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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File Number EB-02-DL-530
EICB-TV, LLC )
Licensee of KUOT-CA in Oklahoma ) NAL/Acct. No.200432500005
City, OK )
Cedar Hill, Texas ) FRN 0004-5420-31
Adopted: September 21, 2004 Released: September 23,
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we
issue a monetary forfeiture in the amount of two
thousand dollars ($2,000) to EICB-TV, LLC
(``EICB''), licensee of Class A television
station KUOT-CA Oklahoma City, Oklahoma, for
willful and repeated violation of Section
73.3526(c)(1) of the Commission's Rules
(``Rules'').1 The noted violations involve
EICB's failure to have available for public
inspection all of the materials required to be
kept in the station's public inspection file.
2. On April 7, 2004, the Commission's Dallas,
Texas, Field Office (``Dallas Office'') issued a
Notice of Apparent Liability for Forfeiture
(``NAL'') to EICB for a forfeiture in the amount
of ten thousand dollars ($10,000).2 EICB
responded to the NAL on April 28, 2004.
3. On February 20, 2003, an agent from the
Dallas Office inspected station KUOT-CA3 at its
main studio located at Eagle Heights Church in
Oklahoma City. The station's public file was
missing all required items except the station
authorization and applications to the
4. On August 19, 2003, an agent from the Dallas
Office again inspected KUOT-CA's main studio.
The public file was missing the following
required items: issues/programs lists and
records concerning commercial limits.
5. In its response to the NAL, EICB admits
violating the public file requirement on
February 20 and August 19, 2003, but asserts
that its violations were not willful and that it
is now in compliance. Additionally, EICB
requests cancellation of the proposed monetary
forfeiture on the basis of financial hardship
and submits copies of its 2000, 2001, 2002 and
2003 federal income tax returns in support of
6. The proposed forfeiture amount in this case
is being assessed in accordance with Section
503(b) of the Communications Act of 1934, as
amended (``Act''),4 Section 1.80 of the Rules,5
and The Commission's Forfeiture Policy Statement
and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines, 12 FCC
Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303
(1999) (``Policy Statement''). Section 503(b)
of the Act requires that the Commission, in
examining EICB's response, take into account 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.6
7. Section 73.3526(c)(1) of the Rules requires
that licensees of commercial broadcast stations
make a file available for public inspection at
any time during regular business hours. The
file must be maintained at the station's main
studio7 and, for television stations, must
contain the station's authorization,
applications and related materials, citizen
agreements, contour maps, ownership reports and
related materials, political file, Equal
Employment Opportunity file, the ``Public and
Broadcasting'' manual, letters and e-mails from
the public, material relating to FCC
investigations or complaints, TV issues/program
lists, records concerning commercial limits,
local public notice announcements, and must-
carry or retransmission consent election.8 On
the basis of the FCC agent's investigation and
EICB's admission, we conclude that, on February
20, 2003 and August 19, 2003, EICB did not have
available for public inspection all of the
materials required to be kept in KUOT-CA's
public inspection file, in violation of Section
73.3526(c)(1) of the Rules.
8. EICB argues that it wanted to comply with the
Commission's Rules and that its violations of
Section 73.3526(c)(1) of the Rules were not
willful. Section 312(f)(1) of the Act,9 which
applies to violations for which forfeitures are
assessed under Section 503(b) of the Act,
provides that ``[t]he term `willful,' ... 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). EICB's
response to the NAL indicates that, on August
19, 2003, EICB knew that its public file did not
include all of the required items. We conclude,
therefore, that EICB's violation of Section
73.3526(c)(1) of the Rules was willful and, on
the basis of the violation's occurrence on two
days, we conclude that it was also repeated.10
9. EICB's post-notification corrective action
does not mitigate its violations. As the
Commission stated in Seawest Yacht Brokers, 9
FCC Rcd 6099, 6099 (1994), ``corrective action
taken to come into compliance with Commission
rules or policy is expected, and does not
nullify or mitigate any prior forfeitures or
10. Our review of the three most recent federal
income tax returns provided by EICB indicates
that the proposed forfeiture amount should be
reduced to $2,000 because of EICB's inability to
pay a larger amount.
11. We have examined EICB's response to the NAL
pursuant to the statutory factors above, and in
conjunction with the Policy Statement as well.
As a result of our review, we conclude that EICB
willfully and repeatedly violated Section
73.3526 (c)(1) of the Rules and that reduction
of the proposed $10,000 monetary forfeiture to
$2,000 is warranted.
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Act, and Sections 0.111,
0.311 and 1.80(f)(4) of the Rules,12 EICB-TV
L.L.C. IS LIABLE FOR A MONETARY FORFEITURE in
the amount of two thousand dollars ($2,000) for
willfully and repeatedly violating Section
73.3526(c)(1) of the Rules.
13. Payment of the forfeiture shall be made in
the manner provided for in Section 1.80 of the
Rules within 30 days of the release of this
Order. If the forfeiture is not paid within the
period specified, the case may be referred to
the Department of Justice for collection
pursuant to Section 504(a) of the Act.13
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 Forfeiture Collection
Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. Payment by overnight mail may be
sent to Bank One/LB 73482, 525 West Monroe, 8th
Floor Mailroom, Chicago, IL 60661. Payment by
wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account
number 1165259. Requests for full payment under
an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.14
14. IT IS FURTHER ORDERED that a copy of this
Forfeiture Order shall be sent by regular mail
and Certified Mail Return Receipt Requested to
EICB-TV, LLC, 406 Copeland Drive, Cedar Hill,
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
1 47 C.F.R. § 73.3526(c) (1).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432500005 (Enf. Bur., Dallas Office, released April 7, 2004).
3 Then KKCC-LP. The call sign was changed to KUOT-CA on October
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 503(b)(2)(D).
7 See 47 C.F.R. § 73.3526(b).
8 See 47 C.F.R. §§ 73.3526(a)(2) and 73.3526(e)(1) - (11), (13)
9 47 U.S.C. § 312(f)(1)
10 As provided by 47 U.S.C. § 312(f)(2), a violation that occurs
more than once is ``repeated.'' The Conference Report for
Section 312(f)(2) indicates that Congress intended to apply this
definition to Section 503 of the Act as well as Section 312. See
H.R. Rep. 97th Cong. 2d Sess. 51 (1982). See Southern California
Broadcasting Company, supra at 4388 (1991).
11 See also Callais Cablevision, Inc., 17 FCC Rcd 22626, 22629
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); and
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).
12 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
13 47 U.S.C. § 504(a).
14 See 47 C.F.R. § 1.1914.