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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-06-SE-239
Lazer Broadcasting Corporation ) NAL/Acct. No. 200632100019
Oxnard, California ) FRN # 0005774112
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: August 1, 2006 Released: August 3, 2006
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture, we find Lazer
Broadcasting Corporation ("Lazer"), former licensee of satellite earth
station, call sign E950275, Oxnard, California, apparently liable for
forfeiture in the amount of five thousand, two hundred dollars
($5,200) for operating its earth station without Commission authority
and for failing to timely file a renewal application. Lazer acted in
apparent willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended, ("Act") and Sections 25.102(a)
and 25.121(e) of the Commission's Rules ("Rules").
2. Lazer's license for its Ku-band fixed-satellite service earth station,
E950275, expired on May 26, 2005. On May 22, 2006, Lazer Licenses, LLC
("Lazer LLC"), a limited liability company of which Lazer Broadcasting
is the sole member, filed an application for a new earth station
license. On this same day, Lazer LLC filed a request for special
temporary authority ("STA") to continue operating its earth station
pending Commission action on the new license application. The
International Bureau granted Lazer LLC's STA on May 26, 2006, and
granted Lazer LLC a new earth station license under call sign E060180
on July 18, 2006.
3. Because it appeared that Lazer may have operated the earth station
after the expiration of its license, the International Bureau referred
this case to the Enforcement Bureau for investigation and possible
enforcement action. On June 6, 2006, the Enforcement Bureau's Spectrum
Enforcement Division issued a letter of inquiry ("LOI") to Lazer.
4. In its July 21, 2006 response to the LOI, Lazer stated that it first
became aware that its earth station license, E950275, had expired on
May 15, 2006. On this date, Lazer's communications attorney discovered
the expired license. The attorney immediately notified Lazer of the
expired license who took immediate action to remedy the situation.
5. Section 301 of the Act and Section 25.102(a) of the Rules prohibit the
use or operation of any apparatus for the transmission of energy or
communications or signals by an earth station except under, and in
accordance with a Commission granted authorization. Additionally,
Section 25.121(e) of the Rules requires that licensees file renewal
applications for earth stations "no earlier than 90 days, and no later
than 30 days, before the expiration of the license." Absent a timely
filed renewal application, an earth station license automatically
6. As a Commission licensee, Lazer was required to maintain its
authorization in order to operate its earth station. Lazer operated
its earth station without Commission authority from the license
expiration date of May 26, 2005, until May 26, 2006. By operating its
earth station for one year without an instrument of authorization,
Lazer apparently violated Section 301 of the Act and Section 25.102(a)
of the Rules. Lazer also acted in apparent violation of Section
25.121(e) of the Rules by allowing its license to lapse without
1. Section 503(b) of the Act, and Section 1.80(a) of the Rules, provide
that any person who willfully or repeatedly fails to comply with the
provisions of the Act or the Rules shall be liable for a forfeiture
penalty. For purposes of Section 503(b) of the Act, the term "willful"
means that the violator knew that it was taking the action in
question, irrespective of any intent to violate the Commission's
rules, and "repeatedly" means more than once. Based upon the record
before us, it appears that Lazer's violations of Section 301 of the
Act and Sections 25.102(a) and 25.121(e) of the Rules were willful and
2. In determining the appropriate forfeiture amount, Section 503(b)(2)(D)
of the Act directs us to consider factors, such as "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
3. Section 1.80(b) of the Rules sets a base forfeiture amount of three
thousand dollars ($3,000) for failure to file required forms or
information and ten thousand dollars ($10,000) for operation of a
station without Commission authority. Consistent with precedent, we
propose forfeiture in the amount of $1,500 for Lazer's failure to file
the renewal application for its earth station within the time period
specified in Section 25.121(e) of the Rules. Additionally, we propose
forfeiture in the amount of $5,000 for Lazer's continued operation of
its earth station beyond May 26, 2005. In proposing this forfeiture,
we recognize that the Commission considers a licensee who operates a
station with an expired license in better stead than a pirate
broadcaster who lacks prior authority, and thus downwardly adjust the
$10,000 base forfeiture amount accordingly. Thus, we propose an
aggregate forfeiture amount of $6,500.
