.1914.