4. As a Commission licensee, Lazer is charged with the responsibility of
knowing and complying with the terms of its authorizations, the Act
and the Rules, including the requirement to timely renew the
authorization for its earth station. We do find, however, that a
downward adjustment of the proposed aggregate forfeiture from $6,500
to $5,200 is warranted because Lazer made voluntary disclosures to
Commission staff and undertook corrective measures after learning of
its violations, but prior to any Commission inquiry or initiation of
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
and Sections 0.111, 0.311 and 1.80 of the Rules, Lazer IS hereby
NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of
five thousand, two hundred dollars ($5,200) for the willful and
repeated violation of Section 301 of the Act and Sections 25.102(a)
and 25.121(e) of the Rules.
8. 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 for Forfeiture, Lazer SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
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/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. A request for
full payment under an installment plan should be sent to: Associate
Managing Director-Financial Operations, 445 12^th Street, S.W., Room
1-A625, Washington, D.C. 20554.
10. The response, if any, must be mailed to the Office of the Secretary,
Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
and must include the NAL/Acct. No. referenced in the caption.
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; 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
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by first class mail and certified mail
return receipt requested to counsel for Lazer Broadcasting
Corporation, Ann Bavender, Fletcher, Heald & Hildreth, P.L.C., 11^th
Floor, 1300 North 17^th Street, Arlington, Virginia, 22209.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
47 U.S.C. S 301.
47 C.F.R. SS 25.102(a) and 25.121(e).
See File No. SES-STA-20060522-00860 (granted May 26, 2006).
See File No. SES-LIC-20060522-00859 (granted July 18, 2006). The
International Bureau granted the new license without prejudice to any
future FCC enforcement action against the company in connection with any
unauthorized operation of its radio facilities.
See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission to Alicia
H. Miranda, Assistant Secretary, Lazer Broadcasting Corp. (June 6, 2006).
See Letter from Ann Bavender, Esq., to Brian Tucker, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission (July 21,
2006) ("LOI Response").
Id. at 2.
Id. at 2-3.
Id. at 3.
47 C.F.R. S 25.121(e).
47 C.F.R. S 25.161(b).
LOI Response at 3.
47 U.S.C. S 503(b).
47 C.F.R. S 1.80(a).
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991); see also
WCS Communications, Inc., 13 FCC Rcd 6691 (WTB, Enf. and Consumer Info.
Div., 1998) (finding that a licensee's inadvertent failure to file timely
renewal applications constitutes a repeated violation that continues until
the date the license is renewed).
47 U.S.C. S 503(b)(2)(D). See also Forfeiture Policy Statement, 12 FCC Rcd
17087, 17110 (1997), recon. denied (1999).
47 C.F.R. 1.80(b).
See Discussion Radio, Inc., 19 FCC Rcd 7433, 7438 (2004) (proposing a
$1,500 forfeiture for failure to file a timely renewal application for a
broadcast station) ("Discussion Radio"); see also Gilmore Broadcasting
Corp., 21 FCC Rcd 6284 P 9 (Enf. Bur., Spectrum Enf. Div., 2006)
("Gilmore") ; Criswell College, 21 FCC Rcd 5106 PP 11-12 (Enf. Bur.,
Spectrum Enf. Div., 2006) ("Criswell"); National Weather Networks, Inc.,
21 FCC Rcd 3922 PP 9-10 (Enf. Bur., Spectrum Enf. Div., 2006) ("NWN");
Journal Broadcast Corporation, 20 FCC Rcd 18211, 18213 (Enf. Bur.,
Spectrum Enf. Div., 2005) ("Journal Broadcast"); Shared Data Networks,
LLC, 20 FCC Rcd 18184, 18187 (Enf. Bur., Spectrum Enf. Div., 2005)
See Discussion Radio, 19 FCC Rcd at 7438 (proposing a $5,000 forfeiture
for operating a station for 14 months beyond the expiration of its
license); see also Gilmore, 21 FCC Rcd 6284 P 9; Criswell 21 FCC Rcd 5106
PP 11-12; NWN, 21 FCC Rcd 3922 PP 9-10; Journal Broadcast, 20 FCC Rcd at
18213; SDN, 20 FCC Rcd at 18187.
See Discussion Radio, 19 FCC Rcd at 7437.
See Petracom of Texarkana, LLC, 19 FCC Rcd 8096, 8097-8098 (Enf. Bur.,
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311 and 1.80.
47 C.F.R. S 1.80.
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 06-1564
Federal Communications Commission DA 06-1